36C24924Q0419.docx

Presolicitation Notice Presolicitation Notice

GENERAL INFORMATION

Troy Bowling Campus, VA Medical Center

1101 Veterans Dr

Lexington KY

CONTACT INFORMATION

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

POINT OF CONTACT*

Contract Specialist Kristie Collins kristie.collins@va.gov 423-461-7935

ADDITIONAL INFORMATION

DESCRIPTION

THIS IS A PRESOLICITATION NOTICE – The Department of Veterans Affairs, Network Contracting Office 9, located at 1639 Medical Center Parkway, Suite 204, Murfreesboro, TN, 37129, anticipates issuing a solicitation “Request for Quotation (RFQ)” on or about 08/23/2024 to request quotes for a five (5) year Blanket Purchase Agreement (BPA) consisting of five (5) ordering periods beginning upon anticipated award date of 10/01/2024 through 09/30/2029 for Canteen Kitchen exhaust and duct cleaning.

SET-ASIDE: 100% Service-Disabled Veteran-Owned Small Business (SDVOSB)

NAICS Code: 561790 – Other Services to Buildings and Dwellings

SBA SIZE STANDARD: $9 Million

PSC: S299 – Housekeeping - Other

DESCRIPTION: This requirement is for the Troy Bowling Campus, Veterans Affairs Medical Center located in Lexington, KY:

Troy Bowling Campus, Veterans Affairs Medical Center 1101 Veterans Dr Lexington, KY, 40502

Services will require for the cleaning of Canteen Kitchen exhaust hoods, ducts, and filters in Lexington listed above. Statement of Work which is attached.

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:

[ ] 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 PRESOLICITATION NOTICE

DEPARTMENT OF VETERANS AFFAIRS

STATEMENT OF WORK

The requirement is for Lexington Health Care System, Bowling Campus, Canteen Kitchen exhaust and duct cleaning.

VA security- The Authorization requirements do not apply, and a Security Accreditation Package is not required.

Period of Performance Base Ordering Period- October 1, 2024- September 30, 2025 Ordering Period 1- October 1, 2025- September 30, 2026 Ordering Period 2- October 1, 2026- September 30, 2027 Ordering Period 3- October 1, 2027- September 30, 2028 Ordering Period 4- October 1, 2028- September 30, 2029

1.0 Overview

1.1 This requirement if for the cleaning of Canteen Kitchen exhaust hoods, ducts, and filters at the Troy Bowling Campus, 1101 Veterans Dr, Lexington KY

1.2 BACKGROUND – The Canteen Kitchen utilizes an array of cooking equipment and products that produce grease vapors and fumes that can collect in the exhaust system and serve as fuel load for a fire. The need to properly maintain this system is critical for fire safety at this facility. Most of the duct system is original construction dating back to 1973.

2.0 Work requirements

The Contractor shall furnish all labor, tools, materials, equipment, and incidentals to provide and execute complete grease duct and hood systems cleaning and preventive maintenance in accordance with NFPA 96 as applicable. These services will be provided four (4) times a year during the months of January, April, July, and October. The following represents the two (2) grease duct and hood systems that are included in this contract:

• Three (3) hoods with a total of 13 grease removal filters located in the Canteen Service kitchen, room A-6; the grill area, room A-5 and the entrée line, area room A- 6e.

• Two (2) exhaust fans located on the 7th floor south roof.

• 155 ft. of horizontal exhaust duct located above the ceiling on the ground floor in rooms A-4a, A-5, A-6 and A-6e.

• 20 ft. of horizontal duct located above the ceiling on the 6th floor Surgical Intensive Care Unit (SICU) in rooms A-638b and A-638c.

• Two (2) vertical 85 ft. duct risers that are accessible only by duct access panels located in horizontal duct in rooms A-4a and A-638c.

· All services under this contract will be completed by properly trained, qualified and certified employees.

· All work will be completed in accordance with local, State and Federal regulations.

· A system of Lock Out/Tag Out shall be utilized to protect contractor employees from injury.

· The fire suppression system will remain operable during cleaning operations.

· Services will be scheduled in advance with the Contracting Officer’s Representative (COR). All work will be performed after 2:00 PM, Monday through Friday unless otherwise approved.

· Positive cleaning methods shall be used and will include but are not limited to the following processes or a combination thereof:

· Manual removal of solidified, semi-solidified or liquid cooking by products.

· Low pressure application of USDA or facility approved detergents. Flammable cleaning products will not be used.

· Wash/rinse processes utilizing high pressure hot water cleaning.

· Wash/rinse processes utilizing saturated steam cleaning.

· During cleaning operations, ceiling tiles will be removed as needed. Facility components, equipment, fixtures, and property will be protected from damage.

· Cleaning procedures will be devised that will not require the use of motorized cleaning equipment in the 6 floor SICU area.

· At a minimum, the exhaust fans, hoods, filters and horizontal ducts located in the Canteen area will be cleaned down to bare metal on each scheduled visit.

· After the close of cleaning operations, exhaust blowers will be restarted, all access doors shall be replaced and properly fastened.

· A VA representative will conduct a thorough inspection the next business day after each visit. The contractor will be required to re-clean any ducts etc. that were not properly cleaned with no additional cost to the VA.

· Provide a detailed inspection and cleaning report that includes the name of the person performing the work, the date of inspection and cleaning.

4.0 Miscellaneous

4.1 Contractor to always wear proper PPE while performing duties.

4.2 Contractor to schedule all preventative maintenance work with COR at least one week in advance prior to the work taking place.

4.3 Absolutely no work to take place outside of the planned agreement unless approved by Lexington Health care system in advance.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

includes Lexington VA Health Care System (LVAHCS) records.

does not include personal materials.

applies to records created, received, or maintained by Contractors pursuant to their LVAHCS contract.

may include deliverables and documentation associated with deliverables.

C. Requirements Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

LVAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of LVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to LVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to LVAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and LVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with LVAHCS policy.

The Contractor shall not create or maintain any records containing any non-public LVAHCS information that are not specifically tied to or authorized by the contract.

The 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 from public disclosure by an exemption to the Freedom of Information Act.

The LVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which LVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take LVAHCS-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to subcontractors The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Presolicitation Notice