36C24821Q0430 updated.docx

36C24821Q0345 This is a combined synopsis/solicitation for commercial services/items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This combined synopsis/solicitation is issued as a Request for Quote (RFQ) 36C24821Q0430.

Submit written quotes in accordance with Addendum to FAR 52.212-1, Instruction to Offerors outlined in this solicitation. Oral quotes will not be accepted. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC_2021-03 / 2-16-2021. North American Industrial Classification Standard (NAICS) 492110, Couriers and Express Delivery Services, with a Size Standard of 1500 Employees, applies to this procurement.

Miami VA Healthcare System intends to award a single firm fixed price contract for Courier Service.

This procurement is a 100% Total Veteran Owned Small Business (VOSB) Set-Aside and all eligible quoters are encouraged to submit quotes. To be eligible for award at the VOSB quoter must be Verified in the Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov) at the time of the close of the RFQ and at the time of award. All quoters must be registered with the System for Award Management (SAM) at the close of the RFQ and at the time of award.

VENDOR QUESTIONS: All questions regarding this RFQ must be in writing and may be sent by e‐mail to William.Bridger@va.gov . Questions must be received no later than Friday, March 5, 2021 by 3:00 PM Eastern. No further questions will be accepted after that date and time.

QUOTE SUBMISSION:

Quote shall be valid 120 days from the close of this solicitation.

Quotes are due no later than Monday, March 15, 2021, at 10:00 AM ET. Quotes will only be accepted in Microsoft Word or .pdf format by email to: Contracting Officer W. Lance Bridger, William.Bridger@va.gov.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.)

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

Network Contracting Office 8 (NCO 8) Miami – Services Team 1201 N.W. 16th Street Miami, FL 33125

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

3. INVOICES/PAYMENT: Invoices shall be submitted electronically the following month services were performed in accordance with:

a. 852.232-72 Electronic Submission of Payment Requests (NOV 2018)

b. Upon acceptance of services.

c. Payments shall be made in arrears upon receipt of a properly prepared invoice.

d. In order to comply with the Improper Payment Elimination and Recovery Act of 2012 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

e. VA’s Electronic Invoice (e-Invoice) system uses a third-party contractor (Tungsten Network) for submission of electronic invoices. Go to this website to begin submitting electronic invoices, free of charge: http://www.tungsten-network.com/customer-campaigns/veteransaffairs-us/

For assistance setting up e-Invoice, the below information is provided:

· Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com

· Tungsten Network e-Invoice Setup Information: (877)752-0900 (Option 2 - Enrollment)

· Tungsten Network Customer Service: (877)489-6135

· OB10 Portal to submit electronic invoices: VA.Registration@ob10.com

· VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or

· VAFSC Email: vafsccshd@va.gov

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF

SUBMISSION FOR PAYMENT REQUESTS

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

CONTRACT ADMINISTRATION

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under 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 commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Year

Estimated

TOTAL

Option Year 1

Estimated

Option Year 2

Estimated

Option Year 3

Estimated

Option Year 4

Estimated

GRAND TOTAL:

B.3 PERFORMANCE WORK STATEMENT

COURIER SERVICES

1. GENERAL: The Pathology & Laboratory Medicine Service (P&LMS) at the Miami VA Healthcare System (MVAHS), Bruce W. Carter, has a requirement for Courier service to transport laboratory specimens. The Period of Performance will be for a period of One (1) Base term with the option to extend service for Four (4) additional 12 months terms from date of award. This requirement will be awarded as Firm-Fixed Price.

2. SCOPE: The Contractor shall provide all Courier Services with a company vehicle and uniformed driver to transport laboratory specimens once daily from Key West VA Outpatient Clinic, twice daily from Community Based Outpatient Clinic (CBOC) Deerfield Beach, CBOC Hollywood, CBOC Pembroke Pines, CBOC Homestead, CBOC Key Largo, and four times daily & three trips on Saturday from Broward VA CBOC, except holidays and weekends to Pathology & Laboratory Medicine Service (P&LMS) at the Bruce W. Carter Miami VA Healthcare System located at 1201 NW 16th ST., Miami, FL 33125.

3. APPLICABLE DOCUMENTS:

3.1 The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

FAR Federal Acquisition Regulation

VAAR Veterans Administration Acquisition Regulation Privacy Act of 1974 Title 49 of the Code of Federal Regulations

GLOSSARY:

Acronyms used in this PWS are listed below for easy reference:

HIPAA Health Insurance Portability and Accountability Ad

4. PERFORMANCE REQUIREMENTS:

4.1 Contractor's Liability and Regulation compliance:

4.1.1 The contractor shall ensure the confidentiality of all patient information being transported and shall be held liable in the event of a breach of confidentiality.

4.1.2 The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579 and Security Requirements for Unclassified Information Technology Resources-Interim October 2008).

4.1.3 The contractor shall comply with HIPPA (Health Insurance Portability and Accountability Act (HIPAA) of 1996) and Hazardous Materials Regulations (HMR) including training requirements as described in Sections of Title 49 Code of Federal Regulations (CFR).

4.1.4 The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579) and Public Law 104-191, This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS).

4.1.5 Local and Federal Transportation permits:

Certain contaminated “non-waste” products are considered to be “infectious Substances” under DOT regulations (49 CFR 173. 134). Such products classify as Class 6, Division 6.2. The DOT defines Infectious substance as material known or reasonably expected to contain a pathogen. A pathogen is a microorganism (including bacteria, viruses, rickettsiae, parasites, fungi) or other agent, such as a proteinaceous infectious particle (prion) that can cause disease in humans or animals. Contractor is responsible to ensure all required permits to transport contaminated items are obtained from federal, state and regulating government agencies.

4.2 Training Records:

4.2.1 Contractor's training records shall include:

employee's name, completion date of most recent training, name and address of HIPPA and hazmat trainer and certification that the employee has been trained and tested within 90 days of initial employment and annually thereafter.

4.2.2 Contractor shall provide all training and copies of Training Certificates shall be sent to the COR as soon as training has been completed.

4.3 Items to be Transported

4.3.1 The contractor shall be assigned at least two containers. One container shall be kept at the CBOC at all times for immediate storage & packaging of patient samples. These specimen containers for delivery/pickup are approximately 16x16x16 in size. Normal box weight of less than 25 lbs.

4.3.2 Laboratory specimens, i.e. body fluids, will be properly packaged by the Department of Veterans Affairs personnel for transportation and shall be placed in the container with appropriate temperature monitoring equipment. All specimen containers will include a patient manifest. Each driver will be given a sheet on which the CBOC will document the time that the container was picked up and the delivery time to the Miami VA Healthcare System. This sheet will also include the number of packages within the container that the contractor was given.

4.3.3 The Contractor, at each site, shall deliver the empty container(s) and pick up the packed container(s).

4.4 Performance Requirements - Pick-ups:

4.4.1 The Contractor shall pick up specimens at the Deerfield Beach CBOC, Pembroke Pines CBOC, Hollywood CBOC, Key Largo CBOC scheduled time Afternoon = 3:00 PM to 4:00PM daily.

4.4.2 Possible AM specimen pickup shall be picked up from above locations not later than 1230pm. Courier will be notified within 48 hours of scheduled AM pick up.

4.4.3 The Contractor shall pick up specimens at the Homestead CBOC on half hour of the scheduled times as follow: Mid-day: 1230PM daily; Afternoon: 3:00PM daily.

4.4.4 The Contractor shall pick up specimens at the Key West VA Outpatient Clinic within one half hour of the scheduled time of 11:00AM daily.

4.4.5 The Contractor shall pick up specimens at the Broward VA CBOC within one half hour of the scheduled times as follows: Morning: 9:00-10:00AM; Mid-Day:12:00 -1 PM ; Afternoon: 14:00-1500 & Afternoon; :17:00.

4.4.6 The Contractor shall deliver all specimen containers to the Bruce W. Carter Miami VA Healthcare System between the hours of 1:30 PM-2:30PM for possible AM pickups, and 16:00 - 1630PM for the afternoon deliveries from Deerfield Beach CBOC, Pembroke Pines CBOC, Hollywood CBOC and Key Largo CBOC daily.

4.4.7 The Contractor shall deliver all specimen containers from the Key West VA Outpatient Clinic to the Bruce W. Carter Miami VA Healthcare System between 14:30-15:30 daily.

4.4.8 The Contractor shall deliver all specimen containers from the Broward CBOC between 11:00-ll:30 for morning deliveries, 13:00-13:30 for Mid-Day deliveries, between 15:30-16:30 and between 18:00-18:30 for after noon deliveries.

4.4.8.1 Saturday: Currently no Saturday runs, due to COVID restrictions. Once restrictions are lifted, 3 pick-ups are expected. Frequency of pickups will be re-address at a later date.

4.4.9 The Contractor shall provide on call pick up of specimens on an “as needed” basis. Request will be made by phone and typically between Monday to Friday 0800 and 1500. As needed: In the event of unforeseen circumstances, the Contractor shall be available to pick-up and drop-off unscheduled deliveries.

4.4.10 All pick-ups shall be delivered directly to Pathology & Laboratory Medicine Service (P&LMS) Room A305 (Main Building, 3rc1floor), phone number 305-575-7000, Extensions 13450 or 13460.

4.4.11 The Government will require a written report from the contractor when pickup and delivery incidents are documented as being untimely. This report shall be due within 24 hours of request.

4.5 Communications

4.5.1 The COR shall be notified by phone within two (2) hours of the Contractors actual or constructive knowledge of conditions which may adversely affect the Contractors ability to perform contract requirements.

4.5.2 The COR will notify the Contractor of conditions which interfere with normal operations that are unexpected and out of the control of the Medical Center (i.e. Hurricane Alerts or unexpected Clinic closure).

4.5.3 The Courier Service and the designated drivers shall maintain a contact list for each CBOC in the event that rapid communication and response with the CBOC is needed (i.e. access denied).

4.5.4 In the event, additional transport supplies (i.e. Dry ice) are required, the COR shall be notified prior to purchase in order to obtain approval for purchase. Amount of purchase is not to exceed $200.00 per purchase.

5 PERFORMANCE LOCATION AND HOURS:

5.1 There are eight locations where pickups or deliveries are required.

5.1.1 All specimens are to be delivered to the Bruce W. Carter Miami Veterans Affairs Healthcare System, Pathology & Laboratory Medicine Service Room A305, and 1201 NW 16th Street, Miami, Florida, 33125.

5.1.2 The seven locations where specimens will be picked up are as follows:

5.1.2.1 CBOC Deerfield Beach, 2100 SW 10th St., Deerfield Beach, FL 33442

5.1.2.2 CBOC Pembroke Pines, 7369 Sheridan St, Suite 102, Hollywood, FL. 33024

5.1.2.3 CBOC Hollywood, 3702 Washington St., Hollywood Pavilion Suite 201, Hollywood, FL 33021

5.1.2.4 CBOC Homestead, 950 Krome Avenue, Suite 401, Homestead, FL 33030

5.1.2.5 CBOC Key Largo, 105662 Overseas Hwy, Key Largo, FL, 33037

5.1.2.6 Key West VA Outpatient Clinic, 1300 Douglas Circle, Key West, FL 33040

5.1.2.7 Broward VA CBOC, 9800 Commercial Blvd., Sunrise, FL 33351.

5.1.2.8 H-PACT (Healthcare for Homeless Veterans), 1492 W Flagler Street, Miami, Fl. 33135

5.2 Government Duty Hours and Federal Holidays

5.2.1 Government normal duty hours are from 0800-1630, Monday through Friday, excluding Federal holidays.

5.2.2 There are ten Federal Holidays as follows:

Also, any additional Federal Holiday that is proclaimed by the President of the United States is observed. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. government agencies.

6. DELIVERABLES:

6.1 The contractor shall deliver all invoices for review according to the established contract at the end of each billing cycle.

6.2 All items not contracted shall be specifically detailed on the invoice including description, quantity acquired, and government cost.

6.3 The contractor shall provide a copy of the sheet from each delivery that proves the time that the containers were picked up and delivered during the month by the tenth day of the following month.

7 KEY PERSONNEL REPLACEMENT AND SUBSTITUTION:

7.1 Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

7.2 If the Contracting Officer determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may, (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his discretion, if he finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.

7.3 The Contractor shall replace any absent individual for any period greater than one workday (may be changed) so as to leave a full complement of trained qualified personnel at all times with no disruption of services.

8 CONTRACTOR PERSONNEL AND MANAGEMENT:

8.1 Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

8.2 Security Clearances. NOT APPLICABLE

8.3 Government Badges. The COR will coordinate through the Service PIV Sponsor/Managers the issuance of required access badges to Contractor personnel. Contract personnel shall wear laminated identification badges provided by the Government at all times when performing. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

8.3.1 Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

8.4 Contractor Badges. Notwithstanding the requirement to wear a Government furnished badge, Contractor personnel shall also wear a laminated contractor identification badge at all times when performing services under this Contract, including when on Government directed travel The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

8.5 All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

8.6 Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

8.9.2 Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

8.9.3 Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

8.9.4 The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

9. TRAVEL: Not Applicable

10. NON-PERSONAL SERVICE STATEMENT:

10.1 Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

11. NON-PERSONNEL SERVICE STATEMENT:

11.1 The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner. The normal manner of dress is business casual.

11.2 Specific Personnel Qualifications Requirements -Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum:

11.2.1Be a United States Citizen 11.2.2Be qualified by the contractor as capable to perform as a courier that can transport potentially bio-hazardous laboratory specimens.

12. PERFORMANCE STANDARDS AND QUALITY MEASUREMENT:

12.1 Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection.

12.2 Performance Evaluation: After acceptance of the contract the contractor will be monitored for adherence to requested specimen pickup and delivery times, accountability and invoice verification, customer satisfaction (response to complaints).

12.3 The QASP and its performance objectives as follow:

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 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 15 days of the expiration of this contract.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).”

“NOTE: The specified rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.”

(End of Clause)

C.4 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; 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.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[x] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.6 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Veteran-owned small business or VOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more 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 Veterans;

(ii) The management and daily business operations of which are controlled by one or more Veterans;

(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 verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran owned small business concern (SDVO SBC), is to be construed to also apply to a VA verified and VIP-listed VOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all VOSB set-asides and sole source contracts.

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(b) General.

(1) Offers are solicited only from eligible veteran-owned small business concerns. Only VIP-listed veteran-owned small business concerns (VOSB) may submit offers in response to this solicitation. A VIP-listed service-disabled veteran owned small business concern will be considered a VIP-listed veteran-owned small business concern for this purpose and must also meet the criteria identified in paragraph (a)(1). Offers received from concerns that are not VIP-listed veteran owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible VOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed VOSBs are considered eligible. Therefore, any reference in 13 CFR 121 and 125 to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB/VOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, a VOSB agrees that in the performance of the contract, the VOSB 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 125, including the nonmanufacturer and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that for purposes of limitations on subcontracting, only VIP-listed VOSBs are considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed VOSBs.

(5) Subcontracting. Any work that a VIP-listed VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered a VOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18, provided, that any reference therein to service-disabled veteran-owned small business concern (SDVO SBC), shall also apply equally to a veteran-owned small business (VOSB) and is to be construed for the VA as only a VIP-listed VOSB.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION)

(a) This solicitation includes VAAR 852.219-10.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of clause) (End of Addendum to 52.212-4) C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2020)

(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 Kaspersky 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:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice…