36C25023Q1147.docx
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- J039--Automatic Transfer Switch (ATS) Maintenance Services Federal contract opportunity
- Solicitation number
- 36C25023Q1147
About this file
This document is a combined synopsis/solicitation notice for automatic transfer switch (ATS) maintenance services issued by the Department of Veterans Affairs Network Contracting Office. The notice seeks quotes for annual ATS electrical testing and inspection services for 31 ATS units located at the Chillicothe VA Medical Center in Chillicothe, Ohio. The base period of performance is January 1, 2024 through December 31, 2024 with four optional one-year extensions. Quotes are due by September 29, 2023 at 3:00 PM Eastern Time and must include pricing for the base year and all option years. The award will be made based on a comparative evaluation of quotes considering technical approach, past performance, and price.
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| 852.219-75 Limitations on Subcontracting.pdf |
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Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
| SUBJECT* |
| Automatic Transfer Switch (ATS) Maintenance Services |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 45219 |
| SOLICITATION NUMBER* |
| 36C25023Q1147 |
| RESPONSE DATE/TIME/ZONE |
| 09-29-2023 15:00 EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 30 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE* |
| J039 |
| NAICS CODE* |
| 811210 |
CONTRACTING OFFICE ADDRESS
Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219
POINT OF CONTACT*
Contract Specialist Michael Riordan michael.riordan@va.gov
PLACE OF PERFORMANCE
| ADDRESS |
| Chillicothe VA Medical Center |
17273 State Route 104
Chillicothe OH
| POSTAL CODE |
| 45601 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
DESCRIPTION
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
General Information
| Document Type: |
| Combined Solicitation/Synopsis |
| Solicitation Number: |
| 36C25023Q1147 |
| Posted Date: |
| August 30, 2023 |
| Original Response Date: |
| September 29, 2023 @3PM |
| Current Response Date: |
| September 29, 2023 @3PM |
| Product or Service Code: |
| J039 |
| Set Aside: |
| SDVOSB |
NAICS Code:
Wage Determination:
Revision Number:
Date of Revision:
811210 2015-4771 6/30/2023
Contracting Office Address Department of Veterans Affairs Network Contracting Office 10 Cincinnati VA Medical Center 3200 Vine Street Cincinnati, OH 45220 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.
This solicitation is issued as a request for quotations. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.
The associated North American Industrial Classification System (NAICS) code for this procurement is 811210, with a small business size standard of $34.0 million.
The FSC/PSC is J039.
The Chillicothe VA Medical Center requires continuous Automatic Transfer Switch (ATS) maintenance and service.
Statement of Work:
1. Contract Title. Automatic Transfer Switch (ATS) Maintenance Agreement
2. Background.
Many of our older ATS’s have been replaced by newer ATS’s that require specialized knowledge of the programming functions. Additionally, the older ATS’s we do have in service need special care in keeping them in service.
3. Scope.
1. The Contractor shall furnish all material, labor and equipment as defined in section B - 3, to provide full maintenance services to keep the ATS’s in continuous use at their initial performance ability (same speed, capacity, safety and efficiency) as originally specified by the equipment manufacturer and as may have been modified thereafter. All adjustments, repairs and modifications, must conform to the manufacturer guidelines and/or the following industry standards, as applicable, whichever is more stringent:
| 2. | The work covered under this contract includes but is not limited to the following: | |
| a. All labor and supervision as described within this contract | ||
| b. All parts as described within this contract | ||
| c. All lubricants, fluids, fasteners, cleaning supplies, paints, and other supplies necessary to perform the services required in this contract. |
d. All tools, equipment, specialty items and other items that may be necessary to perform the tasks required under this contract.
| e. All support functions such as office overhead, travel, etc. | |
| 3. | Contractor shall have in his possession throughout the term of the contract all diagnostic equipment necessary to fully maintain, test, repair, adjust or reprogram the systems. |
| 4. | All tests or inspections that will remove the ATS from normal operation shall be scheduled in advance with the COTR or COTR’s designated representative. |
Spare Parts:
| 1. An adequate supply of spare parts shall be maintained by the contractor at all times to ensure prompt preventive maintenance and repair services. | |||
| 2. | Furnish specified lubricants to the various lubrication points. | ||
| 3 | .The Contractor shall instruct his personnel that when they perform work under this contract, they shall comply with the following procedures: |
a) Upon arrival at the station, the Contractor shall check in with the COTR or his designee (Dispatch Office in building 21) so that the hospital Facility Management Service (FMS) will be aware of the Contractor’s presence at the facility at all times. Any keys signed out shall be returned to the dispatch area on in the return drop box before maintenance personnel leave the VAMC.
Documentation
1. A report after each annual inspection shall be delivered or emailed to the COTR or the Electric Shop Supervisor. This report should detail any parts that was replaced or in need of replacement. This is to include IR scan annual as well.
Call Back Service:
| Contractor shall provide callback services for each ATS as follows: Callback service is defined as requests for each individual ATS, either during or after normal working hours, to correct any ATS problem or condition, which needs attention. Callbacks during normal working hours consists of responding to the VAMC to take corrective action at the site within 4 hours. Callbacks are not to take time away from preventive maintenance or other requirements required under this contract Equipment malfunctions shall be corrected the same day that the service call was issued. If circumstances beyond the contractor’s control preclude resolution of the problem that day, the COTR or COTR’s designated representative must be notified with an explanation of the delay. | ||
| 1. | Emergency Callback Service shall be provided 24 hours a day, seven days per week, as requested by the COTR or COTR’s designated representative. | |
| 2. | Contractor shall have a service ticket on each service call signed by COTR or COTR’s designated representative. Service tickets shall identify the respective piece of equipment, description of problem, description of corrective measures taken, date and time unit was returned to regular service. Service proposals for ANY EXTRA CHARGE WORK must be approved in advance (including authorizing PO issued). Failure to do so will result in non-payment for extra charge work. | |
| 3. | The Veterans Affairs Medical Center shall not be responsible for incidental charges including, but not limited to, parking, tolls, tickets, mileage, phone, etc., on straight time or overtime work. |
Shutdowns:
1. Under no circumstances will any shutdown or breakdown last longer than five (5) working days (40 working hours), from initial notification to the Contractor, without prior approval of the COTR.
2. All tests, inspections, or maintenance repairs that will remove an ATS from service shall be scheduled in advance with the COTR.
3. Contractor shall comply with the following procedures when an ATS is removed from service for any significant period of time for any reason:
a. Notify Facilities Management Service and the COTR, either by phone (740-773-1141 ext. 16172), or in person, before removing ATS from service. If work requires more than one day, daily notification will be made. Notify Facilities Management Service and the COTR when placing the ATS back in service.
First Look:
The government reserves the right to take corrective action to an ATS malfunction prior to calling the contractor for call back repairs.
Work Required Outside Contract:
Contractor shall immediately notify the COTR in writing of the existence or the development of any defects in, or repairs required to, an ATS, which the Contractor considers not covered by the contract. The contractor shall furnish a written estimate, when requested, of the cost. Final determination of responsibility will be by mutual agreement between the Contracting Officer and the Contractor.
Inspection
1. Annual ATS inspections shall consist of:
1. De-energize the switchgear and engine start signals.
2. Secure and lockout normal and emergency disconnects.
3. Remove the arc chutes and pole covers.
4. Verify and record all sensing and time delay functions in the switchgear.
5. Vacuum clean the accumulated dust from the switchgear and accessory panels.
6. Inspect for moisture or signs of previous wetness or dripping.
7. Remove dirt and grime with an approved solvent.
8. Clean and lubricate TS coil and operator linkage.
9. Inspect all insulating parts for cracks or discoloration due to excessive heat.
10. Inspect all main arcing contacts for excessive erosion.
11. Inspect all main current carrying contacts for pitting and discoloration due to excessive heat.
12. Perform contact resistance test on normal and emergency main contacts.
13. Inspect and clean all add-on panels and accessories.
14. Re-install arc chutes and pole covers.
15. Manually operate the main transfer movement to check proper contact alignment, deflection gap and wiping action and control contact operation.
16. Check all cable and control wire connections to the transfer switch control and sensing panel and other system components and tighten if necessary.
17. Reconnect Engine Start.
18. Re-energize the switchgear and conduct a test by simulating a normal source failure.
19. Perform millivolt drop readings across normal and emergency main contacts during transfer test.
20. Download event log and ATS Settings (Group 5 Controller only)
21. Prepare Computer Generated Report* of inspection for each piece of equipment and submit to customer.
2. Annual IR Scan shall consist of:
- Inspect physical and mechanical condition.
- Remove all necessary covers prior to thermographic inspection. Use appropriate caution, safety devices, and personal protective equipment.
- Description of equipment to be tested.
- Discrepancies.
- Temperature difference between the area of concern and the reference area.
- Probable cause of temperature difference.
- Areas inspected. Identify inaccessible and/or unobservable areas and/or equipment.
- Identify load conditions at time of inspection.
- Provide photographs and/or thermograms of the deficient area.
- Provide recommended action for repair.
- Inspect distribution systems with imaging equipment capable of detecting a minimum temperature difference of 1 C at 30 C.
- Equipment shall detect emitted radiation and convert detected radiation to visual signal.
U. Schedule of Chillicothe VAMC ATS’s:
31CR1 ATS 1333777
31CR2 ATS SGM32K993
31EQ1 ATS 1333776
31EQ2 ATS SGM32K992
31SL1 ATS 1333775
31SL2 ATS SGM32K98Z
35A1 J7ATBA3400C5XC 426603-004 WE
35A2 J7ATBA3400C5XC 426603-003 WE
ATS 1 940340045XC 857549-2
ATS 210A KOHLER ATS K76030
ATS 210B J7ATBA3400C5XC 621108 WE
ATS 210C D7ATSA3100C5XC 621109 RE
ATS 211A CTG TSG04045
ATS 211B CTG TSC02536
ATS 211C CTG TSC02537
ATS 24A1 940340045XC 853117-2
ATS 24A2 E940340047XC 419803001
ATS 259 RUSSELECTRIC ATS 34827-1A
ATS 26 ATS 930340045XC
ATS 261 ATS 52085
ATS 27 940360045XC 99430-Y
ATS 3 940315045XC 853118-1
ATS 30 KOHLER ATS K0707730
ATS 7 940326045XC 99431Y
ATS 9 SQUARE-D 946140-1
ATS-18A CUMMINS ATS L14M744326
ATS-18B CUMMINS ATS L14M747249
ATS-212 J7ATBB3400C5XC 1156333
Personnel:
1. Contractor shall provide a qualified journeyman mechanic as required to perform Preventive Maintenance, inspections, adjustments, and lubrications.
2. Supervision: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and alternate shall be designated in writing to the Contracting Officer and COTR prior to the contract start date. Changes to personnel shall be submitted to the Government within five (5) workdays of the changes. The Contract Manager or alternate shall have full authority to act on all contract matters relating to the daily operation of the contract. The Contract Manager or alternate shall be available to speak/meet with the CO or COTR within 24 hours of request during normal operating hours, and or within the next business day after Friday or during a Federal Holiday.
3. Contractor Employees. The selection, assignment, and management of contractor employees is the responsibility of the Contractor; however, the Contactor shall not employ any individual who is identified as a potential threat to the health, safety, security, and general wellbeing, or operation of the installation’s mission or personnel. The Contractor is fully responsible for the performance and conduct of his/her employees at all times. The Contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. This shall be accomplished by the wearing of distinctive clothing bearing the name of the company or by possessing the appropriate badges containing the company’s name and employee picture.
4. The Contractor shall require all employees, including supervisors, to have a VAMC government visitors ID’s and wear them at all times while at the VAMC site. These ID’s shall be issued by the VAMC Engineering Dispatcher located in building 21 under its rule for issuance.
5. Contractor Consent to Background Checks. The contractor or subcontractor shall not employ persons under this contract who have an outstanding criminal warrant as identified by Law Enforcement Agency Data System (LEADS) through the National Crime Information Center. Background Checks will verify if a person is wanted by local, state, and/or federal agencies. All contractor and subcontractor personnel must consent to Background Checks. Contractor and subcontractor personnel who do not consent to a Background Check will be denied access to the installation. Information required to conduct a Background Check includes: full name, driver’s license number, and/or social security number, date of birth of the person entering the installation, and completion of a background check questionnaire.
6. Contractors shall ensure their employees and those of their subcontractors have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.
| 7. Conduct of Contractor’s Employees | ||
| a. | The Contractor shall prohibit his employees from disturbing papers on desks, opening desk drawers or cabinets, or using for personal use |
telephones or office equipment provided for official VAMC use.
b. Contractor shall require his employees to comply with the instructions pertaining to conduct and other regulations called to the Contractor’s attention by the CO/COTR, Federal Protective Officers, Inspectors, etc.
Condition of Equipment
1. Upon contract award, the contractor accepts "as is" all ATS equipment specified in the contract. Failure to inspect the ATS, prior to contract award, will not relieve the contractor from performing services/repairs in accordance with the strict intent and meaning of the specifications. Offerors will be provided the opportunity to inspect the premises by the Contracting Officer prior to submitting their offers in order to be fully aware of the scope of services required.
Infectious Control and Cleanliness.
| 1. To carry out its mission as a health care facility the VAMC | ||
| maintains the highest level of cleanliness as a part of its Infectious Control Program to ensure that our patient’s health is not compromised. | The contractor shall maintain a clean work area. |
Safety
1. The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements.
2. In performance of this contract, the Contractor shall follow VAMC safety policy and standards for safe work practices and take such safety precautions as the VAMC Safety Officer or designee or the COTR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAMC smoking and tobacco policy, which states “smoking and the use of tobacco products are prohibited inside any government building or vehicle by Veterans, employees, visitors, volunteers, contractors and students.
3. Patient, employee, visitor, and contractor personnel safety shall be maintained at all times. The contractor is responsible for the occupation safety and health of his/her employees. The Contractor shall comply with all applicable OSHA safety and health standards. The Contractor shall replace all safety guards, equipment, devices, etc. removed to service or repair the ATS immediately after completion of work or when leaving the job unattended.
4. The Contractor shall submit to the Contracting Officer, prior to the start of the contract, the Material Safety Data Sheets (MSDS) for all materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract, and will not use, in the facility, such materials which have not been so cleared in advance with the VAMC. MSDS for new chemicals shall be furnished prior to the arrival of the chemical on site.
5. The Contractor is responsible to identify, provide and maintain all personal protective equipment (PPE) required to perform the duties outlined in the contract. In addition, the contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required to perform the work. Training on required safety programs and the proper use of PPE shall be provided by employer, and documentation maintained by the contractor.
6. The Contractor shall obtain a Hot Work Permit from the COTR in advance whenever soldering, welding, grinding, using a cutting torch, or other open flame, spark, or heat producing equipment is used. The contractor is required to follow ALL requirements outlined for the issuance of the Hot Work Permit.
7. The Contractor shall be notified of any non-compliance with the previous provisions. The contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the COTR or the VAMC Safety Officer the condition is life threatening he/she shall instruct the contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting of all or any part of the work, and Contractor may be held in default. The Contractor bears all costs of stop-work time and correcting safety hazards.
7 The contractor shall provide within ten (10) working days after receipt of this contract a detailed listing of the following information:
a) Safety program/procedures required to be followed by the contractor’s personnel in the performance of their duties and when such procedures are required. Specifically including Confined Space Entry and Lock Out/Tag Out.
b) Listing of Personal Protective Equipment(s) required to be used by the contractor’s personnel in the performance of their duties. Also, when listed equipment will be required.
c) Material Safety Data Sheet (MSDS) for any chemical(s) utilized by the contractor in the performance of this contract.
8 Contractor is responsible for the supervision of all their employees while on government property. It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in this contract.
9 The contractor shall reinstall any guard or equipment panels removed to perform maintenance on any equipment that it was removed from before the end of the workday it was removed.
Injury or Accident
1. Contractor shall immediately notify COTR and shall submit a written report to the VAMC within 48 hours of any accident or injury involving an ATS or the maintenance there of. The report shall state the cause, what and when the incident occurred as well as where the repairs and tests that were made to correct the cause of the incident.
| Emergency Telephone Numbers | |
| 1. | The Contractor shall provide the COTR with pertinent emergency telephone numbers, in order to summon assistance in case an emergency develops. At least one of the emergency telephone numbers shall be manned twenty-four (24) hours per day. This information shall be provided in writing to the COTR, within 10 days of the N.T.P. |
5. Performance Monitoring Monitoring to be done by the Electric Shop Supervisor
6. Security Requirements None
7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).
None
8. Other Pertinent Information or Special Considerations.
None
| a. Identification of Possible Follow-on Work. |
| b. Identification of Potential Conflicts of Interest (COI). |
| c. Identification of Non-Disclosure Requirements. |
| d. Packaging, Packing and Shipping Instructions. |
| e. Inspection and Acceptance Criteria. |
Inspection and criteria to be done by Electric Shop Supervisor
19. Place of Performance.
Chillicothe VAMC 17273 State Route 104 Chillicothe, OH 45601
All interested companies shall provide quotations for the following:
Supplies/Services
| Line Item |
| Description |
| Quantity |
| Unit of Measure |
| Unit Price |
| Total Price |
| 0001 |
| Annual Automatic Transfer Switch Electrical Testing (Base Year) |
| 1 |
| Year |
| 0002 |
| Annual Automatic Transfer Switch Inspection (Base Year) |
| 1 |
| Year |
| 1001 |
| Annual Automatic Transfer Switch Electrical Testing (Option Year 1) |
| 1 |
| Year |
| 1002 |
| Annual Automatic Transfer Switch Inspection (Option Year 1) |
| 1 |
| Year |
| 2001 |
| Annual Automatic Transfer Switch Electrical Testing (Option Year 2) |
| 1 |
| Year |
| 2002 |
| Annual Automatic Transfer Switch Inspection (Option Year 2) |
| 1 |
| Year |
| 3001 |
| Annual Automatic Transfer Switch Electrical Testing (Option Year 3) |
| 1 |
| Year |
| 3002 |
| Annual Automatic Transfer Switch Inspection (Option Year 3) |
| 1 |
| Year |
| 4001 |
| Annual Automatic Transfer Switch Electrical Testing (Option Year 4) |
| 1 |
| Year |
| 4002 |
| Annual Automatic Transfer Switch Inspection (Option Year 4) |
| 1 |
| Year |
The period of performance is January 1, 2024, through December 31, 2024, plus four option years.
The full text of FAR provisions or clauses may be accessed electronically at:
FAR | Acquisition.GOV The following contract clauses apply to this acquisition:
· FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (NOV 2021)
· FAR 52.204-13, “System for Award Management Maintenance” (OCT 2018)
· FAR 52.204-18, “Commercial and Government Entity Code Maintenance” (AUG 202)
· FAR 52.217-8, “Option to Extend Services” (NOV 1999)
· FAR 52.217-9, “Option to Extend the Term of the Contract” (MAR 2000)
· FAR 52.232-40, “Providing Accelerated Payments to Small Business Subcontractors” (NOV 2021)
· FAR 52.237-2, “Protection of Government Buildings, Equipment, and Vegetation” (APR 1984)
· VAAR 852.203-70, “Commercial Advertising” (MAY 2018)
· VAAR 852.232-72, “Electronic Submission of Payment Requests” (NOV 2018)
· VAAR 852.215-70, “Service-Disabled Veteran Owned Small Business Evaluation Factors” (OCT 2019)
· VAAR 852.219-75, “VA Notice of Limitations on Subcontracting – Certificate for Services and Construction” (NOV 2022) (Attached with Fill-ins)
The following subparagraphs of FAR 52.212-5 are applicable:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance or Equipment (NOV 2021) (Section 1634 of Pub. L. 115-91).
(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:
· FAR 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)
· FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)
· FAR 52.219-28, Post Award Small Business Program Representation (SEP 2021) (15 U.S.C. 632(a)(2))
· FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015)
· FAR 52.222-26, Equal Opportunity (SEPT 2016)
· FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020)
· FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2020)
· FAR 52.222-37, Employment Reports on Veterans (JUN 2020)
· FAR 52.222-50, Combating Trafficking in Persons (NOV 2021)
· FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)
· FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)
· FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:
· FAR 52.222-41, Service Contract Labor Standards (Aug 2018)
· FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
· FAR 52.222.55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)
· FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022)
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
The following solicitation provisions apply to this acquisition:
· FAR 52.212-1, “Instructions to Offerors–Commercial Items” (NOV 2021)
· FAR 52.204-7, “System for Award Management” (OCT 2018)
· FAR 52.204-16, “Commercial and Government Entity Code Reporting” (AUG 2020)
· FAR 52.237-1, “Site Visit” (APR 1984)
· FAR 52.212-2, “Evaluation – Commercial Items” (NOV 2021)
· FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (NOV 2021) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at SAM.gov | Home in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.
All quotes shall be sent to electronically to Michael Riordan at michael.riordan@va.gov.
Evaluation
Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.
The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations.
(1) Technical or Quality: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.
(2) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis.>
(3) Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Total Evaluated Price will be that sum.
a) Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement.
The following are the decision factors: {The following is standard evaluation language (i.e., how the Government evaluates what is submitted in the quotation). The information that shall be included in the quotation should be set forth in the quotation submission instructions (i.e., FAR Provision 52.212-1 and any addendum) of the solicitation and should vary based on the type of supply and/or service being procured and the complexity of that supply and/or service} The award will be made to the response most advantageous to the Government.
Responses should contain your best terms, conditions.
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS
(a) North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation.
(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of quotations;
(3) The name, address, and telephone number of the quoter;
(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b) for those representations and certifications that the quoter shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references – Minimum of 3 and Maximum of 5 (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(12) **** Complete and sign VAR 852.219-75, VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Attached to Combined Synopsis)
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.
(e) Late submissions
(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.
(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.
(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(f) Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.
(g) Availability of requirements documents cited in the solicitation.
(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(h) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier [Reserved].
(i) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.
This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:
"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."
OR
"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"
Quoters shall list exception(s) and rationale for the exception(s), if any.
Questions/Clarifications: In order to maintain integrity, all quoters are advised that any questions/clarifications shall be submitted in written form via email to the Contracting Officer designated in the solicitation and shall be received no later than September 22, 2023. Questions after that date may not be accepted.
Submission shall be received not later than September 29, 2023, at 3 PM to Michael.riordan@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).
Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.
Point of Contact Michael Riordan michael.riordan@va.gov See attached document: 852.219-75 Limitations on Subcontracting.
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Combined Synopsis/Solicitation Notice
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