36C25621Q1805 -Walk in Freezer and Coolers.pdf

36C25621Q1805

Request for Quote: 36C25621Q1805

1.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Requirement is being evaluated under the procedures of

FAR Part 13. As such, in accordance with FAR 13.106-2(b)(3), the quotes will undergo a comparative analysis evaluation to determine which vendor provides the best value to the government in terms of technical capability, past performance, delivery schedule while also providing a competitive price.

2. The combined synopsis/solicitation number is 36C25621Q1805. It is issued as a Request for

Quote. The Government anticipates awarding one firm-fixed price purchase order resulting from this solicitation.

3. Solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2021-05 (eff. 03/10/21), VAAR Update 2008-28 (eff.

1/27/21)

4. This requirement is a Full and Open (Unrestricted). The North American Industry

Classification System number is 333415 with a size standards in number of employees 1250.

5. Place of Performance: Alexandria VA Medical Center (AVAMC), BLDG 136

WAREHOUSE, 2195 Shreveport Hwy, Pineville, LA 71360.

6. Delivery: Sixty (60) Days After Receipt of Order.

7. All questions regarding this solicitation shall be submitted via email to Contracting Officer, Anthony Marion at anthony.marion2@va.gov no later than 10:00A.M. Central Standard Time on

September 3, 2021.

8. Site Visit (required): Date: September 2, 2021 (Contractor shall confirm via email to

Anthony.marion2 @va.gov and Emily.Baker2@va.gov if they plan to attend).

Time: Site visit will commence promptly at 9:00 am (est)

Location: Building 4, Nutrition and Food Service, 2495 Shreveport Hwy, Pineville, LA 71360

Point of Contact (On Site): Emily Baker/Laura Carley

Email: Emily.Baker2@va.gov

Phone: 318.664.1628

9. Quotes are due no later than September 8, 2021 at 10:00A.M. Central Standard Time and shall be submitted electronically via e-mail to the Contracting Officer, Anthony Marion at anthony.marion2@va.gov

SECTION A

A.1 APPLICABLE Provisions and Clauses

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under

52.252-2 (see below), starting first with FAR and followed by VAAR.

SECTION B-

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] After Delivery and Acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

FREEZER (BOX 205): FREEZER INTERNAL DIMENSIONS 18 3/4" X 10' -

3" X 8'-6" DOORS: 2-36" X 78" HINGED DOOR IN A 48" X 94" PANEL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

WALK-IN COOLER (BOX 206): INTERNAL DIMENSIONS: 13'-2" X 10'-3"

X 8'-6" DOORS: 2 - 36" X 78" HINGED DOOR IN A 48" X 94" PANEL

FREEZER INTERNAL DIMENSIONS 18 3/4" X 10' -3" X 8'-6" DOORS: 2-

36" X 78" HINGED DOOR IN A 48" X 94" PANEL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

FREEZER (BOX 212): INTERNAL DIMENSIONS: 17' X 15' -10" X 8'-6"

DOORS: 2 - 36" X 78" HINGED DOOR IN A 48" X 94" PANEL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

WALK-IN COOLER(Thaw Box- 213) COOLER: INTERNAL DIMENSIONS:

7'-2 1/2" X 15'-10" X 8'-6" DOOR 1: 48" X 78" HINGED DOOR IN A 69" X

94" PANEL DOOR 2: 36" X 78" HINGED DOOR IN A 46" X 94" PANEL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

DUAL WALK-IN COOLER:(BOX 221)-Vegetable Salad Cooler -COOLER

INTERNAL DIMENSIONS: 14' X 4 3/4" X 13'-7" DOORS: 2 -36" X 78"

HINGED DOOR IN A 48" X 94" PANEL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

DUAL WALK-IN COOLER:(BOX 222)-Dairy Cooler -COOLER INTERNAL

DIMENSIONS: 14' X 4 3/4" X 13'-7" DOORS: 2 -36" X 78" HINGED DOOR

IN A 48" X 94" PANEL

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

AIR CURTAINS/DOORS/ACCESSORIES

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

5.00 EA __________________ __________________

LEASE OF PORTABLE UNITS - ONE MONTH

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

FREIGHT - ALL UNITS

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

1.00 JB __________________ __________________

INSTALLATION

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

WARRANTY

PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Alexandria VA Medical Center Warehouse, Bldg. 136 2495 Shreveport Hwy, Pineville, LA 71360

USA

1.00 60 Days After Receipt of Order

(ARO)

MARK

FOR:

Laura Cearley 318-466-4558 laura.cearley@va.gov

0002 SHIP TO: Alexandria VA Medical Center Warehouse, Bldg. 136 2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0003 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0004 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0005 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0006 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0007 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0008 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy,

5.00 60 Days After

(ARO)

MARK

FOR:

Laura Cearley

0009 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0010 SHIP TO: Alexandria VA Medical Center Warehouse, Bldg. 136 2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

0011 SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, (ARO)

MARK

FOR:

Laura Cearley

B.4 STATEMENT OF WORK (SOW)

STATEMENT OF WORK (SOW)

FOR

WALK-IN FREEZERS AND COOLERS WITH TEMPORARY LEASE

ALEXANDRIA VAHCS

1. DESCRIPTION: The contractor shall provide all labor, transportation, shipping, personnel, equipment, and tools to deliver, assemble and install new walk-in freezers and coolers located on the second floor in the Healthcare Service System Kitchen at the Alexandria VA Medical

Center, Warehouse Building 136 in Pineville, LA 71360. The contractor shall also provide a temporary lease of portable walk-in refrigeration units.

2. BACKGROUND: The walk-in refrigeration equipment is designed to be used in food preparation and service operations and uniquely suited for food service facilities. The contractor shall assemble and install the freezers and coolers in accordance with the manufacturer’s specific instructions. This will include, but is not limited to manufacturing, purchasing, shipping, uncrating, assembly, removal of all shipping materials, and cleanup of site. The current equipment is outdated, past its life expectancy and beyond economical repair. Contractor shall dismantle, remove and properly disposed of in accordance with applicable state laws and regulations.

3. GENERAL STANDARDS: All units shall have National Sanitation Foundation (NSF) approved interiors and exteriors to provide a safe and sanitary environment with nonskid floors, antimicrobial gel coating, and rounded corners. Walks-ins shall meet or exceed all Occupational

Safety and Health Administration and Board of Health Standards. The design and functionality of the equipment shall utilize the Imperial System. Special finishes for the walk-in interiors, verticals and ceiling shall be made of 22-gauge, smooth stainless-steel construction for durability and easy clean-up. The interior floors shall be made of Aluminum Smooth (10 GAUAGE .100” thick) and conform with stringent safety requirements and be NSF approved for food service facility use.

4. DETAILED INSTALLATION REQUIREMENTS: The contractor shall:

• Disconnect the existing walk-in freezer and cooler racks from all mechanical connections, recover refrigerant and dispose of it properly, disconnect and remove the existing walk-in panels and evaporator coils from the kitchen, remove the refrigeration rack and all refrigeration line sets, prepare the site for the new walk-ins and condensing units.

• Receive the new walk-ins and refrigeration systems, erect the walk-in panels, hang evaporator coils and lights, pipe the evaporator coils drains insulation where needed, pipe the refrigeration systems into a vacuum and check for leaks, charge the systems with refrigerant, mount and connect air curtains to make final electric connections to condensing units, evaporator coils and lights, start-up the system, seal the walk-ins to the walls, calibrate, remove debris and make ready for use.

5. DETAILED TECHNICAL SPECIFICATIONS: Currently, the cooler and freezer boxes have air strip curtains installed on each interior door frame. Each newly installed cooler/freezer box shall be outfitted with NSF approved air curtains/air doors on the interior door frames. The replacement commercial grade refrigeration system needs to include 4 medium temperatures (35-

41 degrees F), air defrost, walk-in cooling units and 1 low temp (0 degrees F), electric defrost, walk-in freezer complete units. The leased units shall be ground resting and located in the parking lot with standard dimensions of no larger than 8’ x 20’. The temperature range is -10F to

45F. The walk-in units shall have no stairs to climb, diesels costs, excessive noise or smells coming from the unit. The external and internal dimensions of the walk-in units (exclusive of the leased units) are below and floor plans attached for details specific to the layout of the units in the kitchen.

• Cooks Cooler (Box 206)

i. Internal Dimensions: 13’-2 “ x 10’- 3 ” x 8’-6”

ii. Doors: 2 – 36” x 78” hinged door in a 48” x 94” panel

• Freezer (Box 205)

i. Internal Dimensions of 18 ¾ “ x 10’ - 3” x 8’-6”

• Dairy Cooler / (Box 222)

i. Internal Dimensions: 14’- 4 ¾ “ x 13’-7”

• Vegetable Salad Cooler (Box 221)

i. Internal Dimensions: 14’- 4 ¾ “ x 13’-7”

• Thaw Box (Box 213)

i. Internal Dimensions: 7’- 2 ½” x 15’-10” “ x 8’-6”

ii. Door 1: 48” x 78” hinged door in a 69” x 94” panel

iii. Door 2: 36” x 78” hinged door in a 46” x 94” panel

• Freezer Box (Box 212)

i. Internal Dimensions: 17’ x 15’-10” x 8’-6”

6. SPECIAL NOTES: The kitchen is located on the second floor. Contractor is responsible for installing equipment and moving equipment to the second floor using the winding stairwell

(width of 5’ 5”), elevators (dimension of 7’-6” length x 6’-6 ¾ “ width x 7’-3 ½” height) and/or walk-ways with exterior doors. A site visit will be required, and coordination will be provided in the solicitation phase. The contractor shall verify dimensions at the site visit. Also, installer is responsible for demolition and disposal of cooler / freezer boxes. The cooler/freezer shelving is to be retained for use in the new coolers. An exterior load center is to be provided by the VAMC with all required power for the new condensing units. Power is to be piped from the load center to the condensing units by the installer. There are no provisions for: the modification of the building or the kitchen building’s mechanical system, any work to the building’s sprinkler system or fire system, or for the handling of food or storage racks.

7. DELIVERY: Contractor shall deliver and install all equipment within 12 weeks (90 Days) of effective contract award date. The lease of the portable walk-in freezers and coolers shall last as long as the new equipment is non-operational and will end the day the new equipment is accepted by the Government and fully functional.

8. SITE CONDITIONS: If during installation, and before the condition is disturbed, contact the

Contracting Officer Representative (COR) in writing of any physical condition at the site of an unusual nature from those normally encountered in performance of this type of work.

9. FINAL CLEANUP: The contractor shall ensure that the worksite is secure at all times. All debris shall be removed and properly disposed of daily. Upon completion of work, the site shall be returned to its original condition. The contractor shall provide the Contracting Officer

Representative or a Food Service Representative at the Alexandria with any manufacturer installation and care manuals at project completion.

10. ACCEPTANCE: The government will perform an acceptance test to ensure the walk-in freezer meets the requirements of section 8, to include sustaining a temperature of -10 degrees

°F. Contractor shall perform the Government Acceptance Test in the presence of the COR for proof-of-performance. The Government Acceptance Test shall be performed at a mutually agreed date and time. Upon completing the Government Acceptance Test successfully, Contractor shall document the success of this Government Acceptance Test and furnish a copy to the COR before Contractor’s Representative departs the VA premises. Payments can be withheld until final acceptance by the Government.

11. EQUIPMENTAL MANUALS: The Contractor shall furnish User Manual and reference guides for the specified equipment.

12. TRAINING: Installers shall demonstrate, free of charge, to present personnel.

13. WARRANTY: Contractor shall warrant all labor and materials in accordance with standard commercial warranty, in addition to providing a five-year warranty on all refrigeration parts, compressors, and system parts with one-year of labor.

14. INVOICE AND PAYMENT: Contractor shall invoice the MEDVAMC in arrears only after the completion of all Deliverables identified in this Statement of Work. Invoice shall be properly prepared and sent to the VA Financial Service Center at: P.O. Box 149971. Austin, Texas 78714-

8971.

The invoice shall be properly prepared in accordance with FAR 52.212-4, contain sufficient details, and at a minimum, include the following details:

a. Purchase Order/Contract number

b. Description of the supply/service rendered.

c. Billing period/date when the supply/services were rendered.

d. 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 task order which will be issued after the contract is awarded. Notes: invoices that are not in compliance with the aforementioned requirements under this paragraph will be rejected for payments and required to be resubmitted.

15. Pictures/ Drawings

Building 4, Nutrition and Food Service Kitchen Layout

Photos of Building 4, Nutrition and Food Service Freezer / Coolers

Freezer Box 205 (left) and Cooks cooler Box 206 (right)

Inside Cook’s Cooler Box:

Freezer Box 205

Cooler Boxes 221 and 222 (Dairy and Vegetable Boxes)

Freezer Box 212 – must go into box 213 to enter Box 212

Thaw Box 213

16. SITE VISIT (required)

Site Visit: Date: September 2, 2021 (Contractor shall confirm via email to Anthony.marion2 @va.gov and Emily.Baker2@va.gov if they plan to attend).

Time: Site visit will commence promptly at 9:00 am (est)

Location: Building 4, Nutrition and Food Service, 2495 Shreveport Hwy, Pineville, LA 71360

Point of Contact (On Site): Emily Baker/Laura Carley

Email: Emily.Baker2@va.gov

Phone: 318.664.1628 To get to building 4, take a left turn after you pass the light. After turning, all visitors will be stopped for COVID screening.

After screening is completed continue straight. You will pass through 2 walkways. Nutrition and

Food Service (building 4) will be on the left as you pass the second walkway.

There is available parking across the street. Government personnel will walk everyone in at the police station to get a temporary badge. After that, everyone will return to the kitchen to complete the site visit.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.219-33 NONMANUFACTURER RULE (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies to—

(1) Contracts that have been set aside, in total or in part;

(2) Orders under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F) that have been set aside for any of the small business concerns identified in 19.000(a)(3); and

(3) Orders issued directly to any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 19.504(c)(1)(ii).

(c)(1) The Contractor shall—

(i)(A) Provide the end item of a small business manufacturer, or if set aside or awarded on a sole source basis to a HUBZone small business, provide the end item of a HUBZone small business manufacturer, that has been manufactured or produced in the United States or its outlying areas; or

(B) If this procurement is an order as described in 8.405-5 or 16.505(b)(2)(i)(F) or processed under simplified acquisition procedures (see part 13), and the total amount does not exceed $25,000, provide the end item of any domestic manufacturer;

(ii) Not exceed 500 employees;

(iii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iv) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(2) In addition to the requirements set forth in paragraph (c)(1) of this clause, when the end item being acquired is a kit of supplies or other goods, 50 percent of the total value of the components of the kit shall be manufactured in the United States or its outlying areas by small business concerns. Where the Government has specified an item for the kit which is not produced by U.S. small business concerns, such items shall be excluded from the 50 percent calculation. See 13 CFR 121.406(c) for further information regarding nonmanufacturers.

(3) For size determination purposes, there can be only one manufacturer of the end product being acquired. For the purposes of the nonmanufacturer rule, the manufacturer of the end product being acquired is the concern that transforms raw materials and/or miscellaneous parts or components into the end product. Firms which only minimally alter the item being procured do not qualify as manufacturers of the end item, such as firms that add substances, parts, or components to an existing end item to modify its performance, will not be considered the end item manufacturer, where those identical modifications can be performed by and are available from the manufacturer of the existing end item. See 13 CFR 121.406 for further information regarding manufacturers.

(End of Clause)

C.2 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND

REMEDIES (JAN 2020) (JUL 2020) (DEVIATION)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech

Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United

Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding

Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the

Contractor agrees to cooperate fully with authorized officials of the contracting agency, the

Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector

General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor.

(The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in

FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of Clause)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

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

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

Index.

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[X] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes 852.219-74 Limitations on Subcontracting.

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

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

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

(End of Clause)

C.5 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING

AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the

Contracting Officer may use the services of a support contractor(s) to assist in assessing

Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

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

(End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

SHIP TO: Alexandria VA Medical Center

2495 Shreveport Hwy, MARK

FOR:

Laura Cearley

(End of Clause)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

OCT 2018

FAR

Number

Title Date

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS

JUL 2021

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at

52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the

Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

https://www.sam.gov/

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(End of Provision)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

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 of receipt from:

Hand-Carried Address:

Department of Veterans Affairs

Acquisition & Materiel Management Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298 Mailing Address:

Department of Veterans Affairs

Acquisition & Materiel Management Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

(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)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS JUL 2021

52.214-21 DESCRIPTIVE LITERATURE APR 2002

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

(End of Addendum to 52.212-1)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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.

(1) The following factors shall be used to evaluate quotations:

Technical

Past Performance

Delivery Schedule

Price

OEM Authorization Letter

*Socioeconomic Consideration

(2) Evaluation Approach. Requirement is being evaluated under the procedures of FAR Part 13. As such, in accordance with FAR 13.106-2(b)(3), the quotes will undergo a comparative analysis evaluation to determine which vendor provides the best value to the government in terms of technical capability, past performance, delivery schedule and OEM authorization letter if required, while also providing a competitive price. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). 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 shall meet the minimum requirements of the solicitation.

All offerors shall have a current registration in the System for Award Management to be considered responsive. Past Performance history will be considered for responsibility determination purposes only.

The Government will review past performance through the Contractor Performance Assessment Reports

System to assist in making the responsibility determination.

*Socioeconomic Considerations: In an effort to achieve socioeconomic small business goals, the

Government will evaluate proposed participation in performance of the contract by Service-Disabled

Veteran-Owned Small Businesses (“SDVOSB”) and Veteran-Owned Small Businesses (“VOSB”). The following clauses, which are included in the Addendum to FAR 52.212-4 and 52.212-5 in Section C in of this Solicitation, set forth what will be considered under this evaluation factor.

• VAAR 852.215-70, SDVOSB and VOSB Evaluation Factors (DEC 2009)

• VAAR 852.215-71, Evaluation Factor Commitments (DEC 2009)

• VAAR 852.219-71, VA Mentor-Protégé Program (DEC 2009)

• VAAR 852.219-72: Evaluation Factor for Participation in the VA mentor-Protégé Program (DEC

2009)

• FAR 52.219-9, Small Business Subcontracting Plan (JAN 2011)

• VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements (DEC 2009)

(b) 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.

(End of Provision)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or https://www.sam.gov/ interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on

C…