Combined Synopsis Solicitation 36C24124Q0304.docx

Combined Synopsis-Solicitation for Commercial Products and Commercial Services RFQ: 36C24124Q0304, ASCOM Pinnacle Protection Plan

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

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03.

This solicitation is unrestricted name brand only solicitation.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811210, with a small business size standard of $34 Million. The FSC/PSC is J059.

The Network Contracting Officer (NCO) 1 – West Haven, CT VA Medical Center at 950 Campbell Avenue West Haven, CT 06516.

All interested companies shall provide quotations for the following:

PERFORMANCE WORK STATEMENT

Department of Veterans Affairs (VA) VA Connecticut ASCOM Product Protection Plan:

The purpose of this contract is to establish a firm-fixed-price contract for a base plus four option years for an ASCOM Product Protection Plan (PPP) to service and maintain the 240 ASCOM handsets current in use at the West Haven, CT VA Medical Center Location of Headsets:

West Haven VAMC 950 Campbell Ave West Haven, CT 06516

Scope of Work:

Supplies and Services for Facility ASCOM Phone services Contractor shall provide all labor, programming, specialized services, and travel necessary to maintain the 240 ASCOM handsets.

The VA reserves the right to add additional handsets to this scope of work if the needs of the station dictate additional handsets are warranted. Additional handsets shall be priced separately and added to the scope of work via contract modification endorsed by the Contracting Officer.

One ASCOM Handset Product Protection is being sought for the current total of 240 handsets. These 240 handsets currently consist of ASCOM Models D81 and D63 handsets. The Product Protection Plan (PPP) coverage shall be provided for 240 ASCOM handsets, regardless of model. If the model that is owned by the West Haven VAMC is at or past the “end of repair” stage, best efforts shall be made to repair the current model. If a newer model is purchased to replace the “end of repair” model, this newer model shall be automatically included in the 240 handsets covered in the PPP being purchased under this contract and the older “end of repair” model will no longer be covered under the PPP and thenceforth will not be the responsibility of the contractor to repair or replace.

ASCOM or authorized local dealer shall have the capability to respond to handset and system failure within one day (24 hours) of notification.

Failed devices shall be returned as per Product ASCOM PRODUCT agreement plan.

ASCOM handsets are a patient safety device and shall be in full operation to guarantee quality of care.

The Product Protection Plan (the “Plan”) to extend and enhance the standard warranty of the ASCOM wireless system.

Under the Plan, the West Haven, CT VAMC shall receive enhanced and extended warranty coverage for the ASCOM portable telephones. The Plan shall also cover accidental damage.

Coverage and Services Portable Handset Swap Stock ASCOM shall provide the West Haven, CT VAMC with (2% of total) portable handset(s) to be used to replace defective units during the repair turnaround time throughout the term of the Plan.

Accidental Damage ASCOM shall cover repair needs resulting from accidental damage providing the portable telephone is repairable. There are some restrictions noted in this guide.

(see Restrictions section in this document).

Liquid Damage ASCOM shall cover repair needs resulting from water damage providing the portable telephone is repairable. There are some restrictions noted in this guide. (see Restrictions section in this document).

Portable Handset The following portable handsets will be repaired or replaced at no cost during the protection period:

Belt Clips ASCOM shall replace defective belt clips covered in the Plan at no additional charge.

Software Updates ASCOM shall provide portable handset software updates (enhancements and fixes) for the West Haven, CT VAMC to implement at no additional charge.

Requirements

· The initial purchase order for a Product Protection Plan must include a completed Data Form.

· The Protection Plan number must be included on the return material authorization (RMA) form. This action is required in order to avoid standard repair fees and to help facilitate quick turn-around times.

· The Protection Plan number must be included with all system expansion orders, including additional portable telephones.

· Any additional portable telephones purchased for this site will be amended to the plan and priced at a coterminous pro-rate.

Restrictions

• Partial system coverage is not allowed. the West Haven, CT VAMC may not choose to cover only a portion of the qualifying equipment and portable handsets in the system. Once enrolled in the Plan, the West Haven, CT VAMC must cover all newly purchased qualifying equipment and/or portable handsets purchased within the coverage term.

• This plan does not cover portable handset loss, theft or exposure to biohazards.

• This plan does not cover damage resulting from natural disasters, fire, acts of war, sabotage, vandalism, riots, lightning surges or other electrical disturbances.

Records Management Language for Statement of Work (SOW):

The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

(END OF PERFORMANCE WORK STATEMENT)

The purchase order anticipated period of performance is anticipated to be:

Place of Performance:

West Haven VAMC 950 Campbell Ave West Haven, CT 06516

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

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services” SEP 2023

2. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

3. 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 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

4. FAR 52.204-7, “System for award management”, OCT 2018

5. FAR 52.204-16, “Commercial and government entity code reporting”, AUG 2020

6. FAR 52.211-6, “Brand Name or Equal” (AUG 1999)

7. FAR 52.216-1, “Type of Contract” Fixed Price (APR 1984)

8. FAR 52.217-4, “Evaluation of Options Exercised at Time of Contract Award” (June 1988)

9. FAR 52.217-5, “Evaluation of Options” (July 1990)

10. VAAR 852.215-71, “Evaluation factor commitments”, OCT 2019

11. VAAR 852.239-71, “INFORMATION SYSTEM SECURITY PLAN AND ACCREDITATION” (FEB 2023)

12. VAAR 852.239-75, “INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE” (FEB 2023)

13. VAAR 852.252-70, “SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE” (JAN 2008)

14. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” FEB 2024

(END OF PROVISIONS)

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 Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” NOV 2023

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

· FAR 52.252-2 “Clauses incorporated by reference”, FEB 1998. - 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):

· FAR 52.204-13, “System for award management maintenance”, OCT 2018

· FAR 52.204-18, “Commercial and Government entity code maintenance”, AUG 2020

· FAR 52.232-40, “Providing accelerate payments to small business subcontractors”, MAR 2023

· VAAR 852.203-70, “Commercial Advertising”, MAY 2018

· VAAR 852.219-75, “VA notice of limitations on subcontracting—Certificate of compliance for services and construction”, NOV 2022

· VAAR 852.232-72, “Electronic Submission of Payment requests”, NOV 2018

· VAAR 852.242-71, “Administrative contracting officer”, OCT 2020

· FAR 52.212-5, “Contract Terms and Conditions required to implement statutes or executive orders – Commercial products and Commercial services”, JUN 2023

(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 products and commercial services:

· 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

· 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023)

· 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

· 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

· 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

· 52.233-3, Protest After Award (AUG 1996)

· 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

· 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023)

· 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)

· 52.204-14, Service Contract Reporting Requirements (OCT 2016)

· 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023)

· 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

· 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

· 52.219-28, Post Award Small Business Program Representation (FEB 2024)

· 52.222-3, Convict Labor (JUN 2003)

· 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024)

· 52.222-26, Equal Opportunity (SEP 2016)

· 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

· 52.222-50, Combating Trafficking in Persons (NOV 2021)

· 52.222-54, Employment Eligibility Verification (MAY 2022)

· 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020)

· 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

· 52.223-20, Aerosols (JUN 2016)

· 52.225-1, Buy American--Supplies (OCT 2022)

· 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023)

· 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)

· 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018)

· 52.239-1, Privacy or Security Safeguards (AUG 1996)

· 52.242-5, Payments to Small Business Subcontractors (JAN 2017)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

· 52.222-41, Service Contract Labor Standards (AUG 2018)

· 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)

· 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

· 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

· 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022)

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

· 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

· 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

· 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

· 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

· 52.204-27, Prohibition on a ByteDance Covered Application. (JUN 2023) (Section 102 of Division R of Pub L. 117-328).

· 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

· 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

· 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

· 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

· 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

· 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

· 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

· (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

· (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

· 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAY 2014) (41 U.S.C. chapter 67).

· 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAY 2014) (41 U.S.C. chapter 67).

· 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

· 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

· 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

· (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

· (B) Alternate I (JAN 2017) of 52.224-3.

· 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note)

· 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

· 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

· (xxiiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

· FAR 52.212-1, “Instructions to Offerors-Commercial Products and Commercial Services”, SEP 2023

· FAR 52.252-1, “Solicitation Provisions Incorporated by Reference”, FEB 1998

· FAR 52.204-6, “Unique Entity Identifier”, OCT 2016

· FAR 52.204-7, “System for Award Management”, OCT 2018

· FAR 52.204-16, “Commercial and Government Entity Code Reporting”, AUG 2020

· FAR 52.216-1, “Type of Contract”, APR 1984

· FAR 52.229-11, “Tax on Certain Foreign Procurements – Notice and Representation”, JUN 2020

· VAAR 852.209-70, “Organizational Conflicts of Interest”, OCT 2020

· VAAR 852.215-70, “Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors”, JAN 2023 (DEVIATION)

· FAR 52.212-2, “Evaluation-Commercial Items”, OCT 2014

All quoters shall submit the following: Price, Technical and Past Performance.

All quotes shall be sent to the Contract Specialists, Michael Alvarado at michael.alvarado3@va.gov. and David Roy at David.Roy@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side-by-side comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors: Price, Technical, and Past Performance

a. Price:

a. Complete line items on Page 1 of this solicitation, which will be completed by the offeror.

b. Technical: The offeror’s quote shall be evaluated to determine if the contractor has the capabilities to provide quality supplies in a timely and efficient manner.

a. Meeting the Specifications in the Performance Work Statement.

b. Sub-Contracting (if applicable): If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort.

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

Responses should contain your best terms and conditions.

· FAR 52.212-3, “Offeror Representations and Certifications-Commercial Products and Commercial Services”, SEP 2023

(END OF CLAUSES)

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."

Submission of your questions shall be not later than 04/01/2024 at 12:00 PM EST and e-mail sent to David.Roy@va.gov and michael.alvarado3@va.gov.

Submission of your response shall be received not later than 04/08/2024 at 12:00 PM EST and e-mail sent to David.Roy@va.gov and michael.alvarado3@va.gov.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Not accepted.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact:

Michael Alvarado michael.alvarado3@va.gov Effective Date: 03/11/2024 Revision: N/A