36C77619Q0018-000.docx

FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 R Solicitation for EES Closed Captioning Services Responses should be emailed on or before March 14, 2019 at 10amCDT 63123 36C77619Q0018 03-14-2019 N 561492 Department of Veteran Affairs Program Contracting Activity Central 11152 South Towne Square Saint Louis MO 63123 Wanakee Strickland Wanakee.Strickland@va.gov Virtual From Vendors Location

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address Department of Veterans Affairs Program Contracting Activity Central 11152 South Towne Square Saint Louis, MO 63125

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” and FAR subpart 13.5, Simplified Procedures for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The government anticipates awarding a five (5) year, Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) Contract resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-101, effective 10/29/2018.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561492 Closed Captioning Services with a small business size standard of $15 Million. This solicitation is a 100% set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSBs). Quoters must be verified in the Vendor Information Pages (VIP), https://www.vip.vetbiz.va.gov/, at the time of receipt of quotes and at the time of award.

The Department of Veterans Affairs Program Contracting Activity Central at 11152 South Town Square, St. Louis, MO. 63125 is soliciting quotations from SDVOSBs for Broadcast and Video Closed Captioning Services. The contractor shall provide all personnel, equipment, tools, materials, supervision, and services necessary to perform real-time closed captioning services for live web-based broadcasts, virtual conferencing applications (webinars), and live satellite broadcasts. Additionally, the contractor shall provide all personnel, equipment, tools, materials, supervision and services necessary to perform closed captioning services for pre-recorded video programming.

All interested companies shall provide quotation(s) for the Services described in the attached Exhibit 1- Performance Work Statement

Place of Performance: See Exhibit 1- Performance Work Statement

BASIS OF AWARD

Award will be made based on the item(s)/service(s) offered that best meets Governments requirement, considering technical acceptability and price. Quotes will be reviewed by qualified evaluators to initially determine their acceptability. Each quote must contain all the information required by the RFQ. A quote may be determined to be unacceptable if required information is missing or if the quote materially deviates from the requirements of the RFQ. Unacceptable quotes will not be considered for further evaluation or selection. A responsibility determination will be made in accordance with FAR 9.1, Responsible Prospective Contractors.

EVALUATION FACTORS

FACTOR 1 – Capability Understanding the Performance Work Statement(PWS):

Quoter must demonstrate by providing two examples of functional and operational knowledge of operations work occurring within the last 12 months, for each of the following criteria:

· closed captioning services request and delivery workflows performance quality control

· workload estimates

· real-time closed captioning for satellite

· Line 21 captioning deliveries to closed caption encoders,

· Adobe Connect caption pod

· web portal delivery

· off-line captioning

· transcription services.

Technical and Analytical approaches to PWS:

Quoter must demonstrate, by providing two examples, including technical approach descriptions, for work occurring within the last 12 months, for each of the following requirements.

· Line 21 real-time captioning deliveries to closed caption encoders

· Telephonic and IP delivery for real-time captioning

· Adobe Connect captioning

· web portal captioning deliver

· off-line captioning and file formats

· transcription services

FACTOR 2 – Price This is a competitive requirement; the award will be made based on technical acceptability and price. Complete the Price Cost Schedule (Exhibit 2), and submit as a separate document. Not completing the pricing will result in unsuccessful quote. Price will be evaluated based on the total aggregate cost of the five-year period of performance.

INVOICING

The Contractor shall submit invoices per the following instruction below:

Invoice Submission. Invoices shall be submitted monthly in arrears, and will be approved based upon services received. See invoice instructions via the following link:

At the very minimum, the invoice must include all required information as instructed on the above referenced website. In addition, the invoice must also include the following information:

1. Invoice Number and Date

2. IDIQ Contract number AND Task/Delivery Order Number;

3. Description, quantity, unit of measure, unit price and extended price of the items delivered;

4. Certification language below MUST be stated and completed for all invoices submitted.

In accordance with FAR 52.232-32 (m) the Contractor shall make the following certification in each request for performance-based payment. The following certification language must be stated and completed for ALL invoices submitted.

I certify to the best of my knowledge and belief that—

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government’s title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

The COR or Designee will log in the invoice and will determine if the billed services have been satisfactorily performed. If it is determined that the amount billed is incorrect, the COR or Designee will contact the Contractor and request the Contractor to submit a revised invoice.

The Contractor shall execute a “Contractor’s Closeout Form” at the time of contract closeout to be provided by the Government. One copy shall be kept in the Contractor’s files. If the Contractor has any questions regarding payment status of an individual task/delivery order, he/she shall contact the Contracting Officer/Contract Specialist.

CONTRACTING OFFICER’S REPRESENTATIVE

(a.) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR) or Authorized Ordering Official (AOO). Such designation (s) shall specify the scope and limitations of the authority so delegated: provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b.) The COR will be delegated at the time of award.

The Contractor shall execute a “Contractor’s Release Certificate” if applicable (to be provided by the Government) at the time of contract closeout. One copy shall be kept in the Contractor’s files. If the Contractor has any questions regarding payment status of an individual task/delivery order, he/she shall contact the COR.

CONTRACTING OFFICER PRECEDENCE

The titles “Contracting Officer”; Contracting Officer Representative (COR) and “Authorized Ordering Official” (AOO), “appears throughout this document. The Contracting Officer may perform any function designated as a “COR” or “AOO” function and in the event of conflict the direction of the “Contracting Officer” takes precedence over that of the COR or AOO.

The COR or AOO may perform NO functions designated as a “Contracting Officer” function.

SOLICITATION PROVISIONS

The full text of FAR and VAAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html and http://www.va.gov/oal/library/vaar/index.asp.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1, “Instructions to Offerors–Commercial Items” (OCT 2018)

(ADDENDUM TO FAR 52.212-1 “Instructions to Offerors–Commercial Items”)

All references herein to “offerors” shall be construed as “vendors” and all references herein to “offers” or “bids” shall be construed as “quotes”.

The following provisions are incorporated into 52.212-1 as an addendum to this contract.

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.

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.209-7 Information Regarding Responsibility Matters (OCT 2018) 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract resulting from this solicitation.

(End of provision)

52.217-5 Evaluation of Options (JUL 1990) (Addendum to FAR 52.217-5) For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(End of Addendum to FAR 52.217-5)

52.233-2 Service of Protest (SEPT 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried and Mailing Address:

VA Program Contracting Activity Central Attn: Constance Williams, Contracting Officer 11152 South Town Square Saint Louis, Mo 63125

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

(End of Provision)

852.233-70 Protest Content/Alternative Dispute Resolution (OCT 2018) 852.233-71 Alternate Protest Procedure (OCT 2018) 852.270-1 Representatives of Contracting Officers (JAN 2008)

(END OF ADDENDUM TO FAR 52.212-1)

FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (OCT 2018) 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 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

CONTRACT CLAUSES

The following contract clauses apply to this acquisition:

FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (OCT 2018)

(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.

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

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from March 18, 2019 through March 17, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1,799,936.11;

(2) Any order for a combination of items in excess of $1,799,936.11; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after March 17, 2024.

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

52.228-5 Insurance – Work on a Government Installation (JAN 1997) (Addendum to FAR 52.228-5) Supplemental Insurance Requirements In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful Quoter must present to the Contracting Officer, prior to award if applicable, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Addendum to FAR 52.228-5)

852.203-70 Commercial Advertising (MAY 2008) 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2016) 852.219-74 Limitations on Subcontracting – Monitoring and Compliance (JUL 2018) 852.232-72 Electronic Submission of Payment Requests (NOV 2018) 852.237-70 Contractor Responsibilities (APR 1984)

(END OF ADDENDUM TO FAR 52.212-4)

52.232-32 Performance-Based Payments (Apr 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract’s description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor’s request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the _________ [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor’s --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) “Property,” as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer’s approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer’s advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor’s records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor’s records and to examine and verify the Contractor’s performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause,

(1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and

(2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause --

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor’s request for performance-based payment. The Contractor’s request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract’s description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor’s certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that --

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government’s title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

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)

(End of Addendum to 52.212-4)

FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (OCT 2018) The following subparagraphs of FAR 52.212-5 are applicable:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

(7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(28) (i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(29) (i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(33 ) (i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

NONPAYMENT FOR UNAUTHORIZED WORK No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this IDIQ contract.

SAFEGUARDING OF INFORMATION

The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contract shall include the substance of this provision in all subcontracts hereunder.

TECHNICAL DIRECTION

Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the COR, Designee or Authorized Ordering Official specified in the contract. As used herein, technical instructions are defined to include the following:

Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor’s accomplishment of the Performance Work Statement.

1. Technical instructions must be within the general scope of work stated in the contract.

Technical instructions may not be used to:

(1) assign additional work under the contract

(2) direct a change as defined in the “Changes” clause of this contract;

(3)increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or

(4) change any of the terms, conditions or specifications of the contract.

If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with the requirement, the Contractor shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the CO that the technical instruction is within the scope of this contract.

Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work-statement that is not affected by the disputed technical instruction.

INSTRUCTIONS FOR QUOTE SUBMISSION

All quoters, shall submit the following with their quotation packages:

· Solicitation number for this requirement as 36C77619Q0018

· Name, address, telephone number, DUNS number of offeror

· Quoter POC information to include: name, title, telephone number and email.

· The Quoter shall submit the Capability Documentation (not to exceed 20 pages as specified in Factor 1 above.

· Completed Price Cost Schedule ( see Exhibit 2) to include Unit Price, Total Price, and Grand Total. Failure to provide complete pricing, including pricing for each CLIN, will result in the contractor’s package being determined to be incomplete.

· Offers that fail to furnish required representation or information, or reject the terms and conditions of the solicitation, may be excluded from consideration.

This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to single award an IDIQ contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

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

OR

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

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

All quotations shall be sent via email to Wanakee Strickland, Contract Specialist, Wanakee.Strickland@va.gov. Submission shall be received not later than 10:00AM CDT on March 14, 2019. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Only e-mailed quotes will be accepted. It is the responsibility of the vendor to ensure the Government’s timely receipt of their quote.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist, Wanakee Strickland at Wanakee.Strickland@va.gov no later than 10:00AM CDT on March 6, 2019. You are reminded that representatives from your company SHALL NOT contact any VA employee(s) to discuss this RFQ. All questions and concerns regarding this RFQ shall be directed to the Contract Specialist.

Point of Contact Wanakee Strickland Wanakee.Strickland@va.gov

See attached document: Exhibit 1 PWS_EESBV_Captioning for 2019 02.

See attached document: Exhibit_2_-_Price_Cost_Schedule.

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