COMBO - 36C24422Q0620 Fitness-Altoona VA.docx

Combined Synopsis/Solicitation Fitness and Wellness Services for the Veterans Beneficiaries at the James E. Van Zandt Veterans Administration Medical Center (VAMC) in Altoona, PA

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This Solicitation is being issued as Request for Quote (RFQ) 36C24422Q0620. The government anticipates awarding one five-year firm-fixed price Blanket Purchase Agreement (BPA) resulting from this solicitation. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 (10/28/2022) and can be found at FAR | Acquisition.GOV.

The North American Industrial Classification System (NAICS) code for this procurement is 713940 with a small business size standard of $8 Million. This solicitation is Unrestricted.

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

Description of Services:

The James E. Van Zandt VA Medical Center (VAMC) is seeking a five-year firm-fixed price Blanket Purchase Agreement (BPA) for Fitness and Wellness Services for eligible Veteran patients to support and supplement existing programs. The Contractor agrees to furnish one hundred fifty (150) individual adult, annual memberships to be used at their facility for eligible Veteran patients receiving services through the James E. Van Zandt VAMC. The Contractor must be capable of meeting all requirements in the Statement of Work (SOW) attached to this Solicitation. (Attachment A)

Period of Performance:

The James E. Van Zandt VAMC intends to award a five year BPA, with year one to begin on or about 02/01/2023-01/31/2024.

Place of Performance:

Contractor Facility

Fitness and Wellness Services for Veterans Not to exceed 150 Memberships per year.

Base Ordering Period: 02/01/2023-01/31/2024

PRINCIPAL NAICS CODE: 713940 - Fitness and Recreational Sports Centers PRODUCT/SERVICE CODE: G003 - Social - Recreational

Monthly Attendance Roster, see paragraph 8.6 of SOW.

Contractor shall provide a monthly roster, displaying which members have utilized the program during the invoicing period.

Base Ordering Period: 02/01/2023-01/31/2024

Fitness and Wellness Services for Veterans

Ordering Period 1: 02/01/2024 - 01/31/2025

Monthly Attendance Roster, see paragraph 8.6 of SOW.

displaying which members have utilized the program during the invoicing period.

Ordering Period 1: 02/01/2024 - 01/31/2025

Fitness and Wellness Services for Veterans

Ordering Period 2: 02/01/2025-01/31/2026

Contractor shall provide a monthly roster, displaying which members have utilized the program during the invoicing period.

Ordering Period 2: 02/01/2025-01/31/2026

Fitness and Wellness Services for Veterans Not to exceed 150 Memberships per year

Ordering Period 3: 02/01/2026-01/31/2027

Monthly Attendance Roster, see paragraph 8.6 of SOW.

displaying which members have utilized the program during the invoicing period.

Ordering Period 3: 02/01/2026-01/31/2027

Fitness and Wellness Services for Veterans Not to exceed 150 Memberships per year

Ordering Period 4: 02/01/2027-01/31/2028

Monthly Attendance Roster, see paragraph 8.6 of SOW.

displaying which members have utilized the program during the invoicing period.

Ordering Period 4: 02/01/2027-01/31/2028

Requirements:

8.1. Contractor must own or lease a facility within 10 miles of the James E. Van Zandt VAMC which offers a wellness center which provides a range of fitness equipment.

8.2. The Contractor shall provide a signed copy of Attachment D – VA Privacy Training within 30 calendar days after receipt of order and annually thereafter for each employee who will have access to any Veteran’s information.

8.3. Contractor will be required to have an aquatic center sporting an indoor pool. Contractor will provide a list of other aquatic related amenities.

8.4. Contractor shall be required to have cardio equipment/room, basketball courts, free weights, and other weight equipment for strength training.

8.5. Contractor will provide a list of fitness classes offered in a face-to-face format or virtual.

8.6. The contractor shall provide monthly attendance rosters of all veterans taking part in the VA program to indicate if it was utilized during the invoicing period. The roster shall be submitted on a separate encrypted spreadsheet along with the invoice.

8.7. Contractor will be required to provide memberships for an estimated 150 adult Veterans receiving services through the James E. Van Zandt VAMC.

8.8. Contractor must provide a designee to serve as the direct liaison between the contractor and the VAMC. This designee will also be the point of contact for Veterans to present their vouchers upon arrival to the facility.

8.9. Contractor shall provide instructors to teach and instruct Veterans on proper usage of all gym and fitness equipment and be able to answer Veteran questions pertaining to the usage.

8.10. Contractor will be required to provide qualified staff who have obtained a lifeguard certification from a Pennsylvania Department of Health approved certification provider.

8.11. Contractor shall ensure the facility has present, staff members who are certified in both Cardio-Pulmonary Resuscitation (CPR) and the use of Automated External Defibrillation (AED) devices.

8.12. Contractor shall provide the types of all certifications held by the staff, along with the quantity for each if requested at any time during the period-of-performance by a VA representative. i.e., CPR-30; AED-12; lifeguard certification-9; personal trainers-12; etc.

8.13. Contractor will be required to provide clean and spacious men and women’s locker rooms along with a family changing area.

8.14. Contractor must ensure that all fitness equipment, gym areas and pool areas are cleaned on a regular basis.

8.15. Contractor shall provide some type of childcare services whether it is all day or at limited time frames throughout the day and fee should be included in the membership price.

8.16. Contractor will be responsible for reporting concerns or issues to the VA representative within 1 business day.

8.17. Contractor is fully responsible for any claims of damage to personal property or personal injury due to the Contractor’s gross negligence to any participant while participating in any of the activities.

8.18. Five business days prior to invoicing, Contractor shall provide a monthly report to the VA representative which lists the names/number of Veterans who accessed the facility that month for VA concurrence.

8.19. Contractor will be required to submit invoices for payment through Tungsten Network

8.20. The contractor shall refrain from photographing Veterans and if applicable, their children for website, social media, and other marketing Materials.

Blanket Purchase Agreement – Terms and Conditions:

(1) Description of agreement. The James E. Van Zandt Veteran Affairs Medical Center (VAMC) located at 2907 Pleasant Valley Boulevard, Altoona, PA 16602, has a requirement to offer fitness and wellness services to their Veteran patients.

The contractor shall provide an estimated one hundred fifty (150) individual adult, annual memberships to be used at their facility for the Veteran patients receiving services through the James E. Van Zandt VAMC. A representative at the VA will be the responsible party deciding which Veterans shall have access to the contractor’s facility seven (7) days a week during the contractor’s facility hours of operation. The Contractor shall agree to provide all of the requirements listed within the statement of work.

This action is for issue of a firm-fixed-price Blanket Purchase Agreement (BPA). The period of performance for the resulting BPAs would be for a five (5) year period.

All orders placed against this BPA are subject to the terms and conditions of all the clauses and provisions in full text or incorporated by reference in this document.

(2) Extent of obligation. The Government is obligated only to the extent of authorized purchases/orders actually made under this BPA. This BPA does not obligate any funds, nor is the Government obligated to make any purchases under this BPA.

(3) Purchase limitation. The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $250,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $750,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

(4) Individuals authorized to purchase under the BPA. Any Contracting Officer currently assigned to Network Contracting Office 4.

(5) Delivery tickets. All service orders under the agreement, shall be accompanied by delivery tickets and shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment

(6) Invoices. A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

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

Addendum to FAR 52.212-1:

Quotes in response to this RFQ are due on Tuesday, January 17, 2023, at 12:00 PM (EST). They shall be submitted in writing and sent via email to Ms. Arlene Albrite at Arlene.Albrite@va.gov. Please include “RFQ 36C24422Q0620 Fitness and Wellness Services for Altoona VAMC” in the subject line of your email. All submissions shall be 5MB or less. If the email is more than 5MB, submit multiple emails labeling them 1 of XX, 2 of XX, etc. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation shall be forwarded in writing via e-mail to the Contract Specialist by Thursday, January 5, 2023. Questions will not be accepted after this date. Responses to vendor question(s) will be posted via an amendment on: SAM.gov | Home

Quoters shall submit their quote in four separate volumes:

Volume 1: Price Schedule shall be submitted in Adobe or MS Word (Attachment B) Complete Attachment B and send with your quote.

Volume 2: Technical Capability - shall be submitted in Adobe or MS Word (Attachment A) Provide a description of requirements able to be met in according to the Statement of Work as well as any services above and beyond the minimum requirements.

Provided within 30 calendar days after receipt of order and annually thereafter for each employee who will have access to any Veteran’s information.

Failure to follow these instructions may result in quoters being determined as non-responsive and will be removed from competition.

Quoters shall submit the additional information:

Company name, contact information, CAGE Code, your Unique Entity ID (UEI) (this is a 12-character alphanumeric ID assigned to an entity by SAM.gov) number of the prime and any teaming partner/subcontractor.

All quotes shall be considered valid 60 days from the response date of the quote

FAR 52.212-2 Evaluation Commercial Items (NOV 2021) applies to this acquisition:

Addendum to FAR 52.212-2

Quoters are encouraged to thoroughly review this RFQ, including the Statement of Work, Price Schedule, and 52.212-2 Evaluation – Commercial Products and Commercial Services to obtain a complete understanding of the requirement.

The Contracting Officer will award one, five-year firm-fixed price Blanket Purchase Agreement (BPA) resulting from this RFQ to the responsible Quoter whose quote conforming to the RFQ is most advantageous to the Government.

The Government will perform a comparative evaluation (comparing offers to each other) to select the contractor that is best suited and provides the best value, considering the evaluation factors in this solicitation. Quoters should provide documentation with their quote that demonstrates their technical capability. The documentation should, at a minimum, demonstrate that the contractor is able to provide all the requirements listed within the Statement of Work. Additional capabilities above the minimum may also be included and may be reviewed by the Government by completing a one-to-one comparison of the quotes to each other. If the Government determines that there will be a benefit in selecting the contractor that exceeds the minimum requirements, the Government has the discretion to accept the other than lowest priced quote that provides additional benefits to the Government. This Comparative Evaluation will be conducted in accordance with FAR 13.106-2(b)(3).

The following factors shall be used to evaluate quotes:

Price Technical Capability Quoters shall provide the following information with their quote:

1. Completed Price Schedule-Attachment B. (Quoters may use CLIN Schedule within the RFQ or a quote on their own letter head/stationary).

2. Technical Information demonstrating they are able to provide all the requirements listed in the statement of work and the requirements section of this Combined Synopsis Solicitation

3. Acknowledgement of any amendments issued to the RFQ.

Failure to provide any of the specified information could result in the quoter being found non-responsive.

The Vendor is encouraged to provide maximum discounts and price reductions to its pricing.

A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding BPA agreement without further action by either party. Before the offer's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Clauses included in this solicitation in by-reference text:

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (NOV 2021) (JUL 2020) (DEVIATION). Quoters shall include a completed copy of the provision with their quote if the Quoter has not completed electronically in the System for Award Management (SAM) accessed through https://www.sam.gov/SAM/.

FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Services (NOV 2021)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION). The following subparagraphs are applicable:

Subparagraph (b)(1), (b)(4), (b)(6), (b)(8), (b)(12), (b)(16), (b)(22)(i), (b)(27), (b)(29), (b)(30)(i); (b)(31)(i), (b)(32)(i), (b)(33), (b)(34), (b)(35)(i), (b)(36), (b)(44), (b)(47)(i), (b)(51), (b)(58). Subparagraphs (c)(1), (c)(2), (c)(3), (c)(7), (c)(8).

(End of Clause) Clauses included in this solicitation in full text:

A.1 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

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

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

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

[X] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 852.273–74, Award without Exchanges.

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

[X] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

A.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

A.3 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement.

(b) Accordingly, any contract resulting from this solicitation will include these clauses, unless the contract is awarded to a small business concern. The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor's compliance with the plan, including reviewing the Contractor's accomplishments in achieving the subcontracting goals in the plan. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting plan.

(End of Clause)

A.4 VAAR 852.237-71 NONSMOKING POLICY FOR CHILDREN'S SERVICES (OCT 2019)

(a) Smoking in facilities where certain federally funded children’s services are provided shall be prohibited. The Pro-Children Act of 2001 (20 U.S.C. 7181–7183) prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act. The Act also applies to all subcontracts awarded under this contract for the specified children’s services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

(End of Clause)

A.5 VAAR 852.237-73 CRIME CONTROL ACT—REQUIREMENT FOR BACKGROUND CHECKS (OCT 2019)

(a) Public Law 101–647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services, as defined in the Act, to children under the age of 18 undergo a criminal background check.

(b) The Contracting Officer will provide the necessary information to the Contractor regarding the process for obtaining the background check. The Contractor may hire a staff person provisionally prior to the completion of a background check, if at all times prior to the receipt of the background check during which children are in the care of the newly-hired person, the person is within the sight and under the supervision of a previously investigated staff person.

(c) The Contractor shall comply with the requirements of the Act. The Act also applies to all applicable subcontracts awarded under the contract. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act.

(End of Clause)

A.6 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

It is the policy of the Department of Veterans Affairs that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of VA programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identity, sexual orientation, or disability (physical or mental). By acceptance of this contract, the Contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The Contractor shall include this clause in all subcontracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with this policy.

(End of Clause)

A.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

(End of Clause)

A.8 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 | Acquisition.GOV VA Acquisition Regulation (VAAR) - Office of Acquisition and Logistics (OAL)

(End of Clause) Clauses Listed by Reference

NOV 2021

(End of Addendum to 52.212-4) Provisions included in this solicitation in full text:

A.9 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of Provision)

A.10 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

A.11 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

This solicitation provides offerors fewer than 30 days to submit proposals. In the event that only one offer is received in response to this solicitation, the Contracting Officer may cancel the solicitation and resolicit for an additional period of at least 30 days in accordance with 815.370–2.

(End of Provision) (End of Addendum to 52.212-1)

A.12 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision) Provisions listed by reference

(End of Addendum to 52.212-1) See Attached document: Attachment A – SOW See Attached document: Attachment B – Price Schedule See Attached document: Attachment C – Business Associate Agreement (BAA) See Attached document: Attachment D – VA Privacy Training See Attached document: Attachment E – Wage Determination 2015-4221 Rev 22 dated 06-27-2022 - Blair Co. PA

End of Document