RFQ 36C25624Q0716.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Pylarify (Piflufolastat F18) Injection or F18 Prostate-Specific Membrane Antigen (PSMA) equivalent

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25624Q0716

RESPONSE DATE/TIME/ZONE 05-31-2024 16:00 EASTERN TIME, NEW YORK,

USA

ARCHIVE 8 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* 6505

NAICS CODE* 325412

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Jeneice Matthews jeneice.matthews@va.gov

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs Michael E. DeBakey VA Medical Center

(MEDVAMC)

2002 Holcombe Blvd.

Houston Texas

POSTAL CODE 77030-4211

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS jeneice.matthews@va.gov EMAIL DESCRIPTION 36C25624Q0716 - Response to RFQ

DESCRIPTION

36C25624Q0716 – Pylarify (Piflufolastat F18) Injection or F18 Prostate-Specific Membrane Antigen (PSMA) equivalent at Michael E. DeBakey VA Medical Center (MEDVAMC) located in Houston, Texas.

1. This is a combined synopsis/solicitation (CSS) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items” in conjunction with FAR Part

13.5 Simplified Acquisition Procedures for Certain Commercial Products and Commercial Services as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

2. The CSS number is 36C25624Q0716. It is issued as a Request for Quote (RFQ). The government anticipates awarding one Firm-Fixed Price contract resulting from this solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 (effective: 02/23/2024).

4. This solicitation is issued as Full and Open Competition.

5. The associated North American Industrial Classification System (NAICS) code for this procurement is 325412 – Pharmaceutical Preparation Manufacturing, with a small business size standard of 1,300 employees.

6. The FSC/PSC is 6505 – Drugs and Biologicals.

7. The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center, 2002 Holcombe Boulevard, Houston, Texas 77030 is seeking to purchase Pylarify (Piflufolastat F18) Injection or F18 PSMA equivalent for a base price of one (1) year, with four (4) additional, 1 year price period.

8. A complete description of the requirement and/or applicable government need(s) are as follows: See attached 36C25624Q0716. Contractor is required to be actively registered in the System for Award Management (SAM). Vendor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify registration and certification status.

Contracting Office:

Department of Veteran Affairs Network Contracting Office (NCO)-16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston, TX 77056

Contract Specialist:

Jeneice Matthews POC: jeneice.matthews@va.gov

Quotes in response to this RFQ are due at 3:00p.m. Central Standard Time, May 31, 2024.

Quotes shall be submitted in writing and sent via email to jeneice.matthews@va.gov . No telephone calls accepted.

Please insert “Solicitation 36C25624Q0716 Quote” in the subject line of your email.

Please contact Jeneice Matthews for questions or other inquiries about this solicitation via email at jeneice.matthews@va.gov by 3:00p.m. Central Standard Time on May 1, 2024. If questions are received, an amendment to this request for quote will be posted with all questions and answers.

mailto:jeneice.matthews@va.gov mailto:jeneice.matthews@va.gov

36C25624Q0716 Page 1 of 15

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR ADMINISTRATOR: __________________________________

CONTRACTOR POC NAME: _______________________________________

CONTRACTOR POC TELEPHONE NUMBER: _________________________

CONTRACTOR ADDRESS: ___________________________________

EMAIL ADDRESS: ___________________________________________

UEI No. __________________________________________________ CAGE Code: ________________________________________________

TAX ID ____________________________________________________

GSA/FSS, NAC, SEWP Contract No (if applicable) _______________________

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

3. INVOICES: Invoices shall be submitted in arrears:

a. Other [x] Payment for services provided under the terms of this contract will be made upon receipt and acceptance by the Government.

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.

Department of Veteran Affairs Financial Service Center (FSC) e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

5.OFFEROR SHALL COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS

SOLICITATION 36C25624Q0716 TO BE DEEMED ACCEPTABLE:

a) Section B- Contract Administration Data, Contractor contact information.

b) Section B- Price/Cost Schedule, unit price, amount, and grand total.

c) Section E- 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment http://www.fsc.va.gov/fsc/einvoice.asp

36C25624Q0716 Page 2 of 15

d) Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM).

6.EVALUATION: 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. All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award, all quoters shall be certified in the U.S. Small Business Administration (SBA) Veteran Small Business Certification (VetCert) database to receive credit as a SDVOSB at the closing of the solicitation due date and time; and at the time of award, and all quoters must be certified with SBA to receive credit as a Small Business.

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

AMENDMENT NO. DATE

36C25624Q0716 Page 3 of 15

All interested companies shall provide quotations for the following:

Supplies/Services

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 BASE:

Pylarify (Piflufolastat F

18) Injection, or F18 PSMA equivalent

130.00 LT

Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

Base Price Total Amount: _________________

1001 PRICING YEAR 1:

Pylarify (Piflufolastat F

18) Injection, or F18 PSMA equivalent

130.00 LT

Contract Period: Price Year 1 POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

Pricing Year 1 Total Amount: _________________

2001 PRICING YEAR 2:

Pylarify (Piflufolastat F

18) Injection, or F18 PSMA equivalent

130.00 LT

Contract Period: Price Year 2 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

Pricing Year 2 Total Amount: _________________

3001 PRICING YEAR 3:

Pylarify (Piflufolastat F

18) Injection, or F18 PSMA equivalent

130.00 LT

Contract Period: Price Year 3 POP Begin: 09-01-2027

36C25624Q0716 Page 4 of 15

POP End: 08-31-2028 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

Pricing Year 3 Total Amount: _________________

4001 PRICING YEAR 4:

Pylarify (Piflufolastat F

18) Injection, or F18 PSMA equivalent

130.00 LT

Contract Period: Price Year 4 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: 6505 - Drugs and Biologicals

Pricing Year 4 Total Amount: _________________

GRAND TOTAL __________________

36C25624Q0716 Page 5 of 15

B.3 DELIVERY SCHEDULE

*** FOB Destination. All shipping charges must be included in price of items. ***

ITEM

NUMBER SHIPPING INFORMATION DELIVERY DATE

0001 SHIP TO: Michael E. DeBakey VA Medical Center ATTN: Warehouse, Building 2002 Holcombe Blvd.

Houston, TX 77030 USA

September 1, 2024 - August 31, 2025

FOB: DESTINATION

1001 SHIP TO: Michael E. DeBakey VA Medical Center ATTN: Warehouse, Building

September 1, 2025 - August 31, 2026

2001 SHIP TO: Michael E. DeBakey VA

ATTN: Warehouse, Building

September 1, 2026 - August 31, 2027

3001 SHIP TO: Michael E. DeBakey VA

ATTN: Warehouse, Building

September 1, 2027 - August 31, 2028

4001 SHIP TO: Michael E. DeBakey VA

ATTN: Warehouse, Building

September 1, 2028 - August 31, 2029

36C25624Q0716 Page 6 of 15

B.4 STATEMENT OF WORK

PART I: GENERAL INFORMATION

A. Introduction The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center (MEDVAMC) located at 2002 Holcombe Blvd, Houston, TX 77030 has a requirement for positron emission tomography (PET) imaging isotopes, Pylarify (Piflufolastat F 18) Injection, specifically F18, for use in the Nuclear Medicine Department’s PET imaging procedures for diagnostic agent indicated for PET of prostate-specific membrane antigen (PSMA) positive lesions in men with prostate cancer. This acquisition is for a single award, Firm Fixed Price (FFP), indefinite delivery indefinite quantity (IDIQ) contract not to exceed (NTE) 5 years.

B. Background Pylarify (Piflufolastat F 18) Injection is a radioactive diagnostic agent indicated for PET of PSMA positive lesions in men with prostate cancer. It can be used for men with suspected metastasis who are candidates for initial definitive therapy or those with suspected recurrence based on elevated serum prostate specific antigen (PSA) level. The PSMA radiotracer has high affinity to binding to prostate cancer cells to help localize for recurrent disease. The PMSA isotope provides greater sensitivity and specificity in the localization of recurrent disease. This scan is indicated for Veteran patients who are suspected to have Prostate cancer (PCa) recurrence based on elevated PSA despite prostatectomy and/or radiation therapy to the prostate gland. Now it is also used for initial risk stratification for localized PCa, detection of biochemically recurrent (BCR) disease after radiation therapy, as well as a workup for progression. The PSMA scan takes the place of three CT studies, a Bone scan +- pelvis MRI for indications listed previously so providers are ordering the one scan as opposed to having Veteran patients going for multiple different scans. This single test provides much superior diagnostic accuracy for surgeons at MEDVAMC for planning surgery, and other providers for managing therapies and monitoring progression compared to bone and CT scans. This requirement is for Brand Name or Equivalent.

C. Scope The Contractor shall provide all single unit dose of isotopes brand name Pylarify (Piflufolastat F18) or F18 PSMA equivalent for use in MEDVAMC Nuclear Medicine PET diagnostic imaging. The Contractor shall meet all Nuclear Regulatory Commission (NRC), Department of Transportation (DOT), U.S. Food and Drug Administration (FDA), Occupational Safety and Health Administration (OSHA) and all other agency rules and regulations (Federal and State).

The items identified in Section F. Schedule of Supplies/Services represent all required items that the designated MEDVAMC Contracting Officer’s Representative (COR)/ VA Point of Contact (POC) assigned to the Nuclear Medicine Department at the MEDVAMC may order during each price period.

D. Period of Performance: Contract is awarded as a one (1) year base price, with four (4) additional, 1 year pricing periods to extend the contract one year at a time, for a total period of 5 pricing years.

PRICING PERIODS:

Base: September 1, 2024 – August 31, 2025 Pricing Year 1: September 1, 2025 – August 31, 2026 Pricing Year 2: September 1, 2026 – August 31, 2027 Pricing Year 3: September 1, 2027 – August 31, 2028 Pricing Year 4: September 1, 2028 – August 31, 2029

36C25624Q0716 Page 7 of 15

E. Applicable Documents The Contractor/supplier shall abide by Title Code of Federal Regulation (CFR 10): 10 Code of Federal Regulations Part 35: United States Nuclear Regulatory Commission- Medical Use of Byproduct Material 49 Code of Federal Regulations Part 173 Subpart I: Class 7 (Radioactive) Materials Department of Veteran Affairs Materials Permit: Reference # 03-01082-01 Amendment # 77.

F. Schedule of Supplies /Services Contractor shall provide radioactive isotopes to the MEDVAMC, 2002 Holcombe Blvd., Houston, Texas 77030, in unit dose, annually in accordance with Veteran patient requirements from:

ITEM

DESCRIPTION OF SUPPLIES/SERVICES YEAR

QTY

UNIT UNIT

PRICE

TOTAL

PRICE

0001 Pylarify (Piflufolastat F 18) Injection, or F18 PSMA equivalent

Min:

Max:

130 DS

Subtotal Yearly Value:

G. Acceptance: The Radioactive Isotopes must be delivered on an as needed basis with orders being called in by the designated COR/ VA POC.

PART II: REQUIREMENTS

H. Ordering Requirements

1. The Contractor shall provide Contractor personnel for orders to be placed by the MEDVAMC employees for Pylarify (Piflufolastat F18) Injection or F18 PSMA equivalent during standard hours of care Monday through Friday from 7:00a.m. Central Standard Time (CST) until 5:00p.m. CST, not including Federal holidays.

2. The Contractor shall receive orders for Pylarify (Piflufolastat F 18) Injection, or F18 PSMA equivalent from the designated MEDVAMC COR/ VA POC assigned to the Nuclear Medicine Department at the MEDVAMC. The Contractor shall ensure the MEDVAMC Nuclear Medicine Department VA POC name and contact information that placed the order is included with the Contractor’s internal order processing system so that the Contractor can immediately verify who placed the order at the VA’s request.

3. The Contractor shall calibrate all Radiopharmaceutical doses to ensure proper activity ranges of +/- 20 percent of the specified ordered dose per specific requirements provided by the Nuclear Medicine department based on guidelines outlined in 10 CFR Part 35.

4. Orders may be placed orally, in writing, or by electronic means. Specific personnel authorized to place orders under this contract must be designated in writing upon award of the contract.

5. The Contractor shall notify MEDVAMC Nuclear Medicine department should the inability arise to provide Radiopharmaceutical doses by the required date and time. Notification shall be made within two (2) hours of the Contractor becoming aware of the inability to provide the required doses.

I. Delivery Requirements

36C25624Q0716 Page 8 of 15

1. The Contractor shall deliver ordered Radiopharmaceutical doses to:

Department of Veterans Affairs Michael E. DeBakey VA Medical Center ATTN: Nuclear Medicine PET Department Room 1A-822A

Houston, Texas 77030

NOTE: Access to MEDVAMC during non-business hours shall be obtained by locating the VA Police located in the Emergency Department. The VA Police must accompany the delivery person to the Nuclear Medicine department and supervise the delivery.

2. The Contractor shall ensure all orders are delivered at least sixty (60) minutes of the calibration time specified on the order.

(a) Normal business hours are 7:00a.m. to 5:00p.m. CST, Monday through Friday. All other hours are considered after “normal business” hours. All charges incurred for delivery shall be included in the fee schedule to include fuel surcharges.

3. The Contractor shall provide a packing slip accompanying all Radiopharmaceutical shipments to the Nuclear Medicine PET department for all orders placed that is compatible to be scanned into the BioDose system.

4. The Contractor shall ensure that all Radiopharmaceutical doses provided are compounded and calibrated by or under the supervision of a certified Nuclear Pharmacist Contractor.

5. The Contractor shall provide courier service licensed to transport radioactive material in accordance with DOT, NRC, and other applicable regulating authorities enabling the delivery of radioactive isotopes. Delivery will be made, for the times indicated in this contract to PET 1A-822A.

Contractor shall provide routine delivery and pick-up as many times as required. The Contractor shall be required, as deemed necessary by the MEDVAMC, to furnish such services as specified.

6. Deliver date and time of specified or mutually agreed to at the time of receipt of telephone order shall become mandatory upon the Contractor. Failure to perform in accordance with the delivery commitment may be grounds for termination of contract in accordance with the provisions for default.

J. Additional Requirements

1. An order may be cancelled by the Customer at no charge any time before 8:00AM local time at the radiopharmacy delivering the dose on the date of expected delivery as requested and confirmed.

Cancellation requests must be made directly to the pharmacy filling the dose. Cancellations made by the Customer after that time will incur a cancellation fee of $400.00 per dose.

2. Contractor will establish monthly invoice to the Nuclear Medicine Supervisor in addition to quarterly and annual usage reports that coincide with the VA fiscal year.

K. Government Responsibilities: The Government shall ensure all orders for doses be placed by the MEDVAMC to the Contractor in accordance with currently accepted Contractor guidelines.

PART III: SUPPORTING INFORMATION

36C25624Q0716 Page 9 of 15

L. Place of Performance: All supplies shall be delivered to the:

Department of Veterans Affairs Michael E. DeBakey VA Medical Center 2002 Holcombe Blvd.

Nuclear Medicine PET Department, Room 1A-822A Houston, Texas 77030

M. Parking: It is the responsibility of the Contractor personnel to park at the appropriate designated parking areas. The government does not validate or make reimbursement for parking violations of the contractor personnel under any circumstance.

N. The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation Standards All applicable Federal, State, Local and Industry: Laws, Policies and Standards as applicable to the proper performance afore and hereafter described.

O. Glossary

CO Contracting Officer CDR Contract Deficiency Report DOT Department of Transportation FDA U.S. Food & Drug Administration MEDVAMC Michael E. DeBakey VA Medical Center NRC Nuclear Regulatory Commission OEM Original Equipment Manufacturer OSHA Occupational Safety and Health Administration VA Department of Veteran Affairs The Joint Commission, formerly, Joint Commission Accreditation of Healthcare Organizations (JCAHO) Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

P. Safety: Safety precautions shall include, but are not limited to the following requirements:

a) Occupational Safety and Health Act (OSHA)

b) Applicable State and Local Safety Operation Procedures

c) VA Safety Practices and Policies, VAMC standard operating procedures, and any other Federal, State, and Local regulations pertaining to the items listed for this contract.

d) The Joint Commission

Q. Privacy Information: The Contractor will not have access to VA desktop computers, nor will they have access to online resources belonging to the government while conducting services. The Contractor personnel shall secure (in a sealed envelope) and relinquish any documentation found anywhere on the VA grounds that contains sensitive VA patient and/or government information such as privacy information within 60 minutes of finding such documentation to the Privacy Officer, MEDVAMC. If the Privacy Officer is not available, please relinquish any documentation found to the VA Police Services in Building 100, first floor.

36C25624Q0716 Page 10 of 15

R. Security: The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

S. Invoicing/ Billing Requirements:

1.1 The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp ).

1.2 Payment for services provided under the terms of this contract will be made within 30 (thirty) days after completion of work and upon receipt of a properly executed invoice.

1.3 Invoices shall be properly prepared in accordance with FAR (Federal Acquisition Regulation) 52.212-4.

1.4 Invoices will be returned when documentation is missing, inaccurate or incomplete. Invoices shall include, at a minimum, the following information:

a) Company Name, Address, and telephone number

b) Invoice Date and Number

c) PO (Purchase Order) number and Order Number (if applicable);

d) Description, quantity, unit of measure, unit price and extended price of the items delivered.

e) Name and Title of Contact to notify in event of defective invoice.

1.5 The Contractor shall contact the VA POC and Contracting Officer if they do not receive payment within 45 calendar days of submission of a proper invoice. The VA POC will be responsible to cross reference all shipping/packing slips against invoices submitted for payment for accuracy. The Contracting Officer will contact the Contractor for resolution of any discrepancies.

T. Changes to Statement of Work: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and such changes must be executed bi-laterally in accordance with FAR 52.212-4(c). The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which must affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment must be made in the contract price to cover any increase in costs incurred as a result thereof.

(End of Statement of Work) https://www.fsc.va.gov/einvoice.asp

36C25624Q0716 Page 11 of 15

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. ADDENDUM FAR 52.212-1, “Instructions to Offerors–Commercial Products and

Commercial Services (NOV 2021)” 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:

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

INSTRUCTION TO OFFEROR(S):

This solicitation is issued Full and Open Competition under Federal Acquisition Regulation 12 and 13.5, Simplified Procedures for Certain Commercial Items. This solicitation is to establish a Firm Fixed Price contract.

SUBMISSION OF QUOTE INSTRUCTIONS:

Quotation shall be received no later than 3:00p.m. Central Standard Time on May 31, 2024. Quote shall be submitted electronically through email addressed to Jeneice Matthews, Contract Specialist at jeneice.matthews@va.gov .

The Contractor shall be registered in www.sam.gov to receive government contracts to be considered for award.

Offeror shall complete 36C25624Q0716 and submit the following:

a. The Contractor shall submit a price for all Contract Line-Item Number (CLIN) of the solicitation.

b. Provide all CLIN items listed in this solicitation 36C25624Q0716 that are annotated in the Price/Cost Schedule. See FAR Clause 52.212-2 Addendum for basis for award. The price quote shall be legible, specific, and complete in every detail.

Note: Pricing shall be all inclusive, for example, shipping cost/price must be rolled into the line item of the product and not separated as a separate line item.

c) Section B- Contract Administration Data, Contractor contact information.

d) Section B- Price/Cost Schedule, unit price, amount, and grand total.

e) Section E- 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

f) Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM).

The Contractor’s past performance history will be evaluated by the government for the purpose of a responsibility determination.

The following solicitation provisions apply to this acquisition:

• FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

• FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

http://acquisition.gov/comp/far/index.html http://www.sam.gov/

36C25624Q0716 Page 12 of 15

• FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020)

• FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

• FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

• FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

• FAR 52.211-6 BRAND NAME OR EQUAL AUG 1999

• FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

• FAR 52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

• FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

• FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND

REPRESENTATION (JUN 2020)

• FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

• VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

• VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT

2018)

• VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

• VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY

NOTICE (FEB 2023)

2. ADDENDUM FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(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:

(1) Technical

(2) Price

(3) Past Performance

The Contractor shall be registered in SAM.gov https://sam.gov to receive government contracts to be considered for award.

The Contractor shall be certified in the U.S. SBA VetCert database to receive credit as a SDVOSB at the closing of the solicitation due date and time, and at the time of award.

The Contractor shall be certified with SBA to receive credit as a Small Business.

The Government will determine the merits of each offer on the basis of (1) its acceptability, and (2) its price reasonableness.

Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

36C25624Q0716 Page 13 of 15

Under Factor 1 Technical, the quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as set forth herein the Statement of Work, outlined in the solicitation and based on the information requested in the instructions to offers section of this solicitation. Acceptability: If providing an ‘equal’ product, comply with FAR 52.211-6, Brand Name or Equal. ‘Equal’ product must meet all salient characteristics to be considered technically acceptable. An offer is acceptable when quote clearly evidences the Offeror’s compliance, without exception, to meet the minimum requirements set forth herein the Statement of Work and in this solicitation.

Under Factor 2 Price, the Government will evaluate the quoted price for reasonableness by adding the total of all line item prices, including all options. The government will also compare the proposed price quotes submitted by other offers.

Offeror(s) must include place of manufacture with their technical quote (include US city, state and ZIP+4; or foreign country). Failure to provide this information may render your quote ineligible for award.

Past Performance: The government will review past performance for responsibility determination purposes only. The government will review government systems such as CPARS, Federal Awardee Performance and Integrity Information System (FAPIIS), Past Performance Information Retrieval System (PPIRS) and other government systems. Offerors with no relevant past performance history will not be evaluated favorably or unfavorably.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

3. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services (DEC 2022)

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR https://www.sam.gov/portal

36C25624Q0716 Page 14 of 15

52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

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

PRODUCTS AND COMMERCIAL SERVICES

• FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.203-16 PREVENTING PERSONAL CONFLICTS OF

INTEREST

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

NOV 2023

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 PRODUCTS AND COMMERCIAL

SERVICES

DEC 2022

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

MAR 2023

52.216-18 ORDERING AUG 2020

52.216-19 ORDER LIMITATIONS OCT 1995

52.216-22 INDEFINITE QUANTITY OCT 1995

52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989

52.217-7 OPTION FOR INCREASED QUANTITY—

SEPARATELY PRICED LINE ITEM

MAR 1989

52.217-9 OPTION TO EXTEND THE TERM OF THE

CONTRACT

MAR 2000

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.247-34 F.O.B. DESTINATION NOV 1991

• VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

• VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

• VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL

BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

• VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

• VAAR 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM

REQUIREMENTS (JAN 2023) (DEVIATION)

• VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

• VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

• VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

36C25624Q0716 Page 15 of 15

• VAAR 852.246-71 REJECTED GOODS (OCT 2018)

• VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

All quoters shall submit the following:

a) 36C25624Q0716

b) Section B- Contract Administration Data, Contractor contact information.

c) Section B- Price/Cost Schedule, unit price, amount, and grand total.

d) Section E- 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services Equipment

e) Submit manufacturer authorized distributor letter, cut sheets, and specifications if vendor is not the Original Equipment Manufacturer (OEM).

Quote shall be sent electronically to:

Network Contracting Office 16 Commercial Acquisitions Team -Houston

Jeneice Matthews, Contract Specialist Email: jeneice.matthews@va.gov

Telephone calls are not acceptable.

36C25624Q0716 _PROVISION FAR 52.204-24 1

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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—

36C25624Q0716 _PROVISION FAR 52.204-24 2

(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);

(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— https://www.sam.gov/

36C25624Q0716 _PROVISION FAR 52.204-24 3

(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