36C24125Q0723.docx

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services RFQ: 36C24125Q0723, NuTrace Laser Services

GENERAL INFORMATION

VAMC Bedford

200 Springs Road Bedford MA 01730

POINT OF CONTACT*

Contract Specialist Philip Silva Philip.silva1@va.gov

PLACE OF PERFORMANCE

VAMC Bedford

200 Springs Road

Bedford MA

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

This solicitation is a 100% SDVOSB set-aside. The limitations of subcontracting, as described in FAR 52.219-14, will apply to any potential contract. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

This is a combined synopsis/solicitation notice synopsizing an RFQ solicitation to satisfy the requirements of FAR 5.201 and 5.203. All interested parties should register via Sam.gov interested vendors list. It is the responsibility of the offeror to monitor and download amendments from SAM.gov Federal Business Opportunities, which may be issued to this solicitation. In accordance with FAR 52.204-7, FAR 2.101, and VAAR 802.101, prospective firms must be registered in SAM (www.sam.gov), and in Vet-Cert (veterans.certify.sba.gov) databases prior to the award. (Note: all vendors claiming Small Business status in accordance with the Veteran's First Contracting Program must be VERIFIED by the Office of Small Disadvantaged Business Utilization's Center for Veteran's Enterprise (CVE) prior to receiving an award under the program).

The Department of Veterans Affairs, Veterans Health Administration, intends to solicit proposals from contractors to provide Services for Nutrace Laser in support of Bedford VA Healthcare System in the state of Massachusetts. NAICS Code is 339113 with a Small Business Size Standard of 800 employees. The product/service code is 6515. The VA anticipates issuing a solicitation for this requirement on 08/8/2025. Proposals will be accepted for an approximate 11 days commencing with the issuance date of the solicitation. Interested contractors will be responsible for downloading copies of the solicitation (and any subsequent amendments) from that website, and no hard copies will be made available. The solicitation will provide instructions to contractors about the proposal submission process. Prospective Offerors are encouraged to register their interest in the solicitation on the Contracting Opportunities website (beta.sam.gov) so that they are notified of the issuance of the solicitation and any amendments.

Interested persons may contact the Contracting Officer via email at Philip.Silva1@va.gov regarding this procurement. The determination to conduct a competitive procurement based on responses to this notice is solely within the discretion of the Contracting Officer.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-07.

This solicitation is set-aside for 100% Service Disabled Veteran Owned Small Business (SDVOSB).

The associated North American Industrial Classification System (NAICS) code for this procurement is 339113, with a small business size standard of 800 Employees. The FSC/PSC is 6515.

The Network Contracting Officer (NCO) 1 – New England is seeking to purchase services for NuTrace Laser.

All interested companies shall provide quotations for the following:

Measure

TOTAL

STATEMENT OF WORK

SCOPE OF WORK: Sterile Processing Services utilizes the NuTrace Laser for UDI tracking purposes. The Contractor shall provide all labor, personnel, equipment, tools, materials, supervision and other items and services necessary to perform the following:

· Service Contract for existing NuTrace Laser and accessories

· Instrument maintenance services.

1. EQUIPMENT

The following equipment shall be provided and installed by the Contractor in the space determined by the Government. All equipment installed by the Contractor shall be FDA approved for use and fully operational in accordance with manufacturer literature specifications.

The Contractor shall provide all tools and equipment necessary to properly and safely perform the services set forth within this statement of work. This shall include, but is not limited, to all Personal Protective Equipment (PPE) which may be required for the work to be completed in a safe manner. The Contractor shall provide any equipment necessary for proper infection control measures.

2. SALIENT CHARACTERISTICS

Per OSP, and VISN wide SPS Chief reviews:

One of the most important tasks following the FDA UDI rule (Unique Device Identification) is the marking and retrofitting of each instrument inside the hospital's supply chain with a 2D Data Matrix code. This barcode is universal (It can be GS1 as well) and can be read by any barcode reader, as well by any tracking system available in the market. This is a tremendous task to perform, not only because the limit availability of the sets, but because the time needed for marking is extremely short, it is a pit stop, where every mark most be applied perfectly in an extremely short time. Per the San Antonio SPS Chief, “The new face of the VA includes more efficiency and safety for their patients, this is why they are using the NuTrace NUX-20 laser surgical instrument laser marker. San Antonio TX Has had a NuTrace for a good few years now and it works great. To touch on the subject of rounded items (dental/podiatry) there is a configuration for the 2D data Matrix barcode (8x20) that makes the mark into a rectangle which the scanners have a higher percentage of reading as opposed to the normal square 2d Data Matrix. Please note that the 2D Data Matrix is not the same format as a QR code, which in my opinion, gives us greater versatility when trying to fit a scannable barcode onto a oddly shaped instrument.” Per the Atlanta, VHACS SPS Chief, “We have both the NuTrace laser and then later added DARR Surgical for further training and implementation of laser etching and commissioning to the surgical sets. The DARR Surgical team is very professional.”

The Contractor shall provide a service plan that meets the following characteristics:

· Maintenance, service contract 1 year Includes PM Repairs, any mechanical repairs, on location specialist and any shipping cost/use of Loaner

· Service Contract deliverables:

Any PM required including filter changes any required repairs to laser and scanners (including location repairs) (parts included)

· Onsite training, conduct audits of up to 15 trays per day and provide needed education and refresher training.

· Daily support and trouble shooting. (Anything that can’t be resolved over phone, an engineer comes on location)

· 2 additional LIA certifications as needed. (New people get hired in the future to use your laser, they must complete in order to use laser independently)

· Laser Marking Services - 1 to 2 Certified Laser Operators and Trainers: - One workweek each quarter or 20 days per year.

· Laser marking services inclusive of laser mark, neutralization, tray auditing, count sheet revisions, finding replacements, and Quality inspection and reporting.

· Revised and Updated Count sheets will be documented and reflect a perfectly assembled tray according to the surgeon’s expectations. All instruments within the tray receiving a laser mark will be guaranteed to reflect an acceptable instrument within that tray by the surgeon. actual instruments called for on count sheet and a suitable alternative to that instrument will be laser marked.

· Areas of focus include, but are not limited to:

· scanner functions, Prep & Pack Assembly, laser production. The comprehensive services provided will encompass, but are not limited to, the following key components:

· Assessment of Surgical Instruments: Conducting a thorough assessment of surgical instruments to determine the extent of repair and refurbishment required.

· Refurbishing and Reassembly: Skillfully refurbishing and reassembling the instruments to restore them to their original functionality.

· Aesthetic Restoration: Diligently restoring the design and aesthetic of the instruments based on the manufacturer's specifications.

· Surgical Instrument Repair and Refurbishment: Inspection and execution of necessary repairs and refurbishment by a certified technician to ensure all instruments are in optimal working condition for surgical use.

2. AREAS TO BE SERVICED (one or all as necessary and appropriate to this contract) Department of Veterans Affairs Bedford Va Medical Center Sterile Processing Services (SPS) 200 Springs Road Bedford, MA 01730

3. INSTALLATION

a) The Contractor shall provide all labor, materials, tools, equipment and etc. to prepare for and complete the installation of the equipment in the space determined by the Government.

b) Project implementation meetings, if necessary, shall be coordinated with the COR.

c) Installation and implementation dates are to be coordinated in advance with the Contractor and the COR.

d) All employees of the Contractor and subcontractors shall comply with VA security management program and obtain the permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

e) All installation personnel shall be trained by the manufacturer on how to properly install the equipment. Resumes and certifications shall be submitted for review upon request by the Government.

f) All installation personnel shall be trained by the manufacturer on safe and proper Personal Protective Equipment (PPE) usage and general infection control regulations and requirements relevant to the work outlined in the Scope of Work.

g) The Contractor shall be responsible for the safe removal and disposal of all trade-in equipment as applicable.

h) The Contractor shall be responsible for the safe removal and disposal of all packing materials and related waste generated during installation.

4. TRAINING

The Contractor shall provide a comprehensive onsite training program for the operating clinicians. This training program shall include at the minimum the following sessions: (i) Technical Training, (ii) Operational Training, (iii) Administrative Training, and (iv) Hardware and Software Trouble-shooting. Training shall occur onsite during normal business hours, 7:00am-3:30pm, Monday through Friday. Competency assessments shall be provided with the training. Onsite training is to be scheduled in advance with the Bedford VA Medical Center through the COR.

The Contractor shall provide onsite general overview technical training for Clinical Engineering personnel as requested. Training shall include a technical overview of the mechanics, electronics, and general operations of the system. Training shall cover detailed instruction regarding the preventative maintenance, troubleshooting, and general maintenance of the equipment.

Training will also include:

• UDI Application- Surgical instruments will be marked with a unique device identifier on most instruments including stainless steel, anodized aluminum, titanium, and plastics.

• Data entry/Editing – Existing instruments already marked will be reviewed for accurate description and unnecessary duplicates will be eliminated. Any marks not being picked up and read by Tenth Medical Group scanners will be removed and reapplied using our approved Class I laser. We are certified by the OEM on using this technology and can also provide necessary training to end users for sustainability.

• Count sheet revisions - as directed by and agreed to by VA SPS Leadership, we will edit and make necessary count sheet changes to help eliminate tray picking errors.

• Identify all missing instruments - needed to make the set complete, finding replacements, then scanning them and entering them into the system.

• Quality Assurance- each tray laser marked will also be individually examined.

5. INSPECTION AND ACCEPTANCE

a) The Contractor shall conduct a joint inspection with the COR upon completion of instrument maintenance.

b) Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s).

c) The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

6. WARRANTY

a) The contractor shall provide a one year manufacturer’s warranty on all parts and labor.

b) The warranty shall include all travel and shipping costs associated with any warranty repair.

7. TASK FREQUENCY AND INSTRUCTIONS

The work set forth in the Scope of Work shall be completed in a single visit, be it a single day or multiple days as required for appropriate completion. All work is to be scheduled in advance with the COR.

Equipment delivery shall not precede installation by more than 20 days. Installation and implementation must be immediately followed by clinical user training including “go live” support. Implementation and integration with VistA CPRS shall not exceed 90 days from date of award.

8. SPECIAL WORK REQUIREMENTS

The Contractor shall comply with any and all Infection Control Risk Assessment requirements deemed appropriate by the Bedford VA Medical Center during all portions of the work set forth in the Scope of Work.

The Contractor must comply with security, privacy, and safety issues in accordance to VA standards, policies, and directives set forth at all times while providing the work outlined in the Scope of Work.

9. PROPERTY DAMAGE

The contractor shall take all necessary precautions to prevent damage to any government property. The contractor shall report any damages immediately and shall be assessed current replacement costs for property damaged by the contractor, unless corrective action is taken. Any damaged material (e.g. trees, shrubs, lawn/turf, cubs, gutters, sidewalks, etc.) will be replaced in a timely manner or corrected by the contractor with like materials, at no extra cost to the government, upon approval of the Contracting Officer.

10. ATTACHMENTS

None.

11. IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS

The contractor's employees shall wear visible identification at all times while on the premises of the VA property. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police-Security Service. The VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VA. Cellular phones and two way radios are not to be used within six feet of any medical equipment. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court.

12. COMPLIANCE WITH OSHA BLOODBORNE PATHOGENS STANDARD

13. INFORMATION SECURITY LANGUAGE

MARCH 12, 2010 VA HANDBOOK 6500.6

APPENDIX C

C-1

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S.

to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employment. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

6. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set fourth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

8. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

14 Records Management Language for Statement of Work The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(END OF STATEMENT OF WORK)

The purchase order/contract anticipated period of performance is: 9/1/2025 – 8/31/2028.

Place of Performance:

Department of Veterans Affairs Bedford Healthcare System 200 Springs Road Bedford, MA 01730

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services” MAR 2023

2. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

3. FAR 52.252-1, “Solicitation provisions incorporated by reference”, FEB 1998 - This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

4. FAR 52.204-7, “System for award management”, OCT 2018

5. FAR 52.204-16, “Commercial and government entity code reporting”, AUG 2020

6. VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business evaluation factors”, OCT 2019

7. VAAR 852.215-71, “Evaluation factor commitments”, OCT 2019

8. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” DEC 2022

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” DEC 2022

· ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

· FAR 52.252-2 “Clauses incorporated by reference”, FEB 1998. - This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

· FAR 52.204-13, “System for award management maintenance”, OCT 2018

· FAR 52.204-18, “Commercial and Government entity code maintenance”, AUG 2020

· FAR 52.217-8, Option to Extend Services (NOV 1999)

· FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000)

· FAR 52.232-40, “Providing accelerate payments to small business subcontractors”, MAR 2023

· VAAR 852.203-70, “Commercial Advertising”, MAY 2018

· VAAR 852.219-75, “VA notice of limitations on subcontracting—Certificate of compliance for services and construction”, NOV 2022

· VAAR 852.232-72, “Electronic Submission of Payment requests”, NOV 2018

· VAAR 852.242-71, “Administrative contracting officer”, OCT 2020

· FAR 52.212-5, “Contract Terms and Conditions required to implement statutes or executive orders – Commercial products and Commercial services”, JUN 2023

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

· 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

· 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

· 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

· 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

· 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

· 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

· 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

· 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

· 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

· 52.219-28, Post Award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)).

· 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

· 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

· 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

· 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

· 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

· 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O’. s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

· 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application. (JUN 2023) (Section 102 of Division R of Pub L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note)

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(END OF CLAUSES)

· FAR 52.212-1, “Instructions to Offerors-Commercial Products and Commercial Services”, SEP 2023

· FAR 52.252-1, “Solicitation Provisions Incorporated by Reference”, FEB 1998

· FAR 52.204-6, “Unique Entity Identifier”, OCT 2016

· FAR 52.204-7, “System for Award Management”, OCT 2018

· FAR 52.204-16, “Commercial and Government Entity Code Reporting”, AUG 2020

· FAR 52.216-1, “Type of Contract”, APR 1984

· FAR 52.229-11, “Tax on Certain Foreign Procurements – Notice and Representation”, JUN 2020

· VAAR 852.209-70, “Organizational Conflicts of Interest”, OCT 2020

· VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors”, JAN 2023 (DEVIATION)

· FAR 52.212-2, “Evaluation-Commercial Items”, OCT 2014

All quoters shall submit the following: Price, Technical, and Past Performance All quotes shall be sent to the Contract Specialist, Philip Silva, Philip.silva1@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors: Price, Technical, and Past Performance.

1. Price:

a. Complete line items on Page 1 of this solicitation, which will be completed by the offeror.

2. Technical: The offeror’s quote shall be evaluated to determine if the contractor has the capabilities to provide quality supplies in a timely and efficient manner.

a. Meeting the Specifications in the Statement of Work.

b. Sub-Contracting (if applicable): If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort.

3. Past Performance: The offeror must have experience by providing the following:

a. Provide (3) references of work, similar in scope and size with the requirement detailed in the Performance Work Statement. Refer to Past Performance sheet in section D. References must include contact information, brief description of the work completed, and contract # (if relevant). References may be checked by the Contracting Officer to ensure your company is has complied with prior requirements, responded to issues and performed in accordance with the SOW.

b. Past performance information may also be obtained from other sources available to the Government to include, but not limited to, Past Performance Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (eSRS), or other databases.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

· FAR 52.212-3, “Offeror Representations and Certifications-Commercial Products and Commercial Services”, SEP 2023

(END OF PROVISIONS)

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

Submission of questions shall be received not later than 8/15/2025 at 10:00 AM EST and e-mail sent to Philip.Silva1@va.gov.

Submission of your response shall be received not later than 08/22/2025 at 10:00 AM EST and e-mail sent to Philip.silva1@va.gov.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Not accepted.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact:

Philip Silva Philip.silva1@va.gov 781-687-2000 x6704