S02 - Combined Synopsis Solicitation - FY25-27 Bath and Canandaigua Dairy Re-solicitation Amendment 0001.docx

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 2024-07.

This solicitation is Unrestricted allowing for Full and Open competition.

The associated North American Industrial Classification System (NAICS) code for this procurement is 311511 – Fluid Milk Manufacturing, with a small business size standard of 1,150 employees.

The FSC/PSC is 8910 – Dairy Foods and Eggs.

The Department of Veterans Affairs, Network Contracting Office 2 (NCO 2), is seeking to purchase milk and dairy products for the Bath and Canandaigua VA Medical Centers in New York state.

All interested companies shall provide quotations for the items listed in the Statement of Work below. Interested vendors may submit quotes for either of the facilities listed. Vendors must bid on all items for a particular facility (or facilities), or the quote will be deemed non-responsive and will not be considered for award. Individual contracts will be awarded for each facility.

Statement of Work for Milk and Dairy Products

1. OVERVIEW: The Contractor shall provide milk and dairy products to one or both* of the two (2) VA Medical Center facilities (hereafter referred to as the VA) located at the following locations:

Bath VA Medical Center 76 Veterans Avenue Bath, NY 14810

Canandaigua VA Medical Center 400 Fort Hill Avenue Canandaigua, NY 14424

* Interested vendors may submit quotes for either of the facilities listed above. Vendors must bid on all items for a particular facility (or facilities), or the quote will be deemed non-responsive and will not be considered for award.

The VA intends to award one firm-fixed-price contract for the provision of milk and dairy products for each of the two facilities, for a total of two contracts. The quantities listed in this Statement of Work are estimated requirements for the Nutrition & Food Services. The Contractor shall be a United States (US) Vendor and a US citizen.

2. SCOPE OF WORK:

A. General: The scope of this requirement involves providing milk and dairy products, which conform to the specifications outlined and referenced herein to the VA’s Nutrition & Food Service, located at the addresses shown in paragraph 1 above.

B. Quantities: The quantities listed in this Statement of Work represent the estimated quantities that will be ordered over the base period and two (2) one-year option periods. The actual quantity ordered may vary from this estimate but shall not exceed the total estimated quantity for the base and two (2) option years without the prior written approval of the Contracting Officer.

C. Period of Performance: The period of performance for the provision of milk and dairy products shall be a base period from November 01, 2024 [Estimated] through September 30, 2025, with the possibility of two (2) one-year option periods from October 01, 2025, through September 30, 2027. The decision to exercise one or more of the option years rests solely with the Government.

***Please provide pricing information on tables below***

D. The following items shall be delivered to the VA Medical Center, 76 Veterans Ave Bath NY 14810:

VAMC Bath, NY Base Year - November 1, 2024 [Estimated], through September 30, 2025

TOTAL AGGREGATE PRICE BASE PERIOD:

VAMC Bath, NY Option Year 1 - October 1, 2025, through September 30, 2026

TOTAL AGGREGATE PRICE OPTION YEAR 1:

VAMC Bath, NY Option Year 2 - October 1, 2026, through September 30, 2027

TOTAL AGGREGATE PRICE OPTION YEAR 2:

VAMC Bath Base Year November 1, 2024 [Estimated], through September 30, 2025, $

Option Year 1 October 1, 2025, through September 30, 2026, $

Option Year 2 October 1, 2026, through September 30, 2027, $

Total Aggregate Price Base + 2 one-year options $

E. The following items shall be delivered to the VA Medical Center, 800 Fort Hill Ave Canandaigua NY 14424:

VAMC CANANDAIGUA, NY Base Year - November 1, 2024 [Estimated], through September 30, 2025

TOTAL AGGREGATE PRICE BASE PERIOD:

VAMC CANANDAIGUA, NY Option Year 1 - October 1, 2025, through September 30, 2026

TOTAL AGGREGATE PRICE OPTION YEAR 1:

VAMC CANANDAIGUA, NY Option Year 2 - October 1, 2026, through September 30, 2027

TOTAL AGGREGATE PRICE OPTION YEAR 2:

VAMC CANANDAIGUA

Base Year November 1, 2024 [Estimated], through September 30, 2025, $

Option Year 1 October 1, 2025, through September 30, 2026, $

Option Year 2 October 1, 2026, through September 30, 2027, $

Total Aggregate Price Base + 2 one-year options $

EA – Each CS - Case

3. ALTERNATE ITEMS, PACKAGING, AND PACKING:

3.1. Offerors may propose alternate items, packaging, or packing. Offerors shall clearly indicate, in their offer, the quantity, packaging size, unit or other different features upon which the offer is submitted. Evaluation of the alternate item will be made against a common denominator (i.e., weight, package quantity, etc.). Offerors are reminded that the alternate item must meet all the requirements of the Government specifications.

3.2. Availability of requirements documents cited in the solicitation:

a) The GSA Index of Federal Specifications (FED), Standards and Commercial Item Descriptions (CID), FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to:

GSA

Federal Supply Service (Address)

b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph C2.2.(a) of this provision. Additional copies will be issued for a fee.

4. PRODUCT QUALITY AND FRESHNESS:

4.1. All milk shall be delivered to the requested destination no later than 72 hours after said milk is pasteurized. This requirement is in accordance with the CID Specification # A-A-200113, dated December 12, 1986. All milk and milk product items furnished under this contract shall be fresh and of the highest quality. Failure to comply with this condition will be considered grounds for contract default against the offeror.

4.2. The successful offeror shall furnish to the Technical Point of Contact and or the Contracting Officer the code or instructions to decipher the date on which the pasteurization process was completed. This information shall be furnished within five (5) days from award of the contract. Failure to comply with this condition will be considered grounds for contract default against the offeror.

4..3. All products furnished under this contract shall be processed and packed under sanitary conditions in strict accordance with guidelines provided by the U.S. Food and Drug Administration and the U.S. Department of Agriculture, using the best commercial practices that are standard for the industry. All containers shall be clean, sound, and securely covered or sealed to provide adequate protection from dirt, filth, or contamination.

4.4. Unless otherwise specified in the item specification or solicitation, marking shall be in accordance with best commercial practice.

4.5. Any commercial or additional labeling, as specified, which complies with the U.S. Food, Drug, and Cosmetic Act, and regulations promulgated there under, is acceptable.

4.6. Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Technical Point of Contact, in accordance with the Contracting Officer, will accept or reject the product.

4.7. Additional packaging, packing, and/or marking requirements can be found in the Addendum to 52.212-4, Contract Terms and Conditions–Commercial Products and Commercial Services.

5. DELIVERIES AND PERFORMANCE:

5.1. The Contracting Officer authorizes Medical Center personnel to place delivery orders for milk and dairy products listed in the schedule of pricing.

5.2. Orders shall be placed no less than 48 hours prior to required delivery date, upon delivery at the receiving location, items ordered shall be less than 24 hours old.

5.3. Deliveries shall be made between 8:00 a.m. and 10:00 a.m., local time, one day per week (per facility), as requested by the Technical Point of Contact or his/her designee, excluding Sundays and designated Federal Holidays.

5.4. Federal Holidays are as follows and include any other days specifically declared by the President of the United States to be a national holiday:

New Year’s Day

6. BRANCH FIRM:

If the orders are to be placed and delivery effected by a branch firm at other than the address given on page one, this firm and address with telephone number will be inserted below.

BRANCH FIRM FOR DELIVERIES TO __________________VAMC:

Name: _______________________________________

Address: _______________________________________

Telephone: _______________________________________

7. INSPECTION OF PLANTS:

7.1. All products furnished under the awarded contract shall be processed at plants that have been inspected by the Federal Government. Approved inspection reports of another VA Facility or other Federal Government agency will be accepted as satisfactory evidence that the facilities/plants meet these requirements, provided that the inspection was made not more than six (6) months prior to the proposed contract period (See Addendum to 52.212-3 for representations and certifications. The Contracting Officer or his/her designee reserves the right to make pre-award, on-site survey and inspection of the plant, personnel, equipment, and processes of the offeror. If the plant of the apparent low offeror does not meet specification or is not acceptable, the offer will be rejected.

7.2. INSPECTION OF PLANTS: An inspection may be made of the premises and employees of bidder, prior to making award, and conditions found will be considered in awarding the contract. Inspection may also be made at any time during the life of the contract and, if it is found that the contractor is not complying with specifications, deliveries will be rejected, and the products covered by this contract will be procured in the open market. Any excess cost occasioned by this action will be charged against the contractor’s account.

THE BIDDER CERTIFIES THAT: (check one)

(__) No agent of the Federal Government has conducted an inspection of the physical facilities of this plant within the last six months.

-OR-

(__) An inspection of the physical facilities of the plant was conducted by the:

__________________________________ on ________________________.

(Agency) (Date of inspection)

PLEASE PROVIDE COPY OF LAST INSPECTION REPORT WITH QUOTATION.

8. TECHNICAL POINT OF CONTACT:

The following individual is the Technical Point of Contact and is responsible for monitoring and certifying receipt of services rendered under these contracts:

Krista D. Jones Chief, Nutrition & Food Services Finger Lakes Health Care System 76 Veterans Ave Bath NY 14810

Krista D. Jones Chief, Nutrition & Food Services Finger Lakes Health Care System 400 Fort Hill Ave Canandaigua NY 14424

The contract period of performance shall be a base period from November 01, 2024 [Estimated] through September 30, 2025, with the possibility of two (2) one-year option periods from October 01, 2025, through September 30, 2027.

Delivery terms – FOB Destination.

Place of Performance/Place of Delivery Two (2) VA Medical Center facilities located in New York state. See section 1 of the Statement of Work for further details.

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” The following solicitation provisions are incorporated into the Addendum to FAR 52.212-1:

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

The following provision is incorporated into 52.212-1 as an addendum to this solicitation:

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits a quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold; or

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified. Quotes may be submitted on letterhead stationery, or as otherwise specified in the RFQ. As a minimum, quotes must show—

(1) The solicitation numbers.

(2) The time specified in the solicitation for receipt of quotations.

(3) The name, address, and telephone number of the quoter.

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

(5) Terms of any express warranty.

(6) Price and any discount terms.

(7) "Remit to" address, if different than mailing address.

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment Request for Quotation amendments.

(10) Past performance will not be considered in simplified acquisition procurements.

(11) Quote should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations and certifications, information requested in (1) to (9) and accept the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of Quotes. The quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during testing.

(e) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.

(f) Late submissions, revisions, and withdrawals of quotes.

(1) Quoters are responsible for submitting quotes so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer (CO) determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude a notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter’s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public’s best interest. The Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest priced quotation.

(h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(1) Availability of requirements documents cited in the solicitation.

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier (UEI). Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the contractor to be registered in the System for Award Management (SAM).) The quoter must enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoters name and address. The quoter also must enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the UEI. The suffix is assigned at the discretion of the quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the quoter does not have a UEI, it should contact the entity designated at www.sam.gov for UEI establishment directly to obtain one. The quoter should indicate that it is a quoter for a government contract when contacting the entity designated at www.sam.gov for establishing the UEI.

(k) [Reserved]

(l) Requests for information. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). However, quoters may request information on purchase order(s) resulting from this solicitation with the CO.

(End of Provision)

2. FAR 52.212-2, “Evaluation—Commercial Products and Commercial Services”

ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(a) Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(b) The following factors shall be used to evaluate quotations:

(1) Technical or Quality

(2) Past Performance

(3) Price

(c) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

(1) Technical or Quality: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

(2) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis.

(3) Price: The Government will evaluate the price by adding the total of all line-item prices, including all options. The Total Evaluated Price will be that sum.

(d) Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement.

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

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.

www.sam.gov registration is required to be complete at time of submission of response.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (NOV 2023)

The following clauses are incorporated into the Addendum to FAR 52.212-4:

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES (NOV 2021)

52.216-18 ORDERING (AUG 2020)

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

52.217-7 OPTIONS FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEVIATION)

852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020

852.246-71 REJECTED GOODS (OCT 2018)

852.247-71 DELIVERY LOCATION (OCT 2018)

852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (MAY 2024)

The following subparagraphs of FAR 52.212-5 are applicable:

(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:

(1) 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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 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).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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:

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

(5) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328).

(11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(12) 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).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(26) (i) 52.219-28, Post Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

(31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024)

(33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

(46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l)

(48)(i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(51) 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).

(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513)

(59) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

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

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

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

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

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

(xiv) 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.

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

(xvi) (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).

(xvii) 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).

(xviii) 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).

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

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

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

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

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

(xxiii) 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)

(xxivi) 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.

(xxv) 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.

(xxvi) 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 clause)

All quotes shall be sent to the Department of Veterans Affairs, Network Contracting Office 2 (NCO 2), Jonathan Kilgore, Contracting Officer at jonathan.kilgore@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.

Options will be evaluated at time of award.

The following are the decision factors:

(1) Technical – ability to provide all line items for a specific facility

(2) Past Performance

(3) Price

To evaluate past performance, the Government will review exclusion records in the System for Award Management.

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

Responses should contain your best terms, conditions.

See “FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)” on page 9 for Instructions to Offerors.

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."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of your response shall be received not later than October 23, 2024, at 4:00PM Eastern Standard Time at Jonathan.kilgore@va.gov.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

NOTE: Offerors must be registered and current in the System for Award Management (SAM) at https://www.sam.gov to be considered for award. Any offeror that submits a quote for the facility named above and is not registered in SAM will be considered ineligible.

All future information about this acquisition, including solicitation amendments, will be distributed through this site. Interested vendors are responsible for monitoring this site to insure they have the most-up-to-date information about this solicitation.

Payment will be made using electronic Funds Transfer (EFT).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Telephone calls will not be accepted.

Point of Contact Jonathan Kilgore, Contracting Officer, Jonathan.kilgore@va.gov