36C25620Q1193.docx

Contract Opportunity Combined Synopsis/Solicitation Notice

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DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

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CONTRACTING OFFICE

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ADDITIONAL INFORMATION

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice 580-20-4-5167-0121 EMERGENCY ScrubX Dispenser, Receiver system to combat Covid-19 (VA-20-00085085) 77030 4298 36C25620Q1193 08-26-2020 2:30 pm

CENTRAL TIME, CHICAGO, USA

N 339112 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298 kever.swafford@va.gov Kever L Swafford kever.swafford@va.gov 713-794-7218

COMBINED SYNOPSIS/SOLICITATION

: ScrubX Dispenser Receiver System

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number: 36C25620Q1193 (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-01 / 11-19-2019.

(IV) This solicitation is being issued as a Total Service Disabled Veteran Owned Small Business Set-Aside. The associated NAICS code is 333912. The small business size standard is 1000 Employees.

(V) This combined solicitation/synopsis is for purchase of the following commercial services: Contractor shall furnish supplies and Installation for the Michael E. DeBakey VA Medical Center, 2002 Holcombe Boulevard Houston, TX 77030

(VI) Description of requirements is as follows Contractor shall furnish all labor, tools, replacement parts, equipment, and supervision to Specifications of component equipment as set forth in this section are minimum specifications, unless otherwise stated, and shall not be construed as limiting the overall quality, quantity or performance characteristics of items furnished in the system. The Contractor Furnished Equipment (CFE) shall meet or exceed the minimum requirements and shall be held responsible for the supply, performance and overall quality of the contractor’s furnished equipment. The Contractor shall provide, transport, install, and test all listed equipment. All products must meet all salient characteristics defined in this section.

The ScrubEX System:

(b) The place of acceptance will be: Michael E. DeBakey VA Medical Center, 2002 Holcombe Boulevard Houston, TX 77030 Quotes are required to be received in the contracting office no later than 12:00 P.M. CST on August 26, 2019. All quotes must be emailed to the attention of Kever L. Swafford. The E-mail address is Kever.swafford@va.gov Any questions regarding this solicitation should be directed to Kever L. Swafford (713) 794-7218, E-mail address is Kever.swafford@va.gov.

DELIVERABLES:

Price Proposal THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT.

Performance Work Statement ScrubEx Dispensing System

Michael E. DeBakey VA Medical Center Houston, TX

1 PURPOSE

1.1 The overall purpose is to provide and install ScrubEx at Michael E. DeBakey VA Medical Center, 2002 Holcombe Blvd, Houston, TX 77030

2 SCOPE

2.1 Specifications of component equipment as set forth in this section are minimum specifications, unless otherwise stated, and shall not be construed as limiting the overall quality, quantity or performance characteristics of items furnished in the system. The Contractor Furnished Equipment (CFE) shall meet or exceed the minimum requirements and shall be held responsible for the supply, performance and overall quality of the contractor’s furnished equipment. The Contractor shall provide, transport, install, and test all listed equipment. All products must meet all salient characteristics defined in this section.

2.2 All equipment and installation must meet manufacturers and VA specifications; and all equipment to be supplied under this specification shall be new and the current model of a standard product of a manufacturer of record. A manufacturer of record shall be defined as a company whose main occupation is the manufacturer for sale or the items of equipment and which:

2.2.1 Maintains a factory production line.

2.2.2 Maintains a stock of replacement parts for the item.

2.2.3 Maintains engineering drawings, specifications, operating manuals and maintenance manuals.

2.2.4 Has published and distributed descriptive literature and equipment specifications on the equipment.

2.3 The Contractor shall furnish all supplies, equipment, facilities and services required for delivery and installation of the supplies and equipment.

2.4 2.4 Contractor shall configure the system proposed to meet those functional requirements. The list of equipment provided shall not be considered all-inclusive, but shall serve as a guide for developing a complete system. The Contractor is responsible for any missing parts and components not included in order to carry out the installation.

2.5 SALIENT CHARACTERISTICS

2.5.1 (2) Large Volume Scrub Dispenser

2.5.1.1 Mechanical Steel Vending Cabinet with web-based tracking technology

2.5.1.2 Standard Hospital Electrical Outlet

2.5.1.3 Dimensions, size, capacity: 16.5”D x 52”W x 78”H holds 128 sets of clean scrub suits

2.5.1.4 Principles of operation: Restricts access to scrub suits to only authorized users. Utilizes a credit system to receive clean scrubs and requires return of soiled scrubs to add back to available credits for each authorized individual.

2.5.1.5 Each internal slot must hold a set of scrubs – pants and top

2.5.1.6 Machine must not move the scrub/linen internally to prevent potential failure points or jamming (i.e. no rotating drums moving scrubs to the access doors).

2.5.1.7 Dispense time for scrub suits (pants and top) must be 4 seconds or less

2.5.1.8 Machine must be filled by designated VA staff with VA owned scrubs

2.5.1.9 Dispenser must be able to be placed separately from soiled receiver unit

2.5.2 (2) Large Volume Remote Receiver, Packer, Video

2.5.2.1 Mechanical Steel Soiled Scrub Collection Cabinet with web-based tracking technology

2.5.2.2 Standard Hospital Electrical Outlet

2.5.2.3 Dimensions, size, capacity: 16.5”D x 52”W x 78”H

2.5.2.4 Principles of operation: Restricts access to scrub suits to only authorized users. Utilizes a credit system to receive clean scrubs and requires return of soiled scrubs to add back to available credits for each authorized individual.

2.5.2.5 Must be able to identify that both pieces of soiled scrub suits are returned

2.5.2.6 Must take an internal digital picture of each deposit to ensure that only scrub suits are returned to the machine

2.5.2.7 Must be able to be placed in a location separate from clean dispensing cabinet

2.5.3 1 System Master Kit consisting of: Web-Based Management Software

2.5.3.1 Web-based management software must be able to monitor scrub and bulk linen dispensing

2.5.4 1 Pre-installation , Installation start-up and Training

2.6 DELIVERY AND INSTALLATION

2.6.1 DELIVERY

2.6.1.1 Contractor shall deliver all equipment to the Michael E. Debakey VA Medical Center within 90 days ARO.

2.6.2 INSTALLATION

2.6.2.1 It is agreed upon and understood that the contractor shall be responsible for a complete installation. Installation to be completed by the contractor shall take place during normal working hours as stated in Paragraph VIII unless otherwise agreed upon with the COTR. Installation work shall be scheduled with the COTR who will be responsible to coordinate the work described herein. If site prep is required by the VA, this work will be coordinated between the contractor and the COTR.

2.6.2.2 All equipment shall be floor mounted by contractor upon delivery unless otherwise noted above.

2.6.2.3 Install all equipment to manufacturer’s specifications maintaining Federal, and Local safety standards

2.6.2.4 All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday – Friday. All federal holidays, excluded.

2.6.2.5 If there is an operational conflict with installation, night or weekend installation may be required. Government will provide a 72 hours' notice of change of installation hours.

2.6.2.6 The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the COR.

2.6.2.7 The Contractor shall remove all related shipping debris and cleanup any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the SLVHCS premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect.

2.6.3 SITE CONDITIONS

2.6.3.1 There shall be no smoking, eating, or drinking inside the hospital at any time.

3 INSPECTION AND ACCEPTANCE:

3.1 Upon completing installation of the system, the Contractor shall pretest the entire system. After pretesting the system, the Contractor shall notify the COTR that the system is ready for acceptance testing, and that it meets all requirements as specified. Submission of this notification of system readiness shall be accomplished by the contractor prior to the beginning of the scheduled Government Acceptance Test.

3.2 The Contractor shall conduct a joint inspection with the COR upon delivery of equipment.

3.3 Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s).

3.4 The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

4 DELIVERY/STORAGE REQUIREMENTS

4.1 Deliver materials to job in manufacturer's original sealed containers with brand name marked thereon.

4.2 Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary.

4.3 Deliver specified items only when the site is ready for installation work to proceed.

4.4 Store products in dry condition inside enclosed facilities.

4.5 Any government requested delayed delivery up to 90 days after initial negotiated delivery date, shall be at no additional cost to the Government.

5 DELIVERABLES

5.1 Operation and Maintenance Manuals

5.1.1 Digital Copies- Quantity (1) each for items 3.1 – 3.17

6 OPERATOR TRAINING:

6.1 Contractor shall provide on-site technical training of the equipment to the users and Bio medical team . Scheduling of operator training shall be coordinated with the COR after installation is complete.

6.2 Contractor shall provide training on the use and operations of the equipment. Cost for training is included in the contract price and shall be conducted at the facility at the discretion of the COR. Training shall include on-site orientation and training of using personnel in operation and care of the equipment furnished, as well as an actual demonstration of the operation of the equipment. Contractor shall provide guidance on completing any adjustments or other actions which may be undertaken by operating personnel in the event of failure of equipment, provided that such adjustment or action will in no way jeopardize the Government's rights under contract guarantee clause. Only qualified Contractor’s personnel will give this training.

7 PROTECTION OF PROPERTY

7.1 If any product awarded under this solicitation requires modification, is removed or recalled by the Contractor or manufacturer, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the Contractor or manufacturer:

7.1.1 Notify the Contracting Officer, in writing, by the most expeditious manner possible. Provide two copies of the notification which shall include, but not be limited to the following:

7.1.1.1 Complete item description and/or identification, order numbers from customers, and the contract number assigned as a result of an award on this solicitation.

7.1.1.2 Complete item description and/or identification, order numbers from customers, and the contract number assigned as a result of an award on this solicitation.

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

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

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

8 SECURITY REQUIREMENTS

8.1 GENERAL

8.1.1 Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA personnel regarding information and information system security.

8.2 2. SECURITY CLAUSE

8.2.1 A&A requirements do not apply--Security Accreditation Package is not required".

8.3 3. VA INFORMATION CUSTODIAL LANGUAGE

8.3.1 Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

8.3.2 VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure

8.3.3 VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

8.3.4 Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

8.3.5 The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

8.3.6 The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

8.3.7 If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

8.3.8 If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

8.3.9 The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

8.3.10 The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

8.3.11 Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

8.3.12 Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

8.4 SECURITY INCIDENT INVESTIGATION

8.4.1 The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

8.4.2 To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

8.4.3 With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

8.4.4 In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover.

8.5 LIQUIDATED DAMAGES FOR DATA BREACH

8.5.1 Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

8.5.2 The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

8.5.3 Each risk analysis shall address all relevant information concerning the data breach, including the following:

8.5.3.1 Nature of the event (loss, theft, unauthorized access);

8.5.3.2 Description of the event, including:

8.5.3.2.1 Date of occurrence;

8.5.3.2.2 Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

8.5.3.3 Number of individuals affected or potentially affected;

8.5.3.4 Names of individuals or groups affected or potentially affected;

8.5.3.5 Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

8.5.3.6 Amount of time the data has been out of VA control;

8.5.3.7 The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); VA information, obtain monetary or other

8.5.3.8 Known misuses of data containing sensitive personal information, if any;

8.5.3.9 Assessment of the potential harm to the affected individuals;

8.5.3.10 Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

8.5.3.11 Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

8.5.4 Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

8.5.4.1 Notification;

8.5.4.2 One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

8.5.4.3 Data breach analysis;

8.5.4.4 Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

8.5.4.5 One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

8.5.4.6 Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

8.6 CONFIDENTIALITY AND NONDISCLOSURE

8.6.1 It is agreed that:

8.6.1.1 The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

8.6.1.2 The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

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

9 WARRANTY

9.1 The Contractor warrants that the system will be free from defects from materials and workmanship under normal use for a period of not less than one (1) year for equipment defined herein. Contractor will replace or repair equipment if necessary to the satisfaction of the Government. Contractor shall provide a copy of the written warranty upon delivery of the equipment.

9.2 The COTR or designated alternate is the Contractor’s reporting and contact official for all service calls required.

9.3 Warranty repairs shall be completed during normal operating hours.

9.4 Response Time: Contractor's FSE must respond with a phone call to the COTR or his/her designee within one (1) hour after receipt of telephoned notification. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) without within twenty-four (24) hours of receipt of the first notification or as approved by the COTR. All required repairs shall commence without undue delay.

9.5 All work shall be performed and equipment shall function in conformance with all VA safety standards, manufacturer's/industry standards, the latest published edition of NFPA 99, FDA, OSHA, JCAHO, ISO 9000, UL and other applicable state, local, national and industry standards. Equipment shall meet the facilities (Electromagnetic Compatibility) for EIC 601-1-2 CE, CSA, ETL Approved to U.L. 2601-1, second edition.

9.6 The warranty shall include all travel and shipping costs associated with any warranty repair.

Work Hours:

Normal business hours are 7:30AM to 4:30PM Monday thru Friday excluding Federal Holidays. Work completed outside this time must be requested through the COR and approved by the CO.

Requests for after-hours work must be submitted in writing to the COR and CO. Coordinator two (2) weeks prior to work. The VA requires that information submitted must contain: extent of work, workers involved, the affected areas, and the estimated times of operation.

ID Badges:

All workers are required to obtain a time-limited I. D. badge from the VA Police Service located in the main building, room 1A-74. This badge must be worn at all times when workers are on site.

GOVERNMENT OBSERVED HOLIDAYS: The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

However, contractor may have 24-hour access to site through COR assistance as needed in emergency situations.

a. TYPE OF CONTRACT: A firm-fixed-price agreement.

b. INVOICES & METHOD OF PAYMENTS: All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

These invoices shall be sent in arrears following completion of services rendered and billed for.

At a minimum, all invoices shall include the following details:

Description of the services rendered Billing period in which the services were rendered

Correct purchase order number which will be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.

Invoice number and date

Payments will be made in accordance with the prompt payment act out of the Government annual appropriated funds obligated in a purchase order which will be issued after the contract is awarded.

(VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2015), applies to this acquisition.

c. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

a. Quotes shall be submitted with a written acknowledgement of solicitation amendments on the SF 30 if any are submitted during the solicitation period.

b. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. E-mail quotes are acceptable and can be sent to Kever.swafford@va.gov

c. At a minimum the contractor shall provide the following information:

a) Point of contact name, telephone and E-mail address.

b) DUNS Number

d. Vendor shall have an active registration in System for Award Management (SAM) found at https://www.sam.gov/portal/SAM/#1 in order to be eligible for contract award. In addition, vendor shall also complete Representations and Certifications electronically in SAM.

d. OFFERORS OR QUOTERS ARE URGED AND EXPECTED TO INSPECT THE SITE WHERE SERVICES ARE TO BE PERFORMED AND TO SATISFY THEMSELVES REGARDING ALL GENERAL AND LOCAL CONDITIONS THAT MAY AFFECT THE COST OF CONTRACT PERFORMANCE, TO THE EXTENT THAT THE INFORMATION IS REASONABLY OBTAINABLE. IN NO EVENT SHALL FAILURE TO INSPECT THE SITE CONSTITUTE GROUNDS FOR A CLAIM AFTER CONTRACT AWARD.

(IX) FAR 52.212-2, Evaluation - Commercial Items (Oct 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a).

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

Evaluation will be based on:

(1) Technical Quote Offeror must submit a quote with a detailed Specifications that meet the requirements listed above, Brand Name or Equal Product.

11.) Price.

Government intends to award a LPTA, firm fixed-price contract, on an all or none basis with payment terms of Net 30. Price will be evaluated for reasonableness and fairness in accordance with FAR 8.405-2 (d). The offerors’ prices will be compared to each price proposal received from other competitive offerors.

(a) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Offeror shall list exception(s) and rationale for the exception(s).

Offerors must complete annual representations and certifications on-line at http://www.acquisition.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.”

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

· 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

· 52.204-4 Printed or Copied Double Sided on Postconsumer Fiber Content Paper (MAY 2011)

· 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

· 52.212-4 Contract Terms and Conditions –Commercial Items (JAN 2017)

· 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

· 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2017)

· 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

· 52.222-19 Child Labor--Cooperation with Authorities and Remedies (OCT 2016)

· 52.222-35 Equal Opportunity for Veterans (OCT 2015)

· 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

· 52.222-37 Employment Reports on Veterans (FEB 2016)

· 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

· 52.222-50 Combating Trafficking in Persons (MAR 2015)

· 52.222-54 Employment Eligibility Verification (OCT 2015)

· 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

· 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

· 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (JUL 2013) (End of Clause) 852.203-70 Commercial Advertising (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JULY 2016) (DEVIATION)

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

(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);

(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; and

(iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (http://www.VetBiz.gov).

(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 service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for:

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns;

(2) Supplies (other than acquisition from a non-manufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other eligible service-disabled veteran-owned small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other eligible service-disabled veteran-owned small business concerns.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.

(4) The joint venture meets the requirements of 13 CFR 125.15(b).

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) 852.232-72 Electronic Submission of Payment Requests (NOV2012)

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause) 852.246-70 Guarantee (JAN 2008) The contractor guarantees the equipment against defective material, workmanship and performance for a period of one year, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.

(End of Clause) 852.246-71 Inspection (JAN 2008) Rejected goods will be held subject to contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the contractor’s address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor’s account.

(End of Clause) 52.209-5 Representation by Corporations Regarding an Unpaid Tax Liability or a Felony Conviction Under Any Federal Law(Deviation) (March 2012) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. During the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has o has not o , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Priced contract resulting from this RFQ.

(End of Provision)

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston, TX 77030

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision) 852.233-70 Protest Content/Alternative Dispute Resolution (JAN 2008)

(a) Any protest filed by an interested party shall:

(1) Include the name,…