Combined Synopsis Description 36C24422Q0636.docx

Solicitation Number / RFQ – 36C24422Q0636– HCHV Services for the Lebanon VAMC in Lebanon, Pennsylvania

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items.” This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The combined synopsis solicitation number is 36C24422Q0636. It is issued as a Request for Quote (RFQ). The government anticipates awarding one three-year firm-fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 (10/28/2022) and can be found at http://www.acquisition.gov/far/index.html.

The North American Industrial Classification System (NAICS) code for this procurement is 624221, Temporary Shelters, with a small business size standard of $12 Million. This solicitation is being posted as Unrestricted.

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information is at www.sam.gov. Confirmation of SAM registration will be validated prior to awarding a contract.

The Lebanon Veteran Affairs Medical Center, located at 1700 South Lincoln Ave, Lebanon, PA 17042, (Lebanon VAMC) requires contractors to provide services as part of its Community Based Health Care for Homeless Veterans (HCHV) program, in accordance with VHA Handbook 1162.09. The goal of the HCHV program is to remove homeless Veterans from the street or habitation unfit for Veterans and place them in community-based, residential environments with sufficient therapeutic services to meet the needs of those Veterans. Lebanon VAMC is seeking to award a three-year Indefinite Delivery / Indefinite Quantity (IDIQ) contract. The contractor must be capable of meeting all requirements in the Performance Work Statement.

A complete description of the services to be acquired, and/or applicable Government need(s) are as follows:

See Attachment A: Performance Work Statement.

Contracting Office Address:

Department of Veterans Affairs Regional Procurement Office East Network Contracting Office 4 (NCO 4) Lebanon VAMC 1700 South Lincoln Ave | Lebanon, PA 17042-7529 Contract Specialist: Stefanie Carter

Quotes in response to this RFQ are due on Friday, December 9, 2022, at 3:00PM (EST). They shall be submitted in writing and sent via email to stefanie.carter3@va.gov. Please include “Solicitation Number 36C24422Q0636 HCHV Services for Lebanon VAMC” in the subject line of your email. All submissions shall be 5MB or less. If the email is more than 5MB, submit multiple emails labeling them 1 of XX, 2 of XX, etc. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation shall be forwarded in writing via e-mail to the Contract Specialist by Tuesday, December 6, 2022 at 3:00pm EST. Questions will not be accepted after this date. Responses to vendor question(s) will be posted via an amendment on SAM.gov.

See Attachment B: Price/Cost Schedule. Fill out Attachment B and send with your proposal.

To facilitate the award process, all proposals 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:"

Provision FAR 52.212-1 Instructions To Offerors – Commercial Items (NOV 2021) applies to this acquisition.

Addendum to FAR 52.212-1 Supplemental Instructions to Offerors applies to this acquisition:

For the purposes of evaluating competing proposals, Offerors shall submit proposals that include the following documentation:

Addendum to FAR 52.212-1:

Offerors shall submit Pricing, Technical Capability and Past Performance information as follows:

Submission Information/Instructions:

Offerors shall submit their proposal electronically in four volumes. Volume 1 Introductory, Volume 2 Price, Volume 3 Technical Capability, and Volume 4 Past Performance. Failure to follow these instructions may result in Offerors being determined as non-responsive and be removed from this competition.

Volume 1 Introductory Folder (No Page Limit):

The Introductory Folder shall include the information listed below and any other items for which a location has not otherwise been specified.

a. Cover Letter. Offerors shall submit a cover letter identifying their Company name, contact information, CAGE Code, Uinque Entity ID (UEI) number of the prime and any teaming partner/subcontractor.

b. Page 1 of SF 1449 – Complete Blocks 17a. (including Contractor Point of Contact); 30a; 30b. and 30c.

c. Page 2 of SF1449 – Complete Contractor POC Information and acknowledge amendments, if applicable.

d. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items. Offerors shall include a completed copy of the provision with their offer if the Offeror has not completed electronically in the System for Award Management (SAM) accessed through https://www.sam.gov/SAM/.

e. All proposals shall be valid 60 days from the quote response date.

Volume 2 Price:

a. Offerors shall complete the Price/Cost Schedule in Section B.2.

Volume 3 - Technical Capability – (No Page Limit):

Offerors shall submit a Technical Capability which shall address the following:

Offeror shall submit a technical plan that describes how you will provide Health Care for Homeless Veterans (HCHV) services as follows:

a) Describe the location of your facility, within a 25-mile radius of the Lebanon VAMC.

b) Describe how your organization will provide 10 beds and not to exceed 20 for male Veterans, including the structure of each bedroom/floor (i.e. shared bedrooms/number of residents in each room, bathrooms, community/laundry rooms, ADA compliance, policy for transgender Veterans, respite/safe room, division between programs and males).

c) Describe how the organization can service priority homeless Veteran groups, such as Veterans with ambulatory difficulties, sex offender designation, Veterans in opioid treatment and Veterans with medical issues that do not meet criteria for inpatient med/nursing home services.

d) Offerors shall provide the following documents with their offer: License, permits, certifications, and accreditation required by PA law.

e) List of key personnel to include qualifications and training.

f) Explain your meal program.

g) Explain your transportation capabilities.

h) Describe your organization’s ability to provide community engagement/support, encourage independence, life skills, medical/mental/substance use disorder care.

i) Describe your organization’s case management practices and methodology, including permanent housing, financial planning, recovery, employment, etc.

j) Describe how your organization offers structured therapeutic/rehabilitative group activities and provide certifications.

Volume 4 - Past Performance – (No Page Limit):

Offeror must demonstrate experience providing Health Care for Homeless Veterans (HCHV) services by providing three (3) references for whom contracts of similar scope, size, and complexity, are either ongoing, or were completed within the past three years. Attachment F is attached as a Past Performance Questionnaire. Include the following information:

Company name and address Name, telephone number, and e-mail address of Company POC Dates of contract performance, aggregate award amount, and Contract number

Past performance information shall be recent (performance within the last three years) and relevant to this scope of work. The offerors ratees shall complete and email the attached Past Performance form directly to Stefanie.carter3@va.gov by the solicitation deadline. The Government reserves the right to seek past performance information from any sources not included in your past performance references and available to the Government to include, but not limited to, CPARS or other databases, interviews with Program Managers, customers, and Contracting Officers.

Addendum to FAR 52.212-2: Evaluation Approach

Evaluation will be conducted in accordance with FAR 12.6. This is a competitive best value source selection in which competing Offeror’s past and present performance history will be evaluated on a basis significantly more important than price. The Government will utilize a Performance Price Tradeoff (PPTO) source selection process as described below to identify the Offeror who represents the best value to the Government. The following factors shall be used to evaluate Offerors:

Evaluation Process:

After receipt of proposals, the Government will calculate the Total Proposed Price (TPP) of all Offerors as described below and rank them in ascending order. The technical evaluation will begin with the proposal calculated to have the lowest TPP.

If the lowest priced Offeror has an Acceptable Technical Capability rating, the Government will evaluate the Offeror’s past performance as described below. If the Past Performance Confidence Assessment rating is “Substantial Confidence”, and the Offeror’s pricing is determined fair and reasonable, that offer represents the best value for the Government and the evaluation process stops at this point. Award will be made to that Offeror without further consideration of any other offers.

If the lowest priced offer has a Technical Capability rating as Acceptable with a lower than Substantial Past Performance Confidence Assessment rating, the next lowest priced Offeror who has a Technical Capability rating of Acceptable, will be evaluated for past performance to determine their Confidence Assessment rating. This process will continue until an Offeror is determined to have a Technical Capability rating of Acceptable and have a Substantial Past Performance Confidence Assessment rating and the Offeror’s pricing is determined fair and reasonable. The Contracting Officer will make an integrated assessment and may make award to the higher priced Offeror without further consideration of other offers.

If all offerors that are rated with a Technical Capability rating of Acceptable and have a lower past performance rating than Substantial Confidence, the Contracting Officer shall award to the lowest priced offeror who has an Acceptable on their Technical Capability and a Past Performance Confidence Assessment rating of Satisfactory and whose price has been determined to be fair and reasonable. Award will be made to that Offeror without further consideration of any other offers.

Evaluation Factors:

Factors – Each Offeror’s proposal will be evaluated against the following criteria: Price, Technical Capability, Past Performance.

Factor 1 – Price:

The Government will determine if the offeror’s TPP is fair and reasonable. Factor 2 - Technical Capability/Subcontracting Plan (if applicable):

Technical Capability will be evaluated as Acceptable or Unacceptable basis.

Acceptable The proposal meets all requirements identified in the solicitation. Only those proposals determined acceptable will be considered for award.

Once deemed acceptable, all proposals are considered equal.

Unacceptable Fails to meet one or more requirements in the solicitation identified and major revisions would be required to make the proposal acceptable. Proposal with an unacceptable rating will not be considered for award.

Factor 3 - Past Performance:

Past Performance will be evaluated as a measure of the Government’s confidence in the Offeror’s ability to successfully perform the requirements of the solicitation based on recent and relevant past performance efforts. Relevant past performance means the references have a logical connection to the work described in the Performance Work Statement and recent past performance means the references are ongoing or were performed within the past three years of the proposal due date. The Government will begin its evaluation of an Offeror’s past performance by first determining the recency and relevance of each past performance effort being evaluated.

The Government will consider recent past performance information submitted, as well as any additional recent past performance information obtained by the Government, in determining an overall past performance confidence assessment rating for each Offeror.

While the Government will consider past performance information on relevant projects performed for federal, state, and local Governments, as well as in the commercial sector.

The following definitions will be utilized to determine the relevancy of each past performance effort:

After all past performance work efforts have been assigned individual relevance ratings, the Government will assign a single Performance Confidence Assessment rating. The assigned rating will reflect the Government’s overall confidence in the Offeror’s ability to successfully perform this effort considering performance on previous efforts, information identified by each contractor, Past Performance Questionnaires, and/or other information obtained by the Government. The Performance Confidence Assessment rating is based upon all of the information submitted/obtained and determined relevant by the Government, regardless of whether the information is for a prime or subcontractor. Past Performance which cannot be validated by a source other than the Offeror will not be considered in the Past Performance Confidence Assessment. Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, that Offeror will receive an overall Performance Confidence Assessment rating of “Unknown Confidence (Neutral)” which will be considered neither favorably nor unfavorably.

The Performance Confidence Assessment ratings are as follows:

successfully perform the required effort

The Contracting Officer will award one, firm fixed price IDIQ contract resulting from this RFP to the responsible Offeror whose proposal conforming to the RFP is most advantageous to the Government.

Clauses included in this solicitation in full text:

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2021) (JUL 2020) (DEVIATION). The following subparagraphs are applicable:

Subparagraph (b)(1), (b)(4), (b)(7), (b)(8), (b)(9), (b)12, (b)(16), (b)(22), (b)(27), (b)(29), (b)(30),(b)(31), (b)(32), (b)(33), (b)(34), (b)(35)(i), (b)(36), (b)(44), (b)(51), (b)55, (b)(58) Subparagraphs (c)(1), (c)(2), (c)3, (c)(7), (c)(8).

FAR 52.216-18 ORDERING (AUG 2020)

(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 December 1, 2022 – November 30, 2025.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

FAR 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 $50,000.00, 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 $46,000.00.

(2) Any order for a combination of items in excess of $690,000.00; 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 1 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)

FAR 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 11/30/2025.

(End of Clause) VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[x] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[x] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

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

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) VAAR 852.215-70 SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS AND VETERAN OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.

(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company's SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause)

VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company's SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause)

VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998):

PRODUCTS AND SERVICES

NOV 2021

(End of Addendum to 52.212-4)

Provisions included in this solicitation in full text:

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

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision) FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Stefanie Carter Contract Specialist Stefanie.carter3@va.gov

(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)

FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998).

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of provision)

Provisions incorporated by reference are:

(End of Addendum to 52.212-1)

Wage Determination 2015-4231, Rev. 19, Date 06-27-2022 applies and can be found at:

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End of Document