36C24C19Q0033-0001027.docx

5. PROJECT NUMBER (if applicable)

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7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

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6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

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10A. MODIFICATION

OF CONTRACT/ORDER NUMBER

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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT

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12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADM

INISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and d ate specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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(If required)

(SEE ITEM 11)

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IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 08-13-2019 None Department of Veterans Affairs Network Contracting Office (NCO 1) 718 Smyth Road BS Suite 105 Manchester NH 03104 Department of Veterans Affairs Network Contracting Office (NCO 1) 718 Smyth Road BS Suite 105 Manchester NH 03104 To all Offerors/Bidders

36C24C19Q0033 06-20-2019

X

The purpose of this Amendment is to provide an update to this RFQ and responses to the questions received for this RFQ.

See Continuation Page

Carol Domingue Contracting Officer

Continuation Page RFQ number 36C24C19Q0033 The following changes are hereby made to this RFQ:

1. Correction to SF1449 – Block 10. This RFQ is 100% set aside for SDVOSB using a tiered evaluation.

2. Updated Statement of Work to correct clerical errors. (Attached)

3. Appendix B: Product Categories removes language stating the number of Product Categories and provides an updated list of anticipated Product Category solicitations.

4. Updated VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2019) (DEVIATION) and VAAR 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside (JUL 2019) (DEVIATION) (Attached)

5. 52.212-1 Instructions to Quoters – Commercial Items (OCT 2018) was updated to remove the following language:

The use of hyperlinks in quotes is prohibited.

6. 52.212-2 Evaluation—Commercial Items (OCT 2014) (Tailored) was updated to provided clarity on the evaluation tiers. It will read as follows:

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127; tiered evaluations including large business concerns. This solicitation is being issued as tiered evaluation with the following tiers (Reference PPM 2018-04, Attachment A):

1. Service-Disabled Veteran-Owned Small Business (SD/VOSB) concerns,

2. Veteran-Owned Small Business (VOSB) concerns,

3. Small Business concerns with Historically Under-utilized Business (HUB) Zone small business concerns, 8(a) participants, small disadvantage business, and women owned small businesses having priority over other small businesses; and

4. Large business concerns

7. Attachment B – Quote Sheets updated to include clearer instructions to the Quoter on how to completely fill out the Quoted Supplies tab within the Quote Sheet and ensure that there are no errors when submitting completed Quote Sheet. The Quoted Supplies tab was updated to provide clearer real time feedback and alerts to the Quoter when data is entered in appropriately. This will reduce the need to have Quoters provide Quote Sheet corrections after submission.

8. Additional responses to questions are in the attached document: 36C24C19Q0033 Emergency Medical Service Supplies and Equipment RFQ Q and A.xlsx.

B.2 STATEMENT OF WORK

Background Background The U.S. Department of Veterans Affairs (VA), Veterans Health Administration (VHA) manages the United States’ largest integrated healthcare system, providing care at 1,243 healthcare facilities, including 172 medical centers and 1,062 outpatient sites of care of varying complexity (VHA outpatient clinics), serving approximately 9 million enrolled Veterans each year. The healthcare system receives the majority of medical and surgical supply support through the Medical/Surgical Prime Vendor (MSPV) program.

MSPV 2.0 will utilize Prime Vendor (PV) contracts for distribution and supply management services. Facilities will order from the MSPV Product List, which will be formed by awarding Blanket Purchase Agreements (BPA) to Original Equipment Manufacturers (OEM), suppliers, and authorized resellers of medical/surgical supplies (referred to as “Authorized Suppliers” herein).

Any suppliers and resellers who participate in MSPV 2.0 must be authorized to provide the supplies by the OEM. An Authorized Distributor Letter from the manufacturer shall be included with the response. See Section III.A Supply Services for additional parameters.

This procurement will establish multiple BPAs in direct support of the MSPV 2.0 Program. This procurement is a key element in the success of the program as the BPAs will provide the mechanism that will supply an estimated 49,000 medical/surgical supplies for distribution to VHA facilities located in the United States (US) and US Territories and Other Government Agencies (OGAs) as identified by VA (referred to as “facilities” herein). The MSPV Product List will include all supplies awarded under BPAs.

Scope The objective of this procurement is to establish BPAs for Emergency Medical Supplies, medical/surgical supplies for nationwide usage. VHA aims to ensure availability and consistency of medical/surgical supplies and to obtain volume-based, standardized pricing. VHA desires to continue the practice of achieving cost avoidance while simultaneously balancing clinician considerations for obtaining quality medical/surgical supplies.

1. The response to this solicitation will include proposed pricing for medical/surgical supplies the quoter wishes to provide to the government that are aligned to Emergency Medical Supplies. Supplies aligned to this category, and product descriptions, can be found in Appendix B. Quoters may propose supplies from their respective catalogs they wish to provide to the government that fit within the scope of the respective product category, excluding supplies already covered under the AbilityOne Procurement List. For a proposed supply item, for which the government has received multiple quotes across multiple product categories, the government will make the determination of a single product category for evaluation and award. Only supplies proposed under that product category will be evaluated and considered for award. Quoters are encouraged to submit quotes across all applicable categories to ensure their quotes are evaluated in the correct category.

An open market BPA will be established between the Authorized Supplier and the government under the terms and conditions incorporated in this BPA. This BPA does not obligate any funds and there is no obligation for the Government to purchase orders against this BPA.

Covered medical/surgical supplies eligible for order under MSPV 2.0 are defined as medical, surgical, dental, and laboratory supplies excluding supplies already covered under the AbilityOne Procurement List.

Awards will be modified as additional supplies move through the evaluation process.

This BPA shall be administered by the VHA Office of Procurement and its assigned Contracting Officer(s) (CO).

Federal Acquisition Regulation (FAR) Requirements under FAR 13.303-3

2. Extent of Obligation: It is contemplated that purchases for medical/surgical supplies will be placed through the PVs.

3. Purchase Limitation: Purchases for medical/surgical supplies will be placed with the PVs. Although there are currently no plans for the government to order against this BPA, if that occurs, there is a 500k individual order limitation.

4. Individuals Authorized to Purchase Under the BPA: Purchases for medical/surgical supplies will be placed through the PVs. Should it be necessary for the government to order against this BPA a list of authorized individuals will be provided.

5. Delivery Tickets: Purchases for medical/surgical supplies will be placed through the PVs. Should it be necessary for the government to order against this BPA, the delivery tickets or sales slips shall contain the minimum information outlined in FAR 13.303-3(a)(5).

6. Invoices: It is contemplated that purchases for medical/surgical supplies will be placed through the PVs.

Type of Contract BPAs will be awarded under this Statement of Work (SOW) will have a total Period of Performance (POP) not to exceed 60 months.

This BPA does not obligate any funds.

An annual review of all BPAs will be conducted by the government to include a review of terms, conditions, and pricing.

The Government reserves the right to cancel or terminate a BPA.

MSPV Business Processes Commercial Agreements The Authorized Supplier awardee is required to enter into a commercial agreement with all awarded PVs, who will provide national distribution and supply management services to facilities, in order to participate in MSPV 2.0. The commercial agreement will govern the terms and conditions of the PV and Authorized Supplier relationship and will not contradict the underlying terms and conditions established by this BPA or the underlying PV contracts. Failure to comply with the terms of this BPA, including provisions related to commercial agreements, will be considered cause for cancellation of the BPA.

If the Authorized Supplier is awarded a BPA prior to the award of the PV contracts, the Authorized Suppliers and PVs are required to form commercial agreements within 60-calendar days from the award of the PV contracts. If the Authorized Supplier is awarded a BPA after the award of the PV contracts, the supplies offered by the respective Authorized Supplier will be released on an updated MSPV Product List. An updated MSPV Product List will be released every 30-calendar days. PVs and Authorized Suppliers are required to form commercial agreements within 60-calendar days of the respective MSPV Product List release.

If Authorized Suppliers are awarded BPAs prior to the award of the PV contracts for MSPV 2.0, the government will notify Authorized Suppliers of the names of PVs as soon as possible to enable formation of commercial agreements.

Authorized Suppliers are responsible for establishing commercial agreements. Either PVs or Authorized Suppliers may initiate a commercial agreement. The terms and conditions outlined in the commercial agreement must be mutually agreed-upon by both parties. Once a commercial agreement is established between an Authorized Supplier and a PV, the Authorized Supplier will notify the VHA Office of Procurement via email to vhavamspvsupcontroff@va.gov and include the name of the Authorized Supplier and the PV. One email may contain details on multiple commercial agreements.

The commercial agreements prescribed in this section are solely between the PV and VHA Authorized Suppliers and do not involve the Government as a responsible party.

Pricing Supply pricing established in BPAs between the Authorized Supplier and the government will be made available to PVs; PVs will use this exact price plus the distribution fees agreed upon between the PV and VA to invoice VA for PV distribution and supply management services.

The Authorized Supplier BPA-holder shall not charge the PV awardees more than the prices set forth in the BPA.

All quotes provided by the Authorized Supplier as part of the solicitation response shall remain valid for 180 calendar days after close of the solicitation.

The BPA unit of measure data field for each individual line item approved for inclusion in MSPV 2.0 (case, box, each, vial, etc.) represents the shipper quantity that the BPA holder agrees to sell to any PV for the purpose of distribution to facilities. All BPA prices are Free on Board (FOB) Destination. Therefore, the BPA price shall include all attendant order processing, materiel handling, and transportation costs incurred by the BPA holder. BPA holders are not authorized to unilaterally assess added handling and freight charges against the servicing PV unless there is an emergency request and the customer agrees to incur and pay separately the additional delivery charges.

BPA Modification BPAs can be modified for Supply Recall, Policy Changes, Price Changes, Supply Additions and/or Removals. All modifications will be based on Government needs.

Supply Recall and Policy Changes:

A BPA modification shall be made for any supply recall or policy change that applies to a supply on a BPA under this solicitation. Such instances may include, but are not limited to, a supply that is removed or recalled by the Authorized Supplier or manufacturer due to defects in the supply or potential dangers to patients, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency (e.g., FDA).

BPA modifications for recall or policy change will happen on an infrequent, as needed basis.

Price Changes:

The BPA holder or the government can additionally initiate a price increase or reduction on supplies under this BPA to result in a modification.

BPA modifications for price will be made on a quarterly basis.

The BPA holder may request changes to BPA pricing by contacting the respective CO for this BPA or by sending an email to vhavamspvsupcontroff@va.gov.

Supply Addition or Removal: BPAs may also be modified to add or remove supplies from the MSPV Product List.

New supplies may be proposed to the government at the discretion of Authorized Suppliers. Any new supplies proposed must be vetted and reviewed by the appropriate clinical Integrated Product Team (IPT) when they have availability. Any new supplies proposed must fit within the scope of the PV 2.0 Program and the respective product category. The government will make the final determination as to whether a supply is within scope.

Supply additions may be initiated by sending an email to vhavamspvsupcontroff@va.gov.

If a supply is no longer available, it shall be immediately removed from the MSPV Product List.

BPA modifications reflecting supply additions and removals will occur on a quarterly basis.

The MSPV Product List will be updated to reflect changes after BPA modifications are complete.

All regulatory requirements applicable to the original BPA will apply to any change/modification.

The BPA holder may request modifications by contacting the respective CO for this BPA or by sending an email to vhavamspvsupcontroff@va.gov.

If any of the BPA holder's responses to the required representations/certifications change at any time after the BPA has been approved, the BPA holder shall immediately submit an email outlining these changes to the respective CO for this BPA or by sending an email to vhavamspvsupcontroff@va.gov.

If any supply awarded under this solicitation requires modification, is removed or recalled by the Authorized Supplier or manufacturer due to defects in the supply or potential dangers to patients, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the Authorized Supplier will notify the CO or by sending an email to vhavamspvsupcontroff@va.gov and the MSPV 2.0 Program Manager Brian Streaty, Email Brian.Streaty@va.gov, in writing, by the most expeditious manner possible. The notification shall include, but not be limited to the following:

Complete supply description and/or identification, call numbers from customers, and the BPA line item number assigned.

Reasons for modification(s), removal or recall.

Necessary instructions for return for credit, replacement or corrective action.

A copy of the modification notification described above shall additionally be provided to:

Manager, Product Recall Office National Center for Patient Safety Veterans Health Administration 24 Frank Lloyd Wright Drive, Lobby M Ann Arbor, MI 48106

The Authorized Supplier shall additionally provide the information above to all PVs participating in MSPV 2.0.

Data Transmission The Authorized Supplier must ensure that data transmission method and format to PVs are through any system that conforms to the X12 Electronic Data Interchange (EDI) v5010 formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI website http://www.x12.org) includes additional information on EDI 810 and 811 formats.

EDI is the computer-to-computer exchange of business documents in a standard electronic format between business partners. By moving from a paper-based exchange of business document to one that is electronic, VHA receives benefits such as reduced cost, increased processing speed, reduced errors and improved relationships with business partners. Electronic format means an automated system transmitting information electronically according to accepted data transmissions using a system that conforms to the X12 EDI formats established by the ASC chartered by ANSI. For more information see the X12 EDI Web site (http://www.x12.org).

Work Requirements Supply Requirements The Authorized Supplier shall provide an uninterrupted supply and delivery of medical/surgical supplies to all PVs participating in MSPV 2.0 at an enterprise/nationwide level (reference Appendix C: Veterans Integrated Services Networks (VISNs).

Medical/surgical supplies are those that are involved in the diagnosis and treatment of disease and the maintenance of health (usually through nonsurgical means). They are characterized as one or more of the following:

Primarily and customarily used to serve a medical purpose Generally, not useful to a person in the absence of illness or injury Usually ordered and/or prescribed by a physician and/or a health care professional Medical supplies utilized in conjunction with durable medical equipment are included if the supplies are necessary for the function of the equipment Surgical supplies are those involved with the branch of medicine which generally treats disease or injury by operative intervention (physical means rather than drugs); i.e., operations requiring access to the inside of the body as well as manipulation from outside the body.

Any and all medical/surgical supplies provided under this SOW shall at all times: (1) have a current Food and Drug Administration (FDA) premarket approval as required by FDA under Part 814 title 21, Code of Federal Regulations, or any successor regulation; (2) be compliant with Global Standard 1 (GS1), Health Industry Business Communications Council (HIBCC), and/or International Society for Blood Transfusion (ISBT) 128 standards; and (3) must comply with the standards of the federal and respective state regulatory bodies, e.g. Occupational Safety and Health Administration (OSHA), Food and Drug Administration (FDA), etc. as applicable to product descriptions, If the potential Authorized Supplier is not the OEM, the Authorized Supplier must provide an Authorized Distributor Letter from the OEM signed within the last 90 days. The Authorized Distributor Letter from the OEM shall include for each product(s) proposed authorizing the quoter as a distributor for the proposed product(s). The letter must either state specific product(s) proposed or that the quoter is an authorized distributor for all of the manufacturer’s products. This letter must be on the manufacturer’s letterhead and contain the signature of an authorized official for the manufacturer and cover the duration of the BPA. The Authorized Supplier shall maintain its Authorized Distributor status of all manufacturers and distributors of supplies throughout the life of this agreement as set-forth in the letter of supply referenced above. Failure to do so will result in cancellation of the BPA.

The Government reserves the right to request information from Authorized Suppliers related to supply descriptions, pricing, or other topics at any time and the Authorized Supplier is required to provide such information.

This language is not generated to inhibit the PV or facilities from ordering supplies already on any other designated Government contract instrument. VA’s Strategic Acquisition Center (SAC) and the VHA Office of Procurement will ensure that supplies are placed on appropriate catalogs/Product Lists from which facilities may order. It is however, incumbent on the PV to honor the parameters of the contract scope of work. Where apparent conflicts arise, the CO will make the final determination as to whether a supply is or is not within scope. The PV must consult with the CO prior to shipping any supplies which do not clearly fall within the parameters of the above defined scope of work for PV.

The Government reserve the right to remove any supply from the MSPV Product List upon 30-calendar days’ notice, resulting in modification of the BPA.

Gray Market The Authorized Supplier shall be an OEM authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system such that the OEM warranty and service are provided and maintained by the OEM. All warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. The Authorized Supplier shall provide new supplies ONLY; no remanufactured or "gray market" supplies. All supplies must be covered by the manufacturer's warranty.

Trade Agreement Act Requirements (applicable to Large Business) Supplies offered by the Authorized Supplier should be compliant with the Trade Agreements (TA) Certificate, found at 52.212-3. End-products offered shall be manufactured or substantially transformed either in the United States or in a designated country. The BPA holder at the supply level must certify as follows in accordance with the TA Certificate:

The quoter certifies that each end product, except those specifically listed, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

Delivery The Authorized Supplier shall deliver supplies in accordance with “Normal”, Expedited, “Just-In-Time (JIT)”, drop shipment, and consignment delivery methods as outlined in commercial agreements between the PV and the Authorized Supplier.

All BPA holder deliveries shall be FOB Destination.

The Authorized Supplier shall deliver supplies to the PV in line with established commercial agreements.

Orders No orders are placed against the BPA. The PV places orders based on their commercial agreements with BPA holders. The sole purpose of the BPA is to identify the products, prices, and sources.

Drop Shipments The Authorized Supplier can provide supplies directly to facilities through drop shipments, rather than through PV distribution. Drop shipments are ordering facility-authorized shipments made on supplies that a manufacturer does not normally distribute through a PV but makes available for order and delivery directly to the facility. Authorized Suppliers shall identify if supplies are available only via drop shipment as part of the solicitation response.

Requirements for drop shipment supplies will be outlined in commercial agreements, including delivery time, order accuracy, fill rate, shelf life, and others.

Supplies delivered via drop shipment to facilities shall only be delivered to facilities with at least six months shelf life remaining upon delivery to the ordering facility. For those supplies which have an initial expiration date/shelf life of six months or less, at least 75% of the original shelf life shall remain at time of delivery to the ordering facility.

Facilities will place the order through the PV. The PV will then place the order with the Authorized Supplier within one hour and provide an Order Confirmation to the facility within one hour of order placement with the Authorized Supplier.

The PV is responsible for invoicing VA for drop shipments; it is not the responsibility of the Authorized Supplier.

Once shipped, the Authorized Supplier shall provide tracking information to the PV.

Terms and Conditions No purchases are made against this BPA.

A Non-Manufacturer Rule (NMR) waiver has been obtained for this RFQ.

The agreement, including supplies, prices, and other terms and conditions, is public information and is releasable under the Freedom of Information Act (FOIA). Procurement related information, shall be treated as confidential and shall not be disclosed except as required by applicable laws and regulations.

All Small Business Quoters shall be certified in the System for Award Management (SAM) (www.sam.gov) as a small business under North American Industry Classification System (NAICS) code 339113.

All Quoters who wish to qualify as an SD/VOSB and/or a VOSB must be certified by the VA Center for Verification and Evaluation (CVE). Additional information and the certification process can be found on https://www.va.gov/osdbu/verification/.

The Authorized Supplier shall provide written notice to the VHA CO mail group vhavamspvsupcontroff@va.gov of any changes related to the company or the supplies offered under its BPA. Changes include, but are not limited to, change in company information, including contract administrator, company name, address and phone number.

Authorized Representatives The primary CO for this Agreement is: Carol H. Domingue The Primary Contracting Officer's Representative (COR) for projects under this Agreement will be delegated by writing by the CO if needed at a later date.

Appendix A: Acronyms

Appendix B: Product Categories

· APPAREL/TEXTILES/GLOVES

· CENTRAL SUPPLY STERILIZATION SOLUTIONS & SUPPLIES

· DENTAL EQUIPMENT & DENTAL SUPPLIES

· DIALYSIS/PHERESIS

· EAR/NECK/THROAT & AUDIOLOGY

· EMERGENCY MEDICAL SERVICES SUPPLIES AND EQUIPMENT

· ENDOSCOPY SUITE

· ENVIRONMENTAL SERVICES

· IMPLANTS

· IV & IRRIGATION SUPPLIES

· LABORATORY

· MEDICAL DOCUMENTATION

· MEDICAL IMAGING RADIOTHERAPY NUCLEAR MEDICINE & CATH LAB

· OCCUPATIONAL THERAPY/REHABILITATION/AIDS FOR DAILY LIVING

· OPERATING ROOM

· OPTOMETRY

· ORTHOPEDICS/PROSTHETICS & SPORTS MEDICINE

· PATIENT CARE PRODUCTS

· PATIENT EXAM ROOM INSTRUMENTS AND SUPPLIES

· PATIENT MOBILITY/TRANSPORTATION/TRANSFER EQUIPMENT & AIDS

· PHYSICAL THERAPY

· PHYSIOLOGICAL & PSYCHOLOGICAL TESTING & MONITORING

· PODIATRY

· RESPIRATORY THERAPY & ANESTHESIA

· SAFETY DEVICES & SUPPLIES

· SYRINGES & NEEDLES

· UROLOGY SUPPLIES

· WOUND CARE PRODUCTS

Appendix C: Veterans Integrated Services Networks (VISNs)

Visit https://www.va.gov/directory/guide/division.asp?dnum=1 Updated the following:

VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

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

(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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.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 apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “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).

(b) General.

(1) Offers are solicited only from eligible service-disabled Veteran-owned small business concerns. Only VIP-listed service-disabled Veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled Veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled 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 SDVOSB 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 SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 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 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, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 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 SDVOSBs.

(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 SDVOSBs.

(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 is 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 SDVOSBs.

(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 SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB 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 an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled Veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. 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.

(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 Contract Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause) 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 mall 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)

ATTACHMENT

See attached document: 36C24C19Q0033 - Emergency Medical Service Supplies and Equipment RFQ Q and A.

See attached document: Attachment B. EMS_MSPV Quote Sheet_OpenMarket_v4.0.

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