Combined Synopsis Solicitation 36C24125Q0084 Exacq System Services.docx

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services RFQ: 36C24125Q0084 Exacq System 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 561621, with a small business size standard of $25 Million. The FSC/PSC is J063.

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

All interested companies shall provide quotations for the following:

TOTAL

(STATEMENT OF WORK)

STATEMENT OF WORK

523-25-1-9930

Boston Healthcare System Install Cameras VAMC Brockton Building 5 and 8

1.0 Introduction:

The Brockton VA wants vendor to add (5) new cameras to the existing Exacq system; (1) new camera in building 5, and (4) new cameras in building 8.

2.0 Background:

Vendor will install the 5 new cameras for the security and wellbeing of our Veterans, staff, and visitors.

3.0 Scope:

The scope of services will be provided at 940 Belmont St. Brockton, MA in buildings 5 and 8.

Describe in detail the following for:

Building 5:

· Install an Axis P4707-PLVE two sensor cameras on the wall outside the maintenance office.

· Conduit and cabling to the Data closet.

Building 8 Basement:

· Install and Axis P4707-PLVE two sensor cameras on the wall between the elevator and stairwell.

· Conduit and CAT6 cabling to the basement Data closet.

Building 8 1st floor:

· Install an Axis P3267-LV fixed dome camera at one end of the hallway.

· Recessed drop ceiling mount.

· CAT6 cabling back to the 1st fl. Data closet.

· Install an Axis P5654-E PTZ camera at the end of the hallway.

· Recessed drop ceiling mount.

· CAT6 cabling back to the 1st fl. Data closet.

Building 8 Awning:

· Install an Axis P3267-LVE fixed dome camera under the awning.

· Mount the camera to one of the support poles.

· Conduit and CAT6 back to the 1st fl. Data closet.

· Includes containment booth for Building 8 1st floor.

LOCATION OF SERVICES TO BE PROVIDED: The required service shall be conducted at 940 Belmont St., Brockton MA, 02301, Brockton VA Medical Center, building 5 and 8 described in above scope statement.

WORKING HOURS: If Contractor is required to be onsite, it must be between the hours of 6:00 A.M. EST – 2:00 P.M. EST on Monday – Friday (EXCLUDING FEDERAL HOLIDAYS). If one of the planned days were to overlap onto a holiday, it is on the Contractor to reschedule another day/time with the Contracting Officer’s Representative (COR), at no additional cost to the Government.

BADGING AND CREDENTIALING: Contractor shall ensure all staff have completed all necessary badging, credentialing, and information security requirements prior to staff performing work on VA property. The contractor will remove any staff who have not completed all requirements until such requirements have been met.

General Requirements: All federal, state, and local code/regulations/standards shall be followed. The Contractor will be responsible for installing & upgrading servers, hardware, and software, to update the video surveillance system to working order, in compliance with VA directives. Contractor will follow requirements of the VA Physical Security Design Manual. All system components must be monitored and controlled in the Security Control Center (SCC).

The work by the Contractor will include dust protection measures, if necessary, to prevent the introduction of dust into the hospital. The Contractor will take all precautions as required to control dust and not disrupt hospital operations. A safe environment will always be maintained. All procedures will be approved by the COR.

SPECIFICS:

Client Responsibilities:

• Provide a primary point of contact or Project Manager for coordination purposes with vendor.

• Provide all Network switches, POE ports, and/or network configurations including IP addresses are to be provided, operational and functional before integration begins.

• Providing a temporary secure storage area for project tools and equipment during a multiple day integration.

• Meeting all milestone dates agreed upon in the initial client coordination meeting (noted below)

• Project coordination with vendor PM.

Installation Exclusions:

• Ceiling tile replacement and or repair.

• All conduits, pull strings, high voltage circuits/wiring, panels, breakers, relays, standard back boxes, receptacles, etc.

• Concrete saw cutting and/or core drilling - Fire wall, ceiling, roof, and floor penetration - All millwork (moldings, trim, cut outs, etc.).

• Painting and patching and/or wall repair - UL Fire caulking, firewall penetrations/sleeves etc.

• Network Racks.

• Asbestos abatement or hazardous material containment.

• Emergency circuit electrical power for vendor PoE switches, servers, appliances, ETC.

• Installation of Owner Furnished Equipment (OFE) unless noted otherwise.

Assumptions:

• There is sufficient accessibility and space in ceiling area for infrastructure support hardware.

• All above ceiling cable runs are assumed to have an unobstructed path from end to end unless otherwise noted.

• Any walls, beams, etc. discovered during the installation process necessitating additional unplanned labor and time will result in a Contract Change Order (CCO) with additional costs.

• There is ready access to the building / facility and vehicle parking.

• This proposal is based on a continuous work cycle, with no third party or client induced delays, performed during normal working hours (8-hour shift between 6am-4pm). Monday through Friday, excluding company holidays.

• The documented Change Control process will be used to the maximum extent possible – the Client will have an assigned person with the authority to communicate/approve project Field.

Directed Change Orders and Contract Change Orders On-site.

• Secure and environmentally controlled equipment storage to be provided as required by client unless otherwise noted.

• Installation services (cable, termination, cable testing, and hardware device installation).

• If above assumptions, exclusions, or client responsibilities prove false, a Contract Change Order (CCO) may be required.

CERTIFICAITON(S):

1. Number of Employees. The Contractor shall always have available a sufficient number of capable and qualified employees to enable the contractor to properly, adequately, and safely perform all work required under the terms of this contract.

2. Addressable Systems. Technicians modifying the security surveillance equipment and network shall be certified in accordance with NECA 303-2005 code of practice (or other applicable technical standards including manufacturer’s instructions). All camera equipment shall be installed to ensure that all components are fully compatible as a system. Adhere to guidance provided by the National Electrical Contractors Association Standard, NECA 303-2005, Installing Closed-Circuit Television (CCTV) Systems. All equipment shall be installed in accordance with manufacturer instructions by technicians certified for installation by the manufacturer.

3. Licenses & Permits. Contractor and subcontractor personnel engaged in the activities specified by this contract shall be also required to possess certificates of training, licenses, and permits as required by the state, county, parish, city, and other local jurisdiction when the system is installed in a facility covered by such state, county, parish, city, and other local jurisdiction.

4. Documentation. The Contractor shall provide to the COR documentation of the certificates of training, licenses, and permits for all new employees not later than seven (7) days prior to that person beginning work under the terms of this contract. The Contractor shall ensure that all certificates of training, licenses, permits, and bonds are current and valid. All offers must include documentation and proof of the above certifications and qualifications for each employee.

DAMAGE TO SECURITY SURVEILLANCE SYSTEM: Any damage to the security surveillance system or associated equipment (e.g. wiring, encoders, flooring, walls, doors) caused by installation activities shall be repaired by the Contractor at no additional cost to the Government. At its discretion, the Government may have representatives present to witness any or all tests related to the repairs. All costs associated with this damage shall be borne by the Contractor.

GOVERNMENT FURNISHED PROPERTY: The Contractor shall provide all materials, equipment, labor, supervision, and transportation necessary to perform the required service. The Government will not provide any Government Furnished Property (GFP).

Contractor will complete all necessary paperwork for a VA issued PIV card. Contractor will be in possession of and wearing visibly their VA Issued PIV card after card is issued. Coordinate with the COR if PIV card is needed.

4.0 Applicable Directives:

The following directives provide the required measures and guidelines for this project:

1. VA Physical Security and Resiliency Design Manual, Chapter 10.6

2. The A&A requirements do not apply, and that a Security Accreditation Package is not required. 839.201 Contract clause for Information and Technology Security

A. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

B. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

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

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

5.0 Equipment Specifications:

1. Axis P4707-PLVE two sensor camera (2)

2. Axis P3267-LV fixed dome camera (1)

3. Axis P5654-E PTZ camera (1)

4. Axis P3267-LVE fixed dome camera (1)

6.0 Performance Requirements:

Vendor will follow a foundational project delivery process which may include the following activities and deliverables as related to the project size, scope, complexity and duration. Vendor assigned Project Manager shall act as primary point of client contact, coordinate and/or provide the following services:

· Development of a project schedule.

· Project meeting coordination.

· System design validation and project submittals (as applicable).

· Submittal approval coordination (as applicable).

· Project billing.

· Change Order management (Client, and Field-Directed).

· Equipment procurement.

· Equipment receipt and deliveries.

· Resource scheduling, implementation, integration coordination.

· Substantial completion confirmation.

· Close-out documentation, owner manuals, as-builts, warranty statement (as applicable).

· Completion tracking of final punch list items.

· Project/client transition to service team.

Vendor on-site Installation and Commissioning services shall include:

· Pulling, managing, labeling, and terminating system cabling.

· Hardware installation, testing, programming, and commissioning.

· Assuring the finished system meets the design criteria and functions per the accepted proposal, and scope of work.

· Site cleanup and disposal, etc.

· Completion of final punch list items.

7.0 Deliverables:

1. Upon completion of the work, a review of the system will be conducted by the Contractor with the VA’s Physical Security Specialist for commissioning purposes.

2. The Contractor will provide all the manuals and operating instructions for the system to Police Service.

8.0 Warranty:

The contractor warrants that all hardware and software provided shall be free from defects in material and workmanship for the entire duration of this agreement. The contractor shall promptly replace or repair any defective hardware or software at no additional cost to the customer during the warranty period, except in cases where the defect is due to external factors beyond the Contractors control, such as power outages, acts of god, natural disasters, or third-part actions.

9.0 RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

9. The 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 from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

** VHA training for contractors is available in Talent Management System (TMS):

Records Management for Records Officers and Liaisons, Item #3873736

D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(END OF STATEMENT OF WORK)

The purchase order/contract anticipated period of performance is: 11/25/2024-11/24/2029.

Place of Performance: Department of Veterans Affairs, VA Boston Healthcare System, 150 Huntington Ave, Boston, MA 02130.

(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 Rerepresentation (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 11/21/2024 at 12:00 PM EST and e-mail sent to tara.dossiema@va.com No questions will be received as this is second solicitation.

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