36C77620Q0005-019.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address Department of Veterans Affairs Program Contracting Activity Central (PCAC) 4401-D Meramec Bottom Road St. Louis, MO 63129 Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 13 Simplified Acquisition Procedures and 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request For Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-01.

This solicitation is for Full and Open Competition.

The associated North American Industrial Classification System (NAICS) code for this procurement is 511210 - Software Publishers, with a small business size standard of $41.5 Million dollars. The FSC/PSC is 7030.

Supplies/Services

The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC), at 4401 Meramec Bottom Road, St. Louis, MO. 63129, is soliciting quotations for a Pharmacy Database (Electronic Drug File) Software Subscription to assist with the continued development of agreements with pharmacy benefit managers (PBMs) and other pharmacy agreements with third party payers (TPPs) and to enforce compliance with federal regulation by comparing reimbursement rates established for commercial retail pharmacies with reimbursement rates established for VA. The contractor shall provide all personnel, equipment, tools, materials and supervision necessary to provide the Electronic Database, in accordance with the attached Performance Work Statement (PWS), to include monthly updates with the most current electronic drug files and pricing.

The VA, VHA anticipates award of one contract consisting of one (1) base year and four(4) option years under this solicitation.

All interested companies shall provide quotations for the following commercial product(s):

(Base Year) Electronic Drug File monthly update

(Option Year 1) Electronic Drug File monthly update

(Option Year 2) Electronic Drug File monthly update

(Option Year 3) Electronic Drug File monthly update

(Option Year 4) Electronic Drug File monthly update

(Optional 6 Month Ext)

(IAW FAR 52.217-8)

Electronic Drug File monthly update

Table of Contents

CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C776

Department of Veteran Affairs

PCAC-ST. LOUIS

4401-D Meramec Bottom Rd Saint Louis MO 63129

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

3. INVOICES: Invoices shall be submitted ANNUALLY:

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 Veterans Affairs Financial Services Center

Invoices To Be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135

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

PERFORMANCE WORK STATEMENT

TITLE OF PROJECT: PBM Pharmacy Database

1) Purpose The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Office of Community Care (OCC), Revenue Operations (RO), Consolidated Patient Account Centers (CPAC), and Payer Relations and Services (PRS) is seeking Pharmacy Database (Electronic Drug File) Software to assist with the continued development of agreements with pharmacy benefit managers (PBMs) and other pharmacy agreements with third party payers (TPPs) to enforce compliance with federal regulation by comparing reimbursement rates established for commercial retail pharmacies with reimbursement rates established for VA.

2) Background 38 USC 1729 authorizes the Department of Veterans Affairs to seek reimbursement from third party payers for the cost of non-service-connected medical care furnished to insured Veterans. The money collected from TPPs help to offset the cost of delivering world-class health care services to our nation's Veterans, and is revenue anticipated in the President's budget.

The Veterans Health Administration Consolidated Patient Accounts Centers has developed a plan to address opportunities for improving revenue cycle business functions, identify new strategies to increase revenue and assist the field facilities in maximizing their revenue stream. Within this effort, CPAC will determine whether and how a PBMs meet federal payment requirements using contractor services to (1) review and document PBMs agreements, (2) provide data analysis and draft recommendations for CPAC to determine if PBMs agreements and rate proposals meet federal payment requirements, and (3) provide additional data analyses related to special projects within Payer Relations Office business objectives.

PRS is assuming management and development of outpatient pharmacy agreements with pharmacy benefit managers and other types of third-party payers and requires assistance in determining if agreements and rate proposals from PBMs and other third-party payers for outpatient pharmacy services meet federal payment requirements.

3) Performance Objectives The database software will provide data which will allow VA to determine if the rates pharmacy benefit managers or other third-party payers meet federal payment requirements.

4) Scope of Work Database should provide the industry’s most comprehensive drug price data, including:

· Average Wholesale Price (AWP)

· Wholesale Acquisition Price (WAC)

· Direct Price (DP)

· Centers for Medicare & Medicaid Services, Federal Upper Limit (CMS FUL)

· Average Average-Wholesale Price (AAWP)

· Generic Equivalent Average Price (GEAP)

· Average WAC (AWAC)

· Generic Equivalent WAC (GEWAC)

· State Medicaid

5) Mandatory Tasks and Deliverables The database should be updated monthly with the most current electronic drug files and pricing. This will be uploaded and installed by VA staff via secure website. The Contractor shall provide the update within the contract performance period. If for any reason, any update cannot be delivered on time, the contractor shall provide a written explanation three days prior to the due date to the Contracting Officer Representative (COR). This written transmittal shall include a firm commitment of when the file (per agreed upon file type) shall be updated. This transmittal to the COR shall cite reasons for the delay, and the impact on the overall project. The COR will review collaboratively with the program office facts and issue a response in accordance with the contract terms and conditions.

5.1 Schedules for Mandatory Deliverables.

Electronic file updates will be made available on a secure site for upload by VA on a monthly cycle.

Deliverables Table

Service Standards Customer Account Requests Completed Within 4 Business Hours of Receipt

· Web delivery set-up

· File Transfer Protocol (FTP) delivery set-up

· Replacement product

· Evaluation data

· User name and password assistance

· W-9 documents

· Product-related questions where the Customer Support Representative

· has immediate access to the information needed

· Subscribe to newsletter

Customer Account Requests Completed Within 16 Business Hours of Receipt

· Invoice reprints

· Account/invoice research (breakdown of fees and other charges)

· Renewal letter copy request

· User fee survey copy request (metrics)

· Vendor registration (online)

· Order entry – general questions/changes

· Order entry – license agreements, amendments, metric updates, account changes

· Subscription modifications

6. Delivery

Delivery of the initial database will be on December 6, 2019 for the base period and will be available through December 5, 2020. Monthly updates will be delivered on the 1st of the month for 12 consecutive months after award date.

The contract will consist of four (4) additional option years. Option years will be reviewed, and a determination made on whether the database subscriptions are still needed 60 days prior to the end of the base period and for each optional year.

There are ten (10) Federal holidays set by law (U.S.C. Title 5 Section 6103):

Under current definitions, four are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday.

Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

7) Period of Performance For a base period plus 4 option years.

Beginning no later than December 06, 2019.

8) Place of Performance Non-Applicable

9) Travel – None

10) Type of Contract A Firm-Fixed Price (FFP) Contract will be issued for this effort.

11) Changes to the PWS Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

12) Government and Contractor Responsibilities

a. The PRS shall provide the contractor with copies of documents that the VA is required to provide.

b. The contractor shall request other VA documentation deemed pertinent to the work accomplishment directly from the COR. The contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

c. The contractor shall maintain frequent communications with the PRS and the COR to conduct work in progress reviews.

13) Formal Acceptance or Rejection of Deliverables The VA shall have 15 business days to review each document and provide feedback and comments. The contractor shall have five business days to incorporate comments. A final review shall be conducted with the COR. Delivery of the post-final review document with incorporated comments from the final review meeting shall constitute acceptance by the VA with COR's written approval.

14) Quality Standards for Deliverables

15) PRIVACY REQUIREMENTS

14.1 GENERAL

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

14.2 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEM

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent possible. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandate, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by V.A., specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S may be an evaluation factor.

END OF PERFORMANCE WORK STATEMENT

INSTRUCTION TO OFFORERS:

The Government is issuing a competitive full and open solicitation notice. The government intends to award this contract based upon Lowest Priced Technically Acceptable (LPTA) basis. Contractor must be registered in System for Award Management (SAM) that supports their ability to contract with the US Government at the time the quote is submitted. Any quotes not conforming to the Quote submission instructions below may be deemed unacceptable.

SOLICITATION TECHNICAL INQUIRIES AND QUESTIONS

All questions regarding the solicitation of a contractual nature or technical nature, must be submitted in writing via email to John Schiffhauer at: John.Schiffhauer@va.gov No Later Than (NLT) 2:00 p.m. Central Time (CT), November 22, 2019. The subject line of the email shall start with the RFQ Reference Number and [PBM Pharmacy Database]. Questions with the Government’s responses will be posted no later than 2:00 p.m. CT, November 26, 2019. Be advised that the government reserves the right to transmit those questions and answers of a common interest to all prospective Quoters.

QUOTE SUBMISSION INSTRUCTIONS

All quotes must be submitted electronically via email on or before the RFQ closing date of December 2, 2019 NLT 10:00 a.m. CT.

QUOTER’S RESPONSES shall be submitted in accordance with the following instructions:

Format: The response shall be in Arial or Times New Roman fonts. Characters shall be set at no less than normal spacing and 100% scale. Font size shall be no smaller than 11-point. The response must be submitted as a single application-generated (not scanned) PDF document that is less than or equal to 7MB in size or 10 pages.

Contractors logos, signage, and Point of Contact information are not to be included in any other document then the Cover Letter.

COVER LETTER: The cover page shall include the following content requirements:

(A) Notice Number (36C776-20-Q-0005);

(B) Company Name, mailing address, and website address;

(C) Date submitted and proposal expiration date;

(D) Company Point of Contact (Name, Phone Number, email address);

(E) Company Data Universal Numbering System (DUNS) Number;

(F) Company Business Size;

(G) Company Business type (i.e., Service-Disabled Veteran-Owned Small Business);

(H) Authorized Distributor Letter – (If Applicable)

VOLUMES

In addition to a cover letter, offeror’s submissions should be submitted in the following volumes:

Volume I: Technical Quote Volume II: Price

TECHNICAL QUOTE

Quoters shall provide a quote that addresses the following factors:

Technical Capability:

a. Provide documentation that identifies that the contractor is able to provide the type of data outlined in the PWS in the form and format identified.

b. Provide documentation that supports on how the Quoter is able to and will provide nationwide coverage of the required update as described in the PWS deliverables Section 5.1. from the date of award, through the end of the period of performance.

PRICE QUOTE:

The Quoter shall provide a completed Pricing/Cost Schedule in Section B of this solicitation for each deliverable, and the basis of estimate for each deliverable, along with a price breakdown by year to include the 6-month optional extension.

The contractors price quoted should be available for at least 30 Days. Pricing from the contractor who wins the award will be held for the whole period of performance.

Submitters Packaging:

This RFQ is not authorization to begin performance and in no way, obligates the Government for any costs incurred by the contractor for this requirement. The Government reserves the right not to award a contract in response to this RFQ. Prior to commencement of any activities associated with performance of this requirement, the Government will issue a written directive or contractual document to be signed by the Awarded Contractor with appropriate consideration established. The Government reserves the right to cancel this solicitation, with no obligation to the contractor by the Government.

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

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

OR

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

Quoters shall list exception(s) and rationale for the exception(s), if any.

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

(End of Provision)

The following solicitation provisions apply to this acquisition:

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

FAR 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS - ADDENDUM

(a) North American Industry Classification System (NAICS) code and small business size standard are stated in the combined synopsis/solicitation.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Reserved.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during testing.

(e) Multiple quotations. Quoters are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions

(1) Quoters are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(g) Issuance of purchase order. Quotations should contain the quoter’s best technical and price terms. The Contracting Officer may reject any or all quotations. The Contracting Officer may issue a purchase order to other than the quoter with the lowest priced quotation. After the evaluation of quotations, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing any purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR part 15.

(h) Multiple purchase orders. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding the Micro-Purchase Threshold (MPT), and quotations of MPT or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management (SAM). Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective contractor shall be registered in the SAM database prior to purchase order issuance, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to issue the purchase order to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on purchase order(s) resulting from this solicitation from the contracting officer.

(END-OF-PROV)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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

Factors to be Evaluated The Government will evaluate how the Quoter’s technical quote shall demonstrate their approach to proposed solutions(s) and demonstrated ability to perform the type of work described in this PWS by providing and addressing the following components.

The Quotation shall be evaluated for its detailed discussion and Quoter’s approach to proposed solution(s) and demonstrated ability to perform the type of work described in this PWS. The Quoter’s technical approach shall be evaluated by assessing the required information as instructed in Evaluation of Quotes Submission.

Evaluation Factors Evaluation Factor 1: Technical Specifications Factor:

The Government will evaluate that the documentation provided by the contractor is able to provide the type of data outlined in the PWS, in the form and format identified.

Acceptable/Unacceptable:

Evaluation Factor 2: Technical Specifications Factor: The Government will evaluate that the potential contractor is able to provide documentation that supports on how the Offeror is able to and will provide nationwide coverage of the required update as described in the deliverables Section 5.1. from the date of award, through the end of the period of performance.

Acceptable/Unacceptable:

Evaluation Factor 3: Price: The award will be determined by arranging quotes in order of price, then beginning with the lowest price offer, they will be evaluated to determine if they meet the requirements identified in the solicitation. For all offers which meet all other evaluation factors, award will be made to the low Quoter based on price. The Quoter’s price quote should be submitted on the Cost/Price Schedule provided in the RFQ document.

Options to include optional 6-month extension in accordance with FAR 52.217-8 will be evaluated at time of award.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

(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.

(End of Provision)

EVALUATION OF QUOTES:

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) subpart 13 Simplified Acquisition Procedures and 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,”

Award will be made based on the lowest Price Technically Acceptable (LPTA) quote that best meets the Government’s requirement, considering technical acceptability and price.

Quotes will be reviewed by qualified evaluators to initially determine if they meet the basic requirements as outlined in the RFQ. Quotes will then be sorted from lowest priced quote, to the highest priced quote. Starting with the lowest priced quote, it will be sent for consideration and evaluation. To receive consideration for award, a rating of acceptable must be achieved for the technical factors. Each technical factor will be given a rating of either Acceptable or Unacceptable. Each quote must contain all the information required by the Instructions to Offerors.

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.

The Acceptable and Unacceptable definitions are as follows:

in the Factor of the solicitation.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)

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 (u) of this provision.

(a) Definitions. As used in this provision— 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 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.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture.