36C24624Q0040_2.docx

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R706--Warehouse Space and Support Federal contract opportunity
Solicitation number
36C24624Q0040
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 6

About this file

This request for quote solicits warehouse space and support services. The Department of Veterans Affairs seeks a contractor to provide full-service warehouse operations including receiving, inventory management, and order fulfillment for medical supplies and equipment at a facility located within 50 miles of a health care center in Chesapeake, Virginia. The base period of performance is one year with four one-year option periods. Offerors must be verified as a Service-Disabled Veteran-Owned Small Business and quotes are due by January 10, 2024. Technical factors for evaluation include the offeror's technical approach and past performance. Pricing will also be evaluated for reasonableness.

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ATTACHMENT A - Example of Items to be stored.docx DOCX document

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36C24624Q0040

RFQ 36C24624Q0040

WAREHOUSE SPACE AND SUPPORT

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24624Q0040 12-27-2023 Diane Stoskopf 757-728-3449 01-10-2024 3:30 pm

EST

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 561210 $47 Million N/A X SERVICE - See Schedule

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667

Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page Warehouse support for the Health Care Center 1 (HCC 1), 736 N Battlefield Blvd, Chesapeake, VA 23320.

This requirement is set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB). All Offerors must be verifie SDVOSB at https://veterans.certify.sba.gov/ at time of quote submission and at time of award.

Clause 852.219-75 must be completed and submitted with quote See CONTINUATION Page X X X Table of Contents

SECTION A2
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES2
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
SCHEDULE OF SERVICES5
B.3 PERFORMANCE WORK STATEMENT (PWS)7
A.3 SPECIAL CONTRACT REQUIREMENTS12
SECTION C - CONTRACT CLAUSES17
C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)17
C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)17
C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)17
C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)20
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)22
C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)23
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)24
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS33
D.1 WAGE DETERMINATION33
D.2 ATTACHMENT A – List of possible equipment/supplies33
D.3 ATTACHMENT B – Quality Assurance Surveillance Plan (QASP)33
SECTION E - SOLICITATION PROVISIONS34
E.1 INSTRUCTIONS TO OFFERORS34
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)37
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)40
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)41
E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)41
E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)42
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)43

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

SCHEDULE OF SERVICES

Contractor shall provide the facility, labor, materials, and equipment necessary to Provide full-service warehouse support for the HCC 1, 736 N Battlefield Blvd, Chesapeake, VA 23220 in accordance with the terms and conditions herein.

BASE YEAR – 18 March 2024 through 17 March 2025 NAICS 56210 / FSC R706

CLIN
DESCRIPTION
EST QTY
UNIT
UNIT

PRICE

TOTAL EST

PRICE

0001
Warehousing support for HCC 1, 736 N Battlefield Blvd, Chesapeake, VA 23320 in accordance with the Performance Work Statement in B.3 below.
12
mo
$
$
0002
Transfer of equipment/supplies from HHC 1, 736 N Battlefield Blvd, Chesapeake, VA 23320 to Contractors facility
1
jb
$
$
TOTAL BASE YEAR PRICE
$

OPTION YEAR 1 – 18 March 2025 through 17 March 2026 NAICS 56210 / FSC R706

CLIN
DESCRIPTION
EST QTY
UNIT
UNIT

PRICE

TOTAL EST

PRICE

1001
Warehousing support for HCC 1, 736 N Battlefield Blvd, Chesapeake, VA 23320 in accordance with the Performance Work Statement in B.3 below.
12
mo
$
$
TOTAL EST OY 1 COST:
$

OPTION YEAR 2 – 18 March 2026 through 17 March 2027 NAICS 56210 / FSC R706

CLIN
DESCRIPTION
EST QTY
UNIT
UNIT

PRICE

TOTAL EST

PRICE

2001
Warehousing support for HCC 1, 736 N Battlefield Blvd, Chesapeake, VA 23320 in accordance with the Performance Work Statement in B.3 below.
12
mo
$
$
TOTAL EST OY 2 COST:
$

OPTION YEAR 3 – 18 March 2027 through 17 March 2028 NAICS 56210 / FSC R706

CLIN
DESCRIPTION
EST QTY
UNIT
UNIT

PRICE

TOTAL EST

PRICE

3001
Warehousing support for HCC 1, 736 N Battlefield Blvd, Chesapeake, VA 23320 in accordance with the Performance Work Statement in B.3 below.
12
mo
$
$
TOTAL EST OY 3 COST:
$

OPTION YEAR 4 – 18 March 2028 through 17 March 2029 NAICS 56210 / FSC R706

CLIN
DESCRIPTION
QTY
UNIT
UNIT

PRICE

TOTAL

PRICE

4001
Warehousing support for HCC 1, 736 N Battlefield Blvd, Chesapeake, VA 23320 in accordance with the Performance Work Statement in B.3 below.
12
mo
$
$
TOTAL EST OY 4 COST:
$

TOTAL ESTIMATED COST (BASE PLUS OPTIONS): $___________________

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. BACKGROUND

The Veterans Health Administration (VHA) VISN6 Network requires warehousing support services to supplement existing capacity existing warehouse.

2. SCOPE OF WORK

2.1. The contract is to provide the VHA with all warehousing services necessary and ensure continuity of access to, and delivery of, VA procured healthcare supplies (including Personal Protection Equipment [PPE], such as masks, isolation gowns, etc.) to Veterans. The Contractor is to safeguard all government healthcare supplies and equipment that may be housed in the Contractor location.

2.2. In support of this initiative, the contractor shall provide a full range of logistical support services and warehouse operations such as receiving, inventory management, staging for pick-up. The Contractor shall receive, oversee, process, store, and repackage property if needed (e.g. medical supplies and equipment). Contractor shall un-package, store, repackage, and prepare for pick-up as requested. All deliveries will be inspected and accepted by VA employee prior to storage in contractor facility. The VA COR or designee will visit the contractor facility on a minimum monthly basis to perform physical inspection and acceptance of deliveries. Contractor shall prepare medical/surgical supplies for pick-up by VA Personal/COR. On call pick-ups will be scheduled at least twenty-four (24) hours in advance of the next business day. All supplies will be received by the VA, inspected and then transported to the Contractor Warehouse by VA Personnel.

2.3. The warehouse facility shall be owned or leased by the contractor and shall be located within a 50-mile driving distance from the Health Care Center One (HCC1), 736 N Battlefield Blvd, Chesapeake, VA 23320. The Contractor shall have one or more storage facilities sufficient to contain VA items in secure and climate-controlled conditions that will preserve the operability of the items stored.

2.4. Contractor shall comply with all applicable Federal, State, local and industry safety, i.e., OSHA, Department of Labor (DOL), and health standards, regulations and statutes pertaining to the operation of the warehouse and/or distribution of commodities, including healthcare supplies, identified herein. The facility must be kept clean and uncluttered (i.e. no visible dust on products), cleaned at least once weekly to avoid contamination. VA equipment is to be wrapped with stretch wrap and covered for protection against damage. Contractor is to manage pest control; the facility is to remain free of insects, rodents, and other vermin.

2.5. Contractor's facility shall meet all industry standards for fire alarms and suppression systems for the commodities being warehoused. Facility shall also have individual 24/7 monitored alarm access and shall comply in accordance with the Code of Federal Regulations (CFR) Title 21, to maintain inventory in controlled warehouse storage.

2.6. VA Medical/Surgical Supplies/equipment shall be segregated by a cage or other defining material for quick identification purposes. (This can be done by electronic or automated methods instead of physical cages. If done electronically, the segregation must be done so that VISN Medical Supplies/Equipment must be easily identified and not contaminated.). Supplies shall be stored at a temperature-controlled environment. Storage locations must be a stable environment without extreme changes in temperature and humidity. The facility monitoring must be able to report out-of-range events. The method of monitoring must be able to be investigated whether electronic or manual monitoring. Items stored within these locations must comply with temperature and humidity requirements in accordance with manufacturer specifications. At a minimum, supply storage areas must meet the following specifications: Relative Humidity < 75 %, Temperature 64 – 78 degrees Fahrenheit.

2.7. At the beginning of the contract the Contractor shall be responsible for moving VA identified supplies at its current contractor’s location HHC 1, 736 N Battlefield Blvd, Chesapeake, VA 23320 to the Contractor’s warehouse space. Supplies/equipment shall be moved within five (5) days from award of contract.

2.8. Contractor shall be able and capable to receive and process up to 24 pallets Monday through Friday. To properly receive and prepare for pick-up of items the Contractor’s facility must have a functional receiving dock. Deliveries shall incorporate sufficient packing to comply with all applicable federal and/or state standards relating to shipment of these products. Transportation vehicle used to deliver products should complement the dock configuration so products are off-loaded efficiently, and products removed from the truck/transportation vehicle by the contractor with contractor material handling equipment; no government furnished equipment will be provided.

2.9. At the request of the VA, supplies and equipment may be available via will call. Will call orders may be picked up by government employees identified by the VA COR.

2.10. Contractor shall maintain an electronic database of all merchandise stored and cross reference this data with VA IFCAP/IMF (Item Master File) numbers. Information shall contain item description, stock number, case quantities on hand, packaging multiples, vendor information, quantity per pallet, pallet count and expiration dates. Contractor shall provide and maintain an up-to-date web-based inventory management system that can be accessed by key VA personnel. The web-based inventory system is subject to the approval of the VA and must comply with all federal and VA IT policies and requirements. For example, it must have a username and password protection.

2.11. Contractor shall provide an electronic mechanism to request all medical/surgical supplies/ equipment for usage at VA VISN6. This tool is also subject to the approval of the VA and must comply with all federal and VA IT policies and requirements.

2.12. Access Control Log: All individuals (contractor personnel or VA Employee) are to sign-in and sign-out when accessing space where VA supplies or equipment are stored. A copy of the log is to be provided to the COR on a monthly basis. Log is to be made available on demand if requested.

2.13. Contractor shall provide full access for VA personnel for warehouse inspection during normal business hours (8:00AM - 4:30PM, Monday - Friday). In addition, access via individual keyed entry to the supply/products shall be available 24/7. If emergency access is required, the VA will ensure appropriate communication will take place with the contractor.

2.14. Examples of types of Medical/Surgical supplies/devices/equipment – See Attachment A

2.15. Contractor shall provide complete warehouse management services for an average of 25 pallets, with expansion capabilities up to a maximum of 50 pallets. A standard pallet is 40x48 inches, with a maximum height of 7 feet (approximately 86.5 cubic feet per pallet). See Attachment A for the list of current supplies and units to be relocated and stored at contractor facility.

2.15.1. All non-palletized items (i.e. beds) will be converted to a pallet number (i.e. one (1) bed equals two (2) pallets) to stay within the storage space requirements.

3. PERFORMANCE PERIOD

Period of performance will be for a base and four option years as follows:

Base Year – 18 March 2024 through 17 March 2025 Option Year 1 - 18 March 2025 through 17 March 2026 Option Year 2 - 18 March 2026 through 17 March 2027 Option Year 3 - 18 March 2027 through 17 March 2028 Option Year 4 – 18 March 2028 through 17 March 2029

4. PLACE OF PERFORMANCE

Tasks under this contract shall be performed at Contractor Facility. VA Staff will call or VA Staff Coordinated Deliveries and Pick-up of Supplies and Equipment will be conducted by VA Staff. Outside of the initial start of the contract the Contractor will not be required to transport any supplies or equipment.

5. KICKOFF MEETING

5.1. The Government will host a kickoff meeting within three (3) business days after contract award (if required).

6. TASKS AND DELIVERABLES

The Contractor shall perform the Tasks contained herein. The Contractor shall provide all labor resources necessary to accomplish the deliverables described herein.

6.1. WAREHOUSE OPERATIONS SUPPORT

Contractor shall provide the following warehouse operations support.

6.1.1. RISKS ASSET MANAGEMENT

The Contractor shall provide Receipt, Inventory and Integration support using multiple asset management processes and systems, as required.

6.1.2. RECEIPT

6.1.2.1. Review accuracy of all assets delivered to warehouse are in accordance with approved invoice or associated Bill of Lading, including verification of asset counts.

6.1.2.2. Inspect deliveries for damages, document condition upon receipt and notify COR of any discrepancies.

6.1.3. INVENTORY

6.1.4. Track all packages from receipt to pick-up.

6.1.5. Enter inventory into inventory system to ensure that inventory is managed and tracked.

6.1.6. Initiate inventory within the contractor web-based inventory management system described in 2.11.

6.1.7. INTEGRATION

6.1.7.1. Store assets and ability to quickly retrieve stored assets upon request.

6.1.7.2. Capture assets by pallet and rack location within the designated staging facility.

6.1.7.3. Verify assets using inventories and inventory verification processes.

6.1.8. SHIPPING/DELIVERY

6.1.8.1. Provide safety measures to aid in limiting the spread of COVID-19.

6.1.8.2. Provide detailed inventory lists and enable supply transactions.

6.1.9. INSPECTION

6.1.9.1. Regular Inspection and Maintenance: The Contractor shall regularly inspect and maintain stored VA items in accordance with manufacturers’ requirements.

6.2. INFORMATION DESK

6.2.1. Acknowledge all information flowing in and out of the warehouse.

6.2.2. Track all inbound shipment notices, alert warehouse personnel, and track pick-up status.

6.2.3. Maintain Access Control Log.

7. MANAGEMENT PLAN, SAFETY PLAN, AND COVID-19 BREAKOUT PLAN

7.1. The Contractor's General Management Plan, Warehouse COVID-19 Safety Plan, and COVID-19 Warehouse Breakout Safety Response, as presented in its proposal, will be incorporated as part of the contract award and implemented upon award.

8. DRESS CODE

8.1. Contractor shall maintain a neat and professional appearance including good personal hygiene. Facial hair must be neat and trimmed and shall not impede safety attire application. All contractors are required to wear designated safety apparel per National and State guidance within the facility until otherwise directed. All contractors shall wear closed toed shoes and safety attire as required in performance of warehouse operations.

9. SCHEDULE FOR DELIVERABLES

Note: Deliverables with due dates falling on a weekend or holiday shall be submitted the following Government workday after the weekend or holiday unless an emergency delivery is requested.

Task #
Deliverable Number
Deliverable Description
Final Due Date
6.1
001
Daily Inbound/Outbound Report
Daily
6.1.
002
Weekly On-hand Status Report
Every Friday by COB.
6.1
003
Report of product inventory with expiration dates
Monthly by last day of the month
6.1
004
Stock rotation report
Quarterly by last day of the QTR
6.1
005
Environmental Monitors Report- to include at a minimum temperature, humidity, pest control, cleaning
Monthly by the 5th of the Month
6.1
006
Discrepancy/Damaged Goods Report
Daily

10. METHOD AND DISTRIBUTION OF DELIVERABLES

10.1. The Contractor shall deliver documentation in electronic format, unless otherwise directed.

11. CONTRACTOR PERSONNEL SECURITY

11.1. The Contractor shall provide all material handling equipment training for their employees required to perform the tasks identified herein

11.2. The Contractor shall be responsible for obtaining all necessary permits and licenses, and for complying with all applicable federal, state and municipal laws and regulations.

11.3. The contractor shall comply with all Privacy Act regulations related to personally identifiable information (PII). http://www.privacy.va.gov/Privacy Resources.asp.

11.4. The contractor shall be able to read, write, speak and understand the English language.

12. CONTRACTOR PERSONNEL NON-SECURITY REQUIREMENTS

12.1. Contractor personnel shall always wear visible identification while they are on the premises.

12.2. Smoking is prohibited inside/outside any building other than the designated smoking areas.

12.3. Possession of weapons is prohibited except for those personnel designated by the Contractor (e.g. Security Guards) to ensure safety of personnel and materials.

12.4. Contractor will maintain physical security of the warehouse facilities housing the activities performed under this contract. The contractor will ensure that only authorized personnel are allowed access to the facility. The contractor will ensure that only authorized personnel have access to VA property and equipment. The contractor will ensure that security procedures are defined and enforced.

13. NON-PERSONAL SERVICES CONTRACT

13.1. This contract is a non-personal services contract as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor's employees and subcontractors:

13.1.1. shall perform the services specified herein as independent contractors, not as employees of the government.

13.1.2. shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

13.1.3. shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

13.1.4. shall, pursuant to the government's right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer, as is necessary to ensure accomplishment of the contract objectives.

14. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

14.1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 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.

14.2. 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.

14.3. 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.

14.4. 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.

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

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

14.7. 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.

14.8. 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.].

14.9. 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.

14.10. 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.

A.3 SPECIAL CONTRACT REQUIREMENTS

1. SERVICE CONTRACT LABOR STANDARDS (SCLS): The solicitation and subsequent contact include FAR 52.222-41, Service Contract Labor Standards (SCLS). The Offeror and resultant contract awardee, by signing the offer and contract, is acknowledging they have reviewed the clause and will fully comply throughout the contract period. It is the responsibility of the Contractor to determine and pay the appropriate prevailing wage rate and fringe benefits for the location. The Government will not be held responsible for any mistakes in applying the SCLS.

VA reminds contractors of the Department of Labor Regulations which implement the SCLS and which read at 29 CFR § 4.155:

Employee coverage does not depend on form of employment contract. The Act, in section 8(b), makes it plain that the coverage of service employees depends on whether their work for the contractor or subcontractor on a covered contract is that of a service employee as defined in section 8(b) and not on any contractual relationship that may be alleged to exist between the contractor or subcontractor and such persons. In other words, any person, except those discussed in §4.156 below, who performs work called for by a contract or that portion of a contract subject to the Act is, per se, a service employee. Thus, for example, a person's status as an “owner-operator” or an “independent contractor” is immaterial in determining coverage under the Act and all such persons performing the work of service employees must be compensated in accordance with the Act's requirements.

2. NO SMOKING

Per VHA Directive 1085 Dated 3/15/19 All VA Health Care Facilities shall be smoke free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.

3. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

4. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

5. HOURS OF OPERATION

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours are Monday through Friday, 8:00am-4:30pm, excluding federal holidays which are as follows:

New Year’s DayBirthday of Martin Luther King, Jr Washington’s Birthday
Memorial DayJuneteenthIndependence Day
Labor DayColumbus DayVeterans Day
Thanksgiving DayChristmas Day

Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

6. BILLING AND PAYMENT

Contractor shall submit invoice monthly via payment request in electronic form via VA’s Electronic Invoice Presentment and Payment system https://authentication.tungsten-network.com/login. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:

• Date of invoice

• Invoice number

• Contract number

• Obligation number

• Vendor name

• CLIN and dates of service

7. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.

The Contracting Officer’s Representative (COR) shall be responsible for the overall technical administration of this contract.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

POINT OF CONTACT

Contracting Officer (CO) Diane Stoskopf / 757-728-3449 / diane.stoskopf@va.gov

Contracting Officer’s Representative (COR)

TBD

8. Basic Integrity and Compliance Awareness Training for all Non-Revenue Staff, TMS Course #43790 shall be completed by contractor prior to access to any facility within VISN 6. Contractor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Integrity & Compliance Officer.

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to expiration of contract.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to expiration of contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if…

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