36C24721Q0516.docx

Contract Opportunity Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice S205 Waste Management and Collection Services Base and Options 29403-5799 36C24721Q0516 05-28-2021

15:00 PM

EASTERN TIME, NEW YORK, USA

N 562111 Department of Veterans Affairs Ralph H. Johnson VA Medical Center 109 Bee Street Charleston SC 29403-5799 Thomas Nicholls Thomas.Nicholls@va.gov Charleston VA Medical Center Ralph H. Johnson VA Medical Center 109 Bee St.

Charleston, SC 29401

General Information

Contracting Office Address

VISN 07

Network Contracting Office 7 325 Folly Rd Charleston SC 29412

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” 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 2021-05 effective March 10, 2021.

The associated North American Industrial Classification System (NAICS) code for this procurement is 562111 - S205 | Housing-Trash/Garbage Collection, with a small business size standard of $41.5 Million.

The FSC/PSC is S205- Housing-Trash/Garbage Collection.

The Ralph H. Johnson VA Medical Center is seeking to purchase waste management and collection services IAW with the Performance Work Statement detailed below.

PERFORMANCE WORK STATEMENT

WASTE MANAGEMENT AND COLLECTION SERVICES

DESCRIPTION OF SERVICES

The Contractor will provide all labor, supervision, tools, equipment, vehicles, facilities, and other items as required to provide the Ralph H. Johnson VA Medical Center (RHJVAMC) with waste management and collection services. This will include collection and transport of waste, waste segregation and manifest reporting, and disposal or recycling of waste. The Contractor must own, operate, and/or lease facilities necessary to perform services described. For the purpose of this statement of work (SOW), waste will refer only to non-hazardous waste.

PERIOD OF PERFORMANCE

This contract will be awarded as a Firm Fixed Price contract with a Base Year plus four (4) option years. The base contract period is one (1) year from date of contract award, with four (4) one-year optional periods that may be exercised at the discretion of RHJVAMC Environmental Management Service (EMS).

PLACE OF PERFORMANCE

Ralph H. Johnson VAMC 109 Bee Street Charleston, SC 29401

SCOPE

1. WASTE

RHJVAMC anticipates five hundred (500) tons of waste, annually. This is an estimated quantity for information only, and the exact quantity may increase or decrease in accordance with RHJVAMC waste accumulation. The Contractor is obligated to remove any additional accumulations.

2. WASTE COLLECTION

a. Container.

The Contractor will provide and maintain one (1) Government-approved, fire retardant, thirty (30) cubic yard container with a drain plug and ‘CONSTRUCTION DEBRIS ONLY’ label. A container must be available on RHJVAMC property at all times for the duration of the contract. The container will be located at the Loading Bay of the hospital.

Exchange of the container for replacement or sanitization will be scheduled with the COR. If emergency exchange is requested by the COR, Contractor will be given twenty-four (24) hours’ notice.

b. Scheduling.

The Contractor will collect the container and deliver a new container four (4) business days per week, excluding Federal Holidays, between 7:00am and 4:00pm. In addition to scheduled waste collection, the Contractor will provide unscheduled collection at the request of the COR, within twenty-four (24) hours of notification.

Contractor shall provide a waste collection schedule with established vehicle routes as a component of their technical proposal for approval by the COR, no later than ten (10) business days prior to start of performance. The schedule will establish vehicle routes entering and exiting RHJVAMC and the days and times of waste collection. No changes may be made to the approved schedule without approval from the COR.

The Contractor will notify the COR of any conditions that may interrupt the established schedule of performance and will coordinate with the COR. The Contractor shall provide a contingency plan for pick-up in the event of a natural disaster (hurricanes, tropical storms, etc.).

The Government reserves the right to order all Contractor personnel off site with no prior notice in the event of an emergent situation. Emergency situations will be defined by the COR.

c. Collection.

After a container is collected, a new, empty container will be placed in the same location in an upright position. The Contractor will be responsible for keeping the collection area (10ft. around the container) clean and free of any debris or spills that result from changing containers. The Contractor will immediately address any spills and/or debris on RHJVAMC property that occur as a result of waste collection.

Once Contractor accepts delivery and takes possession and control of waste, risk of loss and all other incidents of ownership will pass to the Contractor.

3. RECEIVING, PROCESSING, RECYCLING, AND DISPOSAL

a. Receiving and Processing.

The Contractor will maintain a receiving and/or processing facility for the duration of this contract.

The Contractor will weigh each container as it enters the facility. The Contractor will provide a certificate weighing system to ensure accurate records for poundage of waste disposed. All containers used in waste collection will be weighed on state certified vehicle scales at the landfill or at the Contractor’s facility. Incoming and outgoing container weights will be documented by the operator at the weigh station and submitted to the COR monthly. Weight ticket will include date of collection, description of container, and weight.

All collected waste will be sorted into the following waste streams:

(1) Waste to be disposed via landfill; and

(2) Waste to be diverted from landfill for recycling.

Once sorted, each waste stream will be weighed individually, and tonnage will be recorded. Waste stream information will be provided monthly to the COR, and will include, at minimum, the following:

(1) Waste stream destination;

(2) Name of waste material; and

(3) Weight generated for each waste stream.

The Contractor will not commingle waste collected from any other source with that of RHJVAMC prior to sorting, weighing, and documenting RHJVAMC waste.

b. Recycling.

The Contractor will utilize all reasonable means to divert waste from landfills and salvage and recycle all appropriate waste. At a minimum, the following waste categories will be diverted from landfills:

(1) Clean dimensional wood and palette wood;

(2) Green waste (biodegradable landscaping materials);

(3) Engineered wood products (plywood, particle board, I-joists, etc.);

(4) Metal products (steel, wire, copper, etc.);

(5) Insulation;

(6) Paint;

(7) Gypsum board;

(8) Plastics (e.g., ABS, PVC);

(9) Fluorescent lamps;

(10) Bitumen roofing materials;

(11) Carpet and/or pad;

(12) Cardboard, paper, and packaging; and

(13) Inerts (concrete, masonry, and asphalt).

The Contractor will ensure all recyclable waste is delivered to appropriate recyclables processing facility. The Contractor will document the total tonnage of waste that is diverted for recycling to be included in their manifest. Manifests from the facility accepting the recyclable waste will be required for all diverted waste.

c. Disposal.

The Contractor will be required to dispose of waste in a manner that does not cause detrimental conditions to public health. The Contractor will assume full responsibility for compliance with all Federal, state, city, and county laws, rules, and regulations governing landfill disposal of waste materials. The Contractor will document the total tonnage of waste that is sent to a landfill.

d. Manifest.

The Contractor must provide monthly waste manifest(s) to the COR. At minimum, the waste manifest must include dates, facilities, recorded weights for each waste stream, and amount diverted from landfill. Recycling manifest(s) must also be provided for all waste diverted for recycling and must include dates, facilities, recorded weights, and must be signed by the receiving recycling facility. Both manifests (waste and recycling) must be provided in order to satisfy this requirement. Provided in Table 1, Waste Manifest Log, is an example of what should be submitted monthly to the COR. The Contractor may utilize this template.

4. TRAINING REQUIREMENTS

The Contractor shall ensure that all employees are qualified to operate equipment and will provide documentation of qualifications and/or training to the COR no later than ten (10) business days prior to start of performance.

5. RESPONSE TIMES AND TELEPHONE SUPPORT

The Contractor will adhere to the response times indicated in this SOW.

For non-emergency services, the Contractor will provide a verbal response within two (2) hours of notification from the COR and will provide on-site service and/or repair within twenty-four (24) hours. For emergency services, the Contractor will provide a verbal response within one (1) hour of notification from the COR and will provide on-site response within four (4) hours. The classification of non-emergency and emergency will be made at the discretion of the COR.

The Contractor will be available for consultation by telephone twenty-four (24) hours a day, seven (7) days a week.

6. QUALITY CONTROL PROGRAM

The Contractor will have a Quality Control Program to ensure that the requirements of this contract are provided as specified. A copy of the Contractor’s detailed, written program will be provided for review by the COR 15 days after contract award effective date. Subsequent changes to the approved program must be reviewed and agreed upon by the COR and Contracting Officer. The program will include, but not be limited to, the following:

(1) A method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

(2) A file of all quality control inspections, inspection results, and any corrective action required will be maintained by the Contractor for the duration of the contract. This file will be available to the COR upon request.

(3) Performance Evaluation Meetings where the Contractor will meet with the COR at least once every quarter (at least 4 times per year).

7. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

This QASP has been developed to aid the COR in providing surveillance of all aspects of the waste management and collection services. This plan sets forth the procedures and guidelines RHJVAMC will use to ensure required performance standards are achieved by the Contractor. This plan provides for monitoring all contract requirements through sampling guides, customer complaint surveillance guides, and surveillance activity checklists.

a. Methods.

The primary method of surveillance will be done through monthly checklist. Tasks not surveyed by checklist will be evaluated through observation and/or customer complaint. This plan contains the monthly checklist that will be used to record information and customer complaint guide. Checklists are provided for recording observations in this surveillance plan.

b. How to Use the Surveillance Plan.

The maximum allowable degree of deviation from perfect performance for each requirement allowed by the Government before contract performance is considered unsatisfactory, known as the AQL, represents the level of service and quality required to maintain satisfactory standing. The observations and discrepancies documented at the end of each month will be compared to the AQL(s) in the Performance Requirements Summary. Any errors detected during surveillance, even if not sufficient to render the service unsatisfactory, will require corrective action by the Contractor. Errors detected by the COR or designated representative in the course of surveillance will be communicated to the Contractor within 1 business day. Specifics concerning any error will be recorded on the checklist. The Contractor will initial this record, and provide it to the COR.

c. Performance Requirements Summary.

The Contractor is required to perform all work specified in this SOW. If the Contractor fails to perform a specific element of the work, payments for the task in question will be subject to reductions as specified. Any amount deducted for deviation from the required performance will be reflected in an amount commensurate with the task.

The Performance Requirements Summary lists the contract requirements considered most critical to acceptable contract performance. The chart below defines the maximum allowable degree of deviation from perfect performance for each requirement that will be allowed by the Government before contract performance is considered unsatisfactory (AQL), the percentages of the major elements of the contract price that each listed contract requirement represents, and the procedure the Government will use to reduce the Contractor’s monthly payment if satisfactory performance is not rendered. If reduced, Contractor cannot ‘earn back’ the lest pay amount.

If the ‘Not to Exceed’ (NTE) limit is reached for any performance standard, the Contractor will incur an additional fee of 10% of the monthly bill. If performance in any of the specified categories’ is not fully corrected in the following month, RHJVAMC reserves the right to cancel the contract on the basis of non-performance.

If performance of these required services is determined unsatisfactory for the period of surveillance, and poor performance is the fault of the Contractor, an amount of money up to the percentage cost of the service, as stated in the fifth column of the Performance Requirements Summary, will be withheld. Monthly payments to the Contractor will be reduced for unsatisfactory performance using the following method:

Example Per Discrepancy:

IF: Waste collection is not completed on schedule, for a 3rd time. (Contractor is allowed 2 discrepancies per year.)

Deduction percentage is 2% for each discrepancy over 2, not to exceed 6%.

8. GENERAL REQUIREMENTS

a. Changes to the Statement of Work.

Any changes to the SOW will be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be maintained in a project folder, along with all other documents related to the project. Costs incurred by the Contractor through any action of parties, other than the Contracting Officer, will be the responsibility of the Contractor.

b. Reporting Requirements.

The Contractor will maintain all necessary licenses and/or permits required to fulfill the contract. The Contractor will provide the Contracting Officer with a copy of any licenses, permits, and/or documentation required.

c. Travel.

The Contractor is responsible for any and all travel and/or per diem. All pick-up and drop-off will be conducted at the facility:

Ralph H. Johnson VAMC 109 Bee Street Charleston, SC 29401

All disposal and recycling will be conducted at the Contractor’s designated facilities.

d. Government Responsibilities.

RHJVAMC will grant the Contractor permission to perform site visits at RHJVAMC – 109 Bee Street, Charleston, SC only.

RHJVAMC will grant the Contractor facility access deemed necessary to provide the services required under this contract, Monday through Friday from 7:00am to 4:00pm, excluding Federal Holidays.

RHJVAMC will provide space for the Contractor to supply the approved container on the property.

e. Contractor Experience Requirements.

The Contractor will be an authorized provider of the services specified. The Contractor will provide written verification of the competency of their personnel and a list of credentials of approved personnel for placement at RHJVAMC. This information will be required when quotes are submitted and may be used during evaluations in determining contract award.

The Contractor will have experience in waste management and customer service.

The Contractor will follow standard operating procedures for all aspects described in this SOW.

f. Contracting Officer’s Representative.

The RHJVAMC representative of the Contracting Office will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work to be performed under this contract. Delegation of Authority letter(s) will be forwarded to the Contractor after an agreement has been signed, identifying the individual(s) as the COR(s). All authorized representatives of RHJVAMC to order services and/or accept and reject services performed will be delegated as COR(s). This designation will be furnished in writing to the Contractor prior to commencement of the contract. No service may be provided without the approval of the COR(s).

g. Contractor Personnel Security Requirements.

It is agreed that:

All personnel will provide any and all required and/or requested documentation to gain access at RHJVAMC.

All personnel will need to register and login at the Blue kiosk, located in the 2nd floor elevator lobby, prior to conducting work on the premises.

The Contractor will receive any necessary access badges for the facility and/or be escorted during site visits by a RHJVAMC employee.

No photography on RHJVAMC premises is allowed.

h. Confidentiality and Non-Disclosure.

It is agreed that:

The preliminary and final deliverables, and all associated working papers, application source code, and other materials deemed relevant by RHJVAMC which have been generated by the Contractor in the performance of this task order, are the exclusive property of the US Government and will be submitted to the Contracting Officer within 30 days. At the conclusion of the task order, all submittals will be audited by RHJVAMC in conjunction with the Contractor.

The Contracting Officer will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, or final deliverables pertaining to this task order. No information will be released by the Contractor.

Press releases, marketing material, or any other printed or electronic documentation related to this project will not be publicized without the written approval of the Contracting Officer.

All interested companies shall provide quotations for the following:

Total Contract Price:

Place of Performance/Place of Delivery

Ralph H. Johnson VA Medical Center

Charleston, SC 29401

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 Items (JUNE 2020)

2. FAR 52.212-3, Offerors Representations and Certifications–Commercial Items (OCT 2014)

3. FAR 52.204-7 System for Award Management (OCT 2018)

4. FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

5. FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

6. FAR 52.217-5 Evaluation of Options (JUL 1990)

7. FAR 52.233-2 Service of Protest (SEPT 2006) 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 Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (Oct 2018)

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (Jan 2021)

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (OCT 2018)

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (JUL 2020)

· 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

· 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

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 items:

(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 and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items:

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) 52.204-14, Service Contract Reporting Requirements (OCT 2016) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8, Utilization of Small Business Concerns 52.219-28, Post Award Small Business Program Representation (NOV 2020) 52.222-3, Convict Labor (JUN 2003) 52.222-26, Equal Opportunity (SEP 2016) 52.222-35, Equal Opportunity for Veterans (JUN 2020) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37, Employment Reports on Veterans (JUN 2020) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50, Combating Trafficking in Persons (OCT 2020) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) 52.222-41, Service Contract Labor Standards (AUG 2018) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(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 dispute’s 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 items. 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 (JUN 2020) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.

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

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

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

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

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

(xi) 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.

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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. 2302 Note)

(xxi) 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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS

(a) North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

(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 FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, 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 quotations. 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 quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions

(1) Quoters are responsible for submitting quotations 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 quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer 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 quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations 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. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. 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.

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

(1) (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/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(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) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding the Micro-Purchase Threshold (MPT), and quotations of MPT or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(k) [Reserved].

(l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

Submission of Quotes:

(1) Quotes shall be received on or before the date and time specified in the COMBO. Note: Offers received after the due date and time shall not be considered.

(2) Offerors shall submit their quotes electronically via email to Contract Specialist, Thomas.Nicholls@va.gov by May 28, 2021 at 3:00pm EST.

(3) Questions: Questions shall be submitted to the Contracting Officer in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is May 14, 2021 @ 3:00pm EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

(4) Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

(5) Ensure your representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, you will need to fill out solicitation Clause 52.212-3 "Offeror Representation and Certifications -Commercial Items” and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation.

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.

Addendum to 52.212-2, Evaluation Evaluation Process:

Award will be made to the best value, as determined to be the most beneficial to the Government. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process.

Offeror quotes shall be evaluated under FAR Part 13.106-2(b) -- Evaluation of Quotations or Offers. Therefore, the Government will not determine a competitive range, conduct discussions with contractors, solicit final revised quotes, and use other techniques associated with FAR Part 15. Comparative evaluations of quotes will be conducted.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factor(s) shall be used to evaluate offers:

1. Price (Follow these instructions):

0. Offeror will complete the Price Schedule, with offerors proposed contract line item prices inserted in appropriate spaces. Firm, fixed pricing for each line item is required.

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.

Point of Contact Questions must be submitted NO LATER THAN May 14th, 2021 @ 8:00 A.M. EST. Questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist, Thomas.Nicholls@va.gov. No phone call shall be accepted.

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