RFQ.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26223Q0389 01-06-2023 Carlos Magana

01-18-2023

9:00 AM PST

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

325413 1,250 Employees

Department of Veterans Affairs

VISN 22

See Section B.2.6 for Locations

00262

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Financial Services Center

**** SEE VAR 852.232-72 FOR PAYMENT

INSTRUCTIONS****

877-752-0900

This is a combined synopsis/solicitation for commercial items in accordance with FAR Subpart 13 prepared with the format in Subpart 12.6, as supplemented with additional information included in this notice. The acquisition strategy will be a Small Business set-aside to best meet the needs of the Government. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

in accordance with FAR Subpart 13 prepared with the format in Subpart 12.6, as supplemented with additional information included in this notice. The acquisition strategy will be a Small Business set-aside to best meet the needs of the Government. This announcement constitutes the only solicitation; proposals Subpart 12.6, as supplemented with additional information included in this notice. The acquisition strategy included in this notice. The acquisition strategy will be a Small Business set-aside to best meet the needs of the Government. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Full and Open to best meet the needs of the Government. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Government. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

solicitation; proposals are being requested and a written solicitation will not be issued.

solicitation will not be issued.

Period of Performance:

1. Base Period 03-01-2023 – 02-28-2024

2. Option Year 1 03-01-2024 – 02-28-2025

3. Option Year 2 03-01-2025 – 02-28-2026

4. Option Year 3 03-01-2026 – 02-28-2027

5. Option Year 4 03-01-2027 – 02-28-2028

Delivery orders shall be issued with obligated funds, this BPA Does not obligate funds.

Table of Contents

36C26221Q0949

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SECTION B – GENERAL TERMS

B.1 BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

1. BPA ADMINISTRATION: All BPA administration matters will be handled by the following individuals:

0. CONTRACTOR:

0. GOVERNMENT:

Contracting Officer (CO): Kevin Ceponis Department of Veterans Affairs Network Contracting Office (NCO) 22 4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815 Kevin.Ceponis@va.gov

Contract Specialist (CS): Carlos Magana Department of Veterans Affairs Network Contracting Office (NCO) 22 4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815 Carlos.Magana@va.gov

1. OFFEROR REMITTANCE ADDRESS: See Section B.2.6 for details.

1. ACKNOWLEDGMENT OF AMENDMENTS: The Contractor acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 DESCRIPTION OF AGREEMENT

1. INTENT: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 -- Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR -- Part 13 Simplified Acquisition Procedures; and supplemented with additional information included in this notice.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2023-1 dated December 30, 2022.

Solicitation 36C26223Q0389 is issued as a Request for Quote (RFQ) and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award contract.

This procurement will be issued as a Full and open Competition solicitation requirement. NAICS Code is 325413 and the Small Business Administration’s (SBA) size standard is 1,250 Employees.

The Government is seeking a contract to acquire Reagents and Consumables test kits. This solicitation is seeking to fulfill the following statement of work in Section B.3.

Pursuant to Federal Acquisition Regulation (FAR) Part 12 and FAR Part 13.303, it is the intent of the Department of Veterans Affairs, Southern Arizona Healthcare System, to establish a Blanket Purchase Agreement (BPA) for Reagents and Consumable test kits. The Government will award a BPA to a single Contractor for Reagents and Consumable test kits. Contractor agrees to the following terms of the BPA exclusively with the facility listed herein and awarded in the final BPA. However, as requirements change, facilities and quantities of users may be added or deleted by supplemental agreement of the Government and the Contractor. The Contractor shall provide all the necessary equipment, instrument service/maintenance, and all other supplies to perform the related services for Southern Arizona Healthcare System as outlined within this solicitation.

1. TERM OF AGREEMENT: This BPA shall be a base year plus four optional years which will be reviewed, at least, annually In Accordance With (IAW) FAR Part 13.303-6 to ensure the BPA terms are met, to assess current market conditions and to determine price reasonableness. Additional discounts maybe requested by Network Contracting Office (NCO) 22 at any time. If the Contractor fails to perform in a manner satisfactory to the CO, this BPA may be canceled with thirty (30) days written notice to the Contractor by the CO.

1. BPA LIMITS: The estimated BPA shall not exceed sixty (60) months from the effective date of the BPA. Pricing shall be established based on the estimated user quantities listed in the Statement of Work; therefore, the overall BPA ceiling value may be revised via supplemental agreement between the Contractor and the VA to accommodate Government needs.

1. BPA ORDERS: This BPA is a pricing agreement and does not obligate any funds. The Government is obligated only to the extent of authorized BPA Delivery Orders (DO) issued under the BPA by authorized individuals. DO’s shall be identified by the BPA Number To Be Determined (TBD) and DO Number TBD. DO’s may include option years, if it is determined that option years would be in the best interest of the Government. Any DO issued during the effective term of this BPA shall be completed by the Contractor within the time specified in the DO, including all option years, which may extend beyond the BPA term. The Contractor shall accept the price, terms and conditions of an issued DO as long as they do not conflict with the terms set forth in the BPA. DO’s shall be limited to $ (TBD) per order.

1. ORDERING METHOD: All orders shall be placed against valid DO’s signed by the CO. The CO shall designate primary facility Point of Contact’s (POCs), as necessary, which may coordinate delivery quantities and schedule via Electronic Data Interchange (EDI), telephone, facsimile, email or other written communication, identifying the products by number, quantity, purchase price, address for delivery, and any special instructions.

1. PARTICIPATING FACILITIES: The primary participating facility for this BPA is:

Southern Arizona Healthcare System 3601 S. 6th Ave.

Tucson, AZ 85723 520-792-1450

Future facilities that fall under the authority of this office, NCO 22, may be added or deleted to this agreement with an exercise of a supplemental agreement between the Government and the Contractor. Below are the potential facilities.

VA Greater Los Angeles Healthcare System 11301 Wilshire Blvd Los Angeles, CA 90073 310-478-3711 VA Loma Linda Healthcare System (VALLHS) 11201 Benton Street Loma Linda, CA 92357 909-825-7084

VA Long Beach Healthcare System (VALBHS) 5901 E. 7th Street Long Beach, CA 90822 562-826-8000

New Mexico VA Healthcare System 1501 San Pedro SE Albuquerque, NM 87108 505-265-1711

Phoenix VA Healthcare System 650 E. Indian School Road Phoenix, AZ 85012 602-277-5551 VA San Diego Healthcare System 3350 La Jolla Village Dr.

San Diego, CA 92161 858-552-8585

Northern Arizona VA Healthcare System

500 HW 89N

Prescott, AZ 86113 928-445-4860

V22 PALMS Office 300 Oceangate Suite 700 Long Beach, CA 90802 562-826-5963

1. BPA PROGRAM MANAGER: The Contractor shall provide a primary BPA program manager who shall be responsible for the performance of the work under the BPA. In addition, the program manager shall act as the main focal point of communication between the CO and the Contractor. The name of this person shall be designated in writing to the CO. The program manager shall have full authority to act on behalf of the Contractor on all contractual/BPA matters relating to daily operation of the BPA.

1. ORDERING CONTACTS: The Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom the Government facilities shall place orders. Additional tables may be inserted, if needed.

1. DELIVERY: The Contractor shall deliver all supplies and services identified in the schedule to the locations identified in Section B.2.6, Participating Facilities. The delivery location is subject to change as required by the designated authority or authorized personnel at the receiving facility. Delivery shall be destination, vendor is responsible for shipping costs. The primary facility POC shall be required to notify the Contractor when delivery locations have been changed.

All deliveries shall be accompanied by a delivery ticket or sales slip which shall contain: Contractor name, BPA number, DO number, VA obligation number, date of order, date of delivery, itemized list of products furnished, including product description and quantity shipped.

All deliveries shall be made during normal working hours from 8:00 a.m. to 4:00 p.m., unless specified otherwise. Standard orders shall be delivered within no more than four (4) working days after receipt or placement of order. Emergency deliveries may be necessary on rare occasions and may occur outside of working hours from 4:00 p.m. to 8:00 a.m. Under emergency occurrences, the Contractor shall deliver to the Government site in the most expeditious manner possible without additional cost to the Government, unless expedited shipping/delivery is approved by the primary facility POC, CO or other authorized individual. The Contractor shall provide an emergency point of contact, if different from the standard points of contacts.

No product substitutions shall be made by Contractor without prior approval of the treating facilities primary Point of Contact (POC). However, if substitution would further obligate the government, the Contractor shall have approval of a warranted CO.

1. PACKAGING: All supplies shall be adequately packaged to prevent damage during shipping, handling and storage. Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The Contractor shall be required to replace unacceptable or damaged products at the Contractor’s expense.

1. INVOICE AND PAYMENT: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Invoices shall be submitted to WWW.TUNGSTEN-NETWORK.COM in accordance with FAR Part 52.232-34, Payment by Electronic Funds Transfer and Veterans Affairs Acquisition Regulation (VAAR) Part 852.232-72.

The following information shall be listed on all invoices submitted: (failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor)

0. Facility’s Name and address where service was provided

0. BPA Number (For Example: VA262-BP-001)

0. Purchase Order Number (For Example: 36C26221P0001)

0. Obligation Number (For Example: 600-C27001)

0. Itemized list of products provided, to include quantity, unit price and extended price

0. Include the period of time that is being invoiced for in the invoice

0. BPA Holder’s Internal Contract number (if applicable)

0. Contractor company name, address, and phone number including a POC for concerns and questions. Invoices shall name a specific person, the phone number and email.

In the event of an inconsistency between the terms and conditions of this BPA and the Contractor's invoice, the terms and conditions of this BPA will take precedence.

1. BPA REVIEW: The Contractor shall conduct a complete BPA review with the CO/CS, at least annually and as requested by the CO/CS, to ensure the BPA terms and conditions are being met, analyze, and project item ordering trends, and discuss all other actions that are within the scope of this BPA.

B.3 STATEMENT OF WORK (SOW) / DESCRIPTION / SPECIFICATIONS

Introduction

The purpose of this Statement of Work (SOW) is to outline the tasks and responsibilities of the successful offeror in relation to the VA Southern Arizona Healthcare System for reference testing.

1.1 Background

VISN 22 is one of the most diversified healthcare systems in the nation. They are teaching hospitals, providing a full range of patient services, with state-of-the art technology as well as education and research. They also boost one of the largest and most diverse patient populations in the VA system.

2. Scope

A. Reference Tests will be utilized by Tucson VA Facilities. Delivery of reagents will be as an ongoing basis throughout its respected option year.

Reagents shall be FDA approved.

· Reagents, consumables, and supplies shall be the same as currently validated for use on the Optilite analyzer:

· LK016.OPT.A, Freelite Kappa

· LK018.OPT.A, Freelite Lambda

· NK045.OPT.A, Ceruloplasmin

· IK703, WASHING SOLUTION (20ml)

· IK704, WASHING SOLUTION (100ml)

· IK705, TUBING MAINTENANCE SOLUTION

· IK702, TENCELLTM Cuvettes

· 989220, 0.5 Sample Cups

· IK709, Optilite Sample Diluent 1

· IK710, Optilite Sample Diluent 2

· Requirements for using cuvettes, sample cups and reagents:

· Freelite Kappa reagent shall have a measuring range of 0.6-63500 mg/L

· Freelite Lambda reagent shall have a measuring range of 1.3-139000 mg/L

· Ceruloplasmin reagent shall have a measuring range of 0.04-1.64 g/L

· Free Kappa and Free Lambda reagent shall come in a comprehensive kit with calibrators, controls, and liquid latex regent to perform 100 free kappa or 100 free lambda assays. The contents of the kit shall be stable for up to 3 months at 2-8°C after opening.

· Ceruloplasmin reagent shall come in a comprehensive kit with calibrators, controls and liquid regent to perform 50 assays. The regent in the kit shall be stable for up to 3 months, the calibrator shall be stable for up to 7 days and the quality control should be stable for up to 30 days at 2-8°C after opening.

(end) The information identified above is intended to be descriptive, not restrictive and to indicate the quality of the supplies/services that will be satisfactory. It is the responsibility of the interested source to demonstrate to the government that the interested parties can provide the supplies/services that fulfill the required specifications.

B. Primary participating facility:

SAVAHCS 6-113

3601 S 6th Ave Tucson, AZ 85723

Future facilities that fall under the authority of this office, NCO 22, may be added or deleted to this agreement with an exercise of a supplemental agreement between the Government and the Contractor. Below are the potential facilities.

West LA VAMC 11301 Wilshire Blvd Los Angeles, CA 90073

SD VAMC

3350 La Jolla Village Dr San Diego, CA 92161

LL VAMC

11201 Benton Street Loma Linda, CA 92357

LB VAMC

5901 E. 7th St Long Beach, CA, 90822

Path & Lab (113) 1501 San Pedro Dr. SE Albuquerque, NM 87108

PVAHCS

Lab 113 650 East Indian School Road. Phoenix, AZ 85012

NAVAHCS

500 N HWY 89

Prescott, Arizona 86313

The estimated BPA shall not exceed sixty (60) months from the effective date of the BPA. Pricing shall be established based on the estimated user quantities listed in the Statement of Work; therefore, the overall BPA ceiling value may be revised via supplemental agreement between the Contractor and the VA to accommodate Government needs. Below is an estimated timeline for this potential BPA.

· Normal tour-of-duty hours at Southern Arizona Healthcare System is 7:30 am to 5:00 pm, Monday through Friday, excluding Federal holidays. However, the service is operating 24/7 and as such there may be instances in which the vendor’s workday may be outside of this period. The vendor is required to coordinate these times with the designated Program Manager.

· In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”

When a holiday falls on a Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government Agencies.

3. Security

3.1 Information Security

· The vendor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions laws, and regulations. The vendor’s firewall and web server shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall. Any security violations or attempted violations shall be reported to the VA Project Manager and the VBA Headquarters Information Security Officer as soon as possible. The vendor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification accreditation.

· The contractor shall follow The Veterans Affair Acquisition Regulation (VAAR) security clause VAAR- 852.273-75 “SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES” sited in section C. Contract Clauses

(a) The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce's National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST's Web site at: http://checklists.nist.gov

(b) To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in "VA Information and Information System Security/Privacy Requirements for IT Contracts" located at the following Web site: http://www.iprm.oit.va.gov

3.2 Contract Personnel Security

All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (07C). The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at: http://www.va.gov/pubs/asp/edsdirec.asp (VA Handbook 0710, Appendix A, Tables 1 - 3). Appropriate Background Investigation (BI) forms will be provided upon contract (or task order) award, and are to be completed and returned to the VA Security and Investigations Center (07C) within 30 days for processing. Contractors will be notified by 07C when the BI has been completed and adjudicated. These requirements are applicable to all subcontractor personnel requiring the same access. If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the contractor will be responsible for the actions of those individuals they provide to perform work for the VA. In the event that damage arises from work performed by contractor personnel, under the auspices of the contract, the contractor will be responsible for resources necessary to remedy the incident.

SECTION C – BPA TERMS, CONDITIONS AND CLAUSES

This single award BPA shall be competed and established IAW FAR Part 12 and FAR Part 13 and the Commercial Items clauses apply. This BPA is a pricing agreement and does not obligate any funds. The DOs issued against the BPA shall contain all the applicable clauses below. Additional terms and clauses may be added to each DO, as required. In the event of an inconsistency between the terms and conditions utilized to establish the BPA and individual DOs, the terms of the BPA will take precedence.

Provisions 52.212-1, Instructions to Offerors – Commercial and 52.212-2, Evaluation – Commercial Items are applicable to this acquisition. Furthermore, Provision 52.212-2 is utilizing the lowest price on an Acceptable/Unacceptable evaluation process.

C.1 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the start of the BPA through the end of the BPA.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days. The specified rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This BPA 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):

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

FAR 52.204-13, System for Award Management Maintenance. (Oct 2018)

FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020)

FAR 52.211-6 Brand Name or Equal (Aug 1999)

FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Oct 2018)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

FAR 52.232-1, Payments (Apr 1984)

FAR 52.232-8, Discounts for Prompt Payment (Feb 2002)

FAR 52.232-18, Availability of Funds (Apr 1984)

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

FAR 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.233-1, Disputes (May 2014)

VAAR 852.203-70, Commercial Advertising (May 2018)

VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (Oct 2019)

VAAR 852.232-72, Electronic Submission of Payments (Nov 2018)

(End of Clause)

SECTION D - SOLICITATION PROVISIONS

Procurement for these commercial item(s) shall be conducted according to FAR Part 12, Acquisition of Commercial Items, FAR Part 13, Simplified Acquisition Procedures, and the Veteran Affairs Acquisition Regulation (VAAR) as supplemented with additional information in this solicitation.

D.1 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

D.2 52.212-1 INSTRUCTIONS TO CONTRACTORS – COMMERCIAL ITEMS (TAILORED FOR SAP)

1. North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet Standard Form ((SF) 1449), or as otherwise specified in the solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is five-hundred (500) employees.

1. Submission of quotation. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations shall show-

1. The solicitation number;

1. The time specified in the solicitation for receipt of quotations;

1. The name, address, DUNs and telephone number of the Contractor;

1. A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This include product literature, or other documents providing a capability response to each section/subsection of the SOW on whether the requirements are met. Each SOW section 2-4 and subsection must be clearly addressed.

1. Price and any discount terms;

1. “Remit to” address, if different than mailing address;

1. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the Contractor shall complete electronically);

1. Acknowledgment of Solicitation Amendments;

1. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

1. If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

1. Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

1. Multiple quotations. Contractors are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

1. Late submissions.

4. Contractors are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

4. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the CO determines that accepting the late quotation would not unduly delay the acquisition.

4. If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

1. Contract award. The Government intends to evaluate quotations and issue a BPA based on the initial quotations received. Therefore, the Contractor’s initial quotation should contain the Contractor’s best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or determine final BPA terms with, one or more, but not all, Contractors if later determined by the CO to be necessary. However, the CO will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR Part 15.306. The Government may reject any or all quotations if such action is in the public interest; and issue a BPA to other than the Contractor with the lowest priced quotation.

1. Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the Contractor qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the Contractor specifies otherwise in the quotation.

1. Availability of requirements documents cited in the solicitation.

7. (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (h)(1)(i) of this provision. Additional copies will be issued for a fee.

7. Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

7. Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

7. Nongovernment (voluntary) standards shall be obtained from the organization responsible for their preparation, publication, or maintenance.

1. Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding $3,000, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Contractor shall enter, in the block with its name and address on the cover page of its quotation, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the Contractor’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Contractor to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A Contractor within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet athttp://fedgov.dnb.com/webform. Any Contractor located outside the United States shall contact the local Dun and Bradstreet office for a DUNS number. The Contractor should indicate that it is a Contractor for a Government contract when contacting the local Dun and Bradstreet office.

1. SAM. Unless exempted by an addendum to this solicitation, by submission of a quotation, the Contractor acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Contractor does not become registered in the SAM database in the time prescribed by the CO, the CO will proceed to award to the next otherwise successful registered Contractor. Contractors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

1. Requests for information. The CO will not notify unsuccessful Contractors that responded to this solicitation. Contractors may request information on award(s) resulting from this solicitation from the CO.

(End of Provision)

D.3 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO CONTRACTORS – COMMERCIAL ITEMS (TAILORED FOR SAP)

1. NOTICE TO CONTRACTORS: The awarded Contractor is advised that only the CO, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery, unless otherwise specified within this solicitation. In the event the Contractor initiates any such change at the direction of any person other than the CO, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase of costs incurred as a result thereof.

2. NOTICE OF SET-ASIDE: This Request for Quotation (RFQ) will be issued as Full and open Competition solicitation. The selected NAICS code for this requirement is 325413 with a size standard of 1,250 Employees. The selected Federal Supply Code (FSC) for this requirement is 6550.

3. SUBMISSION OF QUOTES: Offeror(s) shall submit their quote via email on company letterhead and shall include the completed pricing forms, along with name, address, telephone number of the offeror, firm’s Unique Entity ID, total price showing base year, total pricing for each optional year and a completed copy of FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items or a copy of offeror’s annual offeror representations and certifications (ORCA) document from www.sam.gov as required by FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items.

Contractors should thoroughly review the specifications and become familiar with areas of coverage prior to submitting a quote. Failure to understand the solicitation requirements shall not relieve the successful Contractor from performing in accordance within the strict meaning and intent of the specifications. By submitting a quote to the VA, the Contractor is confirming its complete understanding of the requirement as described within this solicitation. Pricing shall be all inclusive of all necessary and appropriate labor, transportation/delivery, housing, administrative functions, insurance coverage, and all other cost normally associated to provide the commercial items as outlined herein. The VA shall not reimburse any costs not incorporated into the Offeror’s price.

Offeror quotations must demonstrate meeting the salient physical, functional, or performance characteristic specified in this solicitation. Included with your quote, Contractors shall complete the “fill-ins” designated in GREEN contained within this solicitation and a capability response must be provided to each section/subsection of the SOW on whether the requirements are met. The SOW section and subsection must be clearly addressed, otherwise it may be considered non-responsive.

The information identified provided is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the services being requested stated in Section B.3, statement of work.

It is the responsibility of each Contractor to examine this RFQ to verify that all they have all the pages, to include all attachments. In addition, in compiling this package some pages may have been duplicated. If you feel that you are missing pages or have duplicate pages, you are urged to contact the person listed on the SF 1449, Block 7a/b.

Submit all question(s) to Carlos Magana: Carlos.Magana@va.gov no later than forty-eight (48) hours after release of this solicitation. Ensure to reference solicitation # 36C26223Q0389 within the subject line of the email. Questions received after deadline will not be addressed.

Quotes must be received by January 18, 2023 and before 9:00 AM PST. Email your quote to Carlos Magana at Carlos.Magana@va.gov. Ensure to reference solicitation # 36C26223Q0389 within subject line of the email. Quote(s)/offer(s) received after the prescribed deadline, will be considered non-responsive and will not be considered for award.

(End of Addendum to 52.212-1)

D.4 52.212-2 EVALUATION – COMMERCIAL ITEMS ( OCT 2014)

(a) The Government will issue a single award BPA resulting from this solicitation to the responsible Contractor whose quote meets the minimum technical requirement stated within this solicitation and quotes the lowest price.

Factor 1 – Technical Capability. Quotes shall be evaluated on their capability to meet the minimum technical requirements as listed in Section B.3 of this solicitation. If providing an alternative to the minimum requirement, Contractors are HIGHLY RECOMMENDED to provide a detailed description of the quoted alternative.