Combined Synopsis Solicitation 36C24125Q0080 RSO NHM.docx

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services RFQ: 36C24124Q0080, Radiation Safety Officer Services

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 2024-07.

This solicitation is set-aside for 100% Small Business.

The associated North American Industrial Classification System (NAICS) code for this procurement is 541690, with a small business size standard of $19 Million. The FSC/PSC is H958.

The Network Contracting Officer (NCO) 1 – New England is seeking to purchase Radiation Safety Officer Services as a Purchase Order.

All interested companies shall provide quotations for the following:

TOTAL

(STATEMENT OF WORK)

Scope of work for Health Physics and Radiation Safety Officer coverage for FY25.

(1) Summary: Furnish all labor, tools, equipment, material, and travel to perform Radiation Health Physics Coverage for the Radiological Department.

(2) Hours of Coverage: 0800-1600hrs, Monday through Friday, excluding National holidays.

(3) Response Time: This contract includes intervening and emergent calls between scheduled inspections. In an emergent situation (i.e., equipment failure), a telephone response from the Contractor is required within 30 minutes of notification, and if requested, the Contractor will be on site within 2 hours. All other work as scheduled by the center's Radiation Safety Officer (RSO) will commence and proceed progressively to accomplishment without undue delay. All work will be in accordance with good commercial practice and conform to NRC and The Joint Commission rules and regulations.

(4) Due to the sensitive nature of radiation safety and imaging physics services, items within this statement of work shall be provided by employees of the bidder. Subcontracting is prohibited.

(5) Qualification of Vendor: The contractor will obtain all necessary licenses and/or permits required to perform work as a Health Physicist and Radiation Safety Officer under the NRC, NHPP and Joint Commission rules and regulations. The RSO will be qualified to serve on a limited scope medical use permit and broad scope research permit.

(6) The personnel will perform a function that requires them to access VA systems and sensitive information.

Specifications of Work: Work requested covers three aspects. First: To be named Radiation Safety Officer for the limited scope medical permit. This permit could also be for broad scope research use in the future. Second: Is for health physics consultation for the Radiation Safety Program and Research. Third: Is for diagnostic medical physics services; including x-ray, MRI, CT, and ultrasound performance evaluations.

1. The contractor shall perform the functions of the Radiation Safety Officer for the VA Central Western Massachusetts Healthcare System diagnostic imaging program.

a. Provide recommendations for applications, renewals, and draft amendments to NRC Licensing and Compliance Divisions also compliance with 10-CFR Part 20 & Part-35. This includes recommendations for preparing updates of necessary ALARA documentation. Permit draft amendments shall be provided to the permittee for review and signature upon request.

b. Participate on site in permit inspections from NHPP or NRC.

c. Participate on site in accreditation or OIG inspections as necessary.

d. Attend (in person) quarterly Radiation Safety Committee (RSC) meetings.

e. Review personnel monitoring records for federal compliance, and ALARA considerations. Summarize findings for presentation at the RSC meetings.

f. Immediately review personnel monitoring records which exceed ALARA thresholds.

g. Provide routine updates to the RSC regarding accreditation program changes such as, The Joint Commission.

h. Provide quarterly updates to the RSC regarding NHPP program changes/memos.

i. Provide fetal dose assessments for patients and staff with summary at the RSC meetings.

j. Provide patient dose assessments for imaging studies conducted at the VA CWM with summary at the RSC meetings.

k. Provide Radiology practice review at permittee request.

l. Provide shielding evaluations meeting NCRP 147 at permittee request.

m. Provide skin dose assessments for any patient exceeding facility thresholds meeting TJC and NHPP requirements. Turnaround time of skin dose assessments is expected to be less than 48h from receipt.

n. Provide template documentation for annual RSO audit, review and summarize at least annually for RSC.

o. Provide in-service radiation safety training of research, nursing, or any other personnel as necessary. Training provided should be approved for nursing CE credit. Training is to be set up with the requesting department and Radiology.

p. Provide fluoroscopy training material for non-radiologist fluoroscopists which meets NHPP directives, TJC accreditation requirements, and best practices.

q. Provide a backup RSO plan meeting NHPP requirements.

r. Provide evidence that the RSO can be available on site within 2 hours and available via the phone within 30 minutes.

s. At least quarterly, review procedures with personnel to determine and assure compliance with ALARA requirements. Recommendations as necessary to further reduce exposure.

t. Check of ventilation control equipment, survey instruments and dose measurement equipment with calibrations of portables to be accomplished with a two (2) week turn around. Ascertain that each instrument is currently calibrated, working properly, and within specifications.

u. Attendance in person required at the quarterly Radiation Safety Committee meetings. Center's Radiation Safety Officer will coordinate.

v. Provide access to template material necessary to facilitate radiation safety program.

w. Provide radiation safety training to radiology staff which includes ASRT CEUs.

x. Provide ongoing assistance and guidance with occupational dose monitoring vendor including recommendations for correction of records.

y. Provide Form IV and Form V equivalent documentations for each occupational worker as necessary.

z. Provide annual accuracy testing and report of dose calibrator meeting most recent version of ANSI N42.13.

aa. Calibration of all handheld radiation detection instruments used to make compliance measurements. Calibrations are to be conducted initially, annually and after any major repair meeting NUREG 1556 Vol 9.

ab. Calibration of handheld instruments is to include minor repair and battery replacements.

v. Provide evidence that the HP can be available on site within 2 hours and available via the phone within 30 minutes.

2. The vendor shall perform the function of a diagnostic medical physicist for the VA Central Western MA.

a. Provide shielding integrity checks for all new installations of x-ray equipment.

b. Provide recommendations for validation of workload from x-ray imaging equipment to confirm shielding recommended is adequate to meet public dose regulations.

c. Provide MRI safety I and II training to staff member who require it.

d. Provide guidance on appropriateness of MRI scanning protocol for MRI conditional devices.

e. Provide CT dose optimization training to CT technologists on an annual basis which includes ASRT CEUs.

f. Participate in quarterly CT subcommittee meetings in person providing guidance on CT protocols and patient doses.

g. Provide local policy review and guidance to meet most recent NHPP, TJC, and professional society practices (for example, patient gonadal and fetal shielding).

h. Oversee footprint management for x-ray equipment used at facility.

i. Provide training to clinical engineering staff for dose output testing on all necessary makes and models of equipment for post repair testing.

j. Provide evidence that the diagnostic medical physicist can be available on site within 2 hours and available via the phone within 30 minutes.

k. Conduct initial testing of x-ray producing imaging equipment upon receipt and prior to clinical use. Annual follow up testing will be performed on a quarterly schedule. The performance evaluation is conducted with non-invasive x-ray analyzers and includes a comprehensive computerized detailed report including the establishment of skin-entry doses for routine procedures on each unit in compliance with NHPP regulations and The Joint Commission accreditation requirements. Assessments must include all radiation protection aspects of each room and each system in terms of x-ray generation operating parameters, image performance, and scatter radiation. According to the current interpretation of the regulations by NHPP inspectors, all x-ray equipment requires physics testing prior to initial clinical use. Further, the vendor shall conduct testing of X-ray equipment as necessary following major repair, tube replacement, or questionable performance. The testing frequency will follow the previous year’s annual testing with the timing of annual testing to be determined by the COTR.

The testing shall include at a minimum:

i. General Radiography: Assessment of equipment shall include measurement of kVp, mA, time, reproducibility, linearity, accuracy, HVL, and collimation; high contrast resolution and low contrast detectability. Patient skin entrance exposures shall be calculated annually for posting in the control booth, based on typical kVp and mAs supplied by VAMC for various views.

ii. Fluoroscopy: Assessment of equipment shall include kVp and HVL accuracy, skin-entry dose for small, medium, and large patients for all operating parameters of the equipment to assist in compliance with VA regulations requiring action when skin entry doses exceed 3 Gy, or other equivalent regulations. If a fluoroscopy procedure exceeds 3Gy, an investigation should proceed to determine whether the 3 Gy or another applicable threshold has been reached. Assistance with the calculation of the patient dose for such cases is also provided, for no extra charge. Scatter radiation measurements, air kerma accuracy, cumulative air kerma accuracy, high contrast resolution, and low contrast resolution tests shall be included.

iii. Bone Densitometers: Testing shall include patient skin entrance exposure for four standard protocols, with a more detailed assessment of different operating modes for one of those protocols, and scatter measurements.

iv. Miscellaneous equipment: such as cabinet x-ray systems are tested to FDA standards of external exposure rates, door interlocks and beam-on indicators, as well as radiation output with varying kV and timer settings as applicable to the system.

v. Computed Tomography: Annual CT system evaluations per The Joint Commission and ACR stipulations (if necessary) shall include dosimetry measurements and comparisons to displayed CTDI to ensure accuracy within 20%, or manufacturer’s standards if applicable; Half Value Layer; collimation vs. dose distribution; mAs linearity; and scatter. Radiation beam thickness measurements of all available NxT combinations are made by exposing radiochromic film, with graphical analysis at the full width half maximum (FWHM) of each width by means of specialized graphical analysis software. Up to 4 clinical protocols are evaluated for CT number accuracy, low-contrast detectability, contrast to noise ratio, and high contrast resolution, using a Gammex-464 imaging phantom. Image uniformity, artifacts, distance measurement accuracy, congruence of laser and slice plane and table incrementation accuracy, and scout prescription accuracy are also evaluated. Two or three additional protocols are reviewed for examining technique factors, dose levels and appropriateness of image reconstruction methods. Gray level performance of CT acquisition monitors is performed visually and by photometric measurements.

The CT performance evaluation also includes patient dose information for all combinations of operating parameters applicable to our machine. These dose values are flagged relative to ACR and NEMA/AAPM criteria, and guidance is offered to assist staff in applying this new data, evaluating operating protocols relative to patient dose, and calculating radiation risk for specific patients as necessary. CT fluoro skin dose estimates are also included for any system capable of CT fluoro.

l. Conduct initial testing of non-ionizing imaging equipment upon request, annually, and where applicable, prior to clinical use. The testing shall include at a minimum:

i. MRI Scanners: Each scanner acceptance test and annual test there after shall include the following list. These items cover the quality assurance testing of an MRI system on an annual basis in support of ACR and Joint Commission accreditation. The testing will include, at a minimum, the following items, or their equivalents: magnetic field homogeneity, slice position accuracy, slice thickness accuracy, Image uniformity coil checks, SNR coil checks, Alignment light accuracy, High contrast resolution, low contrast resolution (CNR), geometric accuracy, artifact evaluation, acquisition workstation monitor performance, evaluation of technologist QC program, and assessment of the MRI safety program.

ii. Ultrasound: Each ultrasound unit annual testing shall include: physical and mechanical inspection which assures the mechanical integrity of the equipment and the safety of patient and operator, image uniformity and artifact survey which identifies the presence of artifacts, geometric accuracy, which will use scanner calipers to measure known distances between phantom test targets in the vertical and horizontal directions for each transducer, system sensitivity which will visually determine the maximum depth of visualization of phantom targets for each transducer, contrast resolution: visualization of anechoic and low contrast spherical objects, ultrasound scanner electronic image display performance and primary interpretation display performance. Display characteristics are evaluated by gray scale response and luminance readings using SMPTE pattern.

(3) Guaranteed Uptime: N/A

(4) Updates: All updates of information will be provided to Chief Radiologic Technologist VAMC Central Western Massachusetts.

(5) Documentation Requirements: All equipment, stationary and portable, will be catalogued by the Contractor with the dates and type of service rendered noted thereon. A written report of each inspection and calibration will be furnished to the Contracting Officer or the Center’s Radiation Safety Officer. The contractor will obtain the signature of the supervisor in charge of the equipment to certify as to services performed and will leave a copy of the document containing the signature with the Contracting Officer or COTR. The documentation will indicate the following:

(a) A check list of items checked for each piece of equipment.

(b) Conditions found.

(c) Repairs or calibration needed, and services performed.

(6) Report should include information required in SECTION - C paragraph-c #9 and #10.

(7) Services and parts not covered by contract: None

(8) COTR: Dennis R. Ramstein, Administrative Officer

(END OF STATEMENT OF WORK)

The purchase order/contract anticipated period of performance is: 12/2/2024-12/1/2029.

Place of Performance: Department of Veterans Affairs, VA Central Western Massachusetts Healthcare System, 421 North Main St., Leeds, MA 01053.

(START OF CLAUSES)

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

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 52.204-9, “Personal Identity Verification of Contractor Personnel” (JAN 2011)

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

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

· FAR 52.217-8, “Option to Extend Services” (NOV 1999)

· FAR 52.217-9, “Option to Extend the Term of the Contract” (MAR 2000)

· FAR 52.223-2, “Reporting of Biobased Products Under Service and Construction Contracts” (MAY 2024)

· FAR 52.223-5, “Pollution Prevention and Right-to-Know Information” (MAY 2024)

· FAR 52.223-10, “Waste Reduction Program” (MAY 2024)

· FAR 52.237-2, “Protection of Government Buildings, Equipment, and Vegetation” (APR 1984)

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

· VAAR 852.204-70, “Personal Identity Verification of Contractor Personnel” (MAY 2020)

· VAAR 852.219-75, “VA notice of limitations on subcontracting—Certificate of compliance for services and construction”, (Jan 2023)(DEVIATION)

· VAAR 852.223-71, “Safety and Health” (SEP 2019)

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

· VAAR 852.239-76, “Information and Communication Technology Accessibility” (FEB 2023)

· 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” (MAY 2024)

(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:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of 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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)).

(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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

_x_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

_x_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] _x_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

_x_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

_x_ (26) (i) 52.219-28, Post Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

_x_ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

_x_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_x_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_x_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

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

__ (ii) Alternate I (JUL 2014) of 52.222-35.

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_x_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

_x_ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) ( 5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

_x_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

_x_ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (64)

(i) 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).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(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:

[Contracting Officer check as appropriate.] _x_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_x_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of 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)).

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

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

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 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.

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

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

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

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

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

(xiv) 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.

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

(xvi) (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).

(xvii) 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).

(xviii) 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).

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

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

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

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

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

(xxiii) 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).

(xxiv) 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.

(xxv) 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.

(xxvi) 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.

(END OF CLAUSES)

(START OF PROVISIONS)

· 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 52.204-29, “Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures” (DEC 2023)

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

· FAR 52.212-2, “Evaluation-Commercial Items”, (NOV 2021)

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

All quotes shall be sent to the Contracting Officer, Tara Dossiema, tara.dossiema@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

1. Price:

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

2. 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 Statement of Work.

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.

3. Past Performance:

a. Provide 2 references for the same or equivalent performance.

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”, (MAY 2024)

(END OF PROVISIONS)

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 response shall be received not later than 11/19/2024 at 9:00 AM EST and e-mail sent to tara.dossiema@va.gov. All questions will be received not later than 11/12/2024 at 9:00 AM EST and e-mail sent to tara.dossiema@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:

Tara Dossiema tara.dossiema@va.gov 603-624-4366 x5129 Effective Date: 03/15/2023 Revision: 01