S02 36C26225Q0486_1.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

POINT OF CONTACT*

Contracting Specialist Koby Thiel Koby.Thiel@va.gov (520)-792-1450 Ext 1-6273

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

VA Loma Linda Healthcare System

11201 Benton St

Loma Linda CA

ADDITIONAL INFORMATION

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 2025-03.

This solicitation is set-aside for 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) IAW VAR 819.7006 VA service-disabled veteran-owned small business set-aside procedures.

The associated North American Industrial Classification System (NAICS) code for this procurement is 562211, with a small business size standard of $47.0 Million. The FSC/PSC is F999.

VA Loma Linda Healthcare System (VALLHCS) located at 11201 Benton St, Loma Linda, CA 92357 is seeking a potential qualified contractor that can provide hazardous waste removal services.

All Interested entities shall provide quotations for the following:

1. GENERAL. Contractor shall provide all labor, supervision, materials, transportation, tools and equipment necessary for hazardous material removal and disposal services as described herein for the participating VA Healthcare Centers as identified in paragraph 2 below.

2. PARTICIPATING VA HEALTHCARE CENTERS

VA Loma Linda Healthcare System 11201 Benton St.

Loma Linda, CA 92357-1000

3. APPLICABLE PUBLICATIONS:

The contractor shall be responsible for complying with all publications, including those identified below, in effect at the time of the proposal and all future updates:

a) 29 CFR 1910 Occupational Safety and Health Standards

b) 40 CFR Subchapter C, Hazardous Materials Regulations, Part 171 through 179

c) 49 CFR Department of Transportation

d) California Health and Safety Code, Division 20, Chapter 20, Chapter 6.5, hazardous Waste Control.

e) California Administrative Code, Title 22, Division 4, Environmental Health Standards for Management of Hazardous Waste

f) California Code of Regulations, Title 22, Sections 46027 and 25160

4. SPECIFICATIONS:

THE FOLLOWING CATEGORIES OF WASTE ARE SUBJECT TO THIS

CONTRACT:

Hazardous Waste: Any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, eat or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife.

Hazardous waste includes extremely hazardous material. This also includes all materials identified by the Resource Conservation and Recovery Act of 1976 (RCRA); Subtitle C, 40 CFR, Parts 260-265 and the State of California and Safety Code, Section 25117, NIOSH List of Antineoplastic and Other Hazardous Drugs in Healthcare Settings, 2016 and RCRA bulk Chemo Waste.

Extremely Hazardous Waste: This includes all materials also identified by the 1976 RCRA and State of California Health and Safety Code, Section 25115. This waste includes toxic corrosive acids, gases, chemicals, and solids which may be explosive, flammable or highly corrosive and could cause disease or serious injury to human health.

Mixed Waste (Medical Waste and Hazardous Waste): Contaminated dressings, tissues, gloves, masks, hair covers, and other materials. This is hazardous waste and is subject to the regulations applicable to hazardous waste.

Special Medical Waste: As defined in the Medical Waste Management Act (MWMA) (Ca. Health and Safety Code, Sections 117600-118360 and 49CFR Part 173, Appendix G)

Universal Waste: EPA’s universal waste regulations streamline hazardous waste management standards for federally designated “universal waste” shall include: batteries, pesticides, mercury containing equipment, and bulbs (lamps). Universal Waste regulations are set forth in 40 CFR part 273. Contractor shall be responsible for compliance with state regulations in California and Nevada.

Asbestos Waste: As defined in 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard For Asbestos.

THE FOLLOWING CATEGORIES OF WASTE ARE NOT SUBJECT TO THIS

CONTRACT:

General Waste: Waste (non-infectious, non-hazardous) which is considered not to harbor any viable pathogens nor hazardous materials. This waste may be placed into clear plastic liners and can be disposed of in landfills or incinerated; Includes medical waste that is rendered non-factious by autoclaving or by the use of Liquid Treatment System (LTS).

Medical Waste: Medical waste means waste which meets both of the following Requirements:

A. Composed of waste which is generated or produced as a result of:

a. diagnosis, treatment, or immunization of human beings or animals;

b. research pertaining to the activities specified in (a) above;

c. production or testing of biological.

B. The waste is any of the following; bio-hazardous waste, sharps-waste, pathology tissue, general pharmaceutical waste, trace chemo waste.

Mixed Waste: Mixtures of medical and non-medical waste. Mixed waste is medical waste, except for all of the following:

A. Medical waste and radioactive waste are subject to regulations applicable to radioactive waste.

B. Medical waste, hazardous waste, and radioactive waste are radioactive mixed waste and are subject to regulations applicable to hazardous waste.

5. DISPOSAL AND SANITATION REQUIREMENTS:

Contractor shall use their industry standard methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods, in accordance with EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pickup area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Particular attention shall be paid to the prompt cleanup of oil and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage. Contractor furnished containers shall be kept neat, in clean and sanitary appearances, and repaired or replaced as necessary.

Contractors should refer to the participating VA Healthcare System preferred disposal hierarchy when determining disposition of waste. This hierarchy consists of:

A. Recycling

B. fuel blending/ energy recovery

C. incineration (Part B permitted incinerators)

D. treatment (neutralization, stabilization) and/or landfill.

A detailed description of the VA Healthcare System disposal hierarchy is available from the Contracting Officer’s Representative (COR).

Contractor shall comply with all applicable federal, state, county regulations on workers’ safety standards and related training. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill. Certification of such training must be provided within fifteen days of receiving notice of award of the contract. Certification for any new employees and annual renewal certifications of existing employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training.

6. SAFETY REQUIREMENTS:

The contractor shall exercise safety precautions, as deemed necessary by the Contracting Officer or his/her designee during the performance of the contract, in order to protect lives and health. The Contracting Officer/designee shall notify the Contractor of any noncompliance with the foregoing provisions and advice the contractor of the action to be taken. After receipt of such notice, the Contractor shall immediately initiate corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue a stop-work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

7. GOVERNMENT FURNISHED PROPERTY AND SERVICES:

The Government shall provide the following property and services in connection with the Contractor performance.

A. Storage Areas: The Government shall provide secure storage areas to store the Contractor’s furnished containers and hazardous waste. The VA facility can package or consolidate their own waste stream and use the Contractor provided packaging or consolidate the waste as long as it complies with the Department of Transportation (DOT) and other regulations.

B. Pick-Up Schedule: The Contractor shall meet the pick-up schedule specified by each participating VA facility (schedule shall be provided upon award of contract). Depending on the type of waste, pick-up schedule might vary. On an as-needed basis the response time for removal shall range from 4 hours to five (5) calendar days.

C. Unscheduled Collection: The COR may require the Contractor to make unscheduled collections or disposals for special events or other occasions. The contractor shall respond within 24 hours of the event. Unscheduled services shall be ordered and billed in accordance with the unit pricing limits established at the time this contract is signed.

D. Forms: The Government personnel shall sign and fill in appropriate information on Contractor provided Waste Analysis Form.

8. NORMAL WORK HOURS:

This contract is a full service contract to include all necessary service calls, five (5) days per week, Eight (8) hours per day, between the hours of 7:00 a.m. to 4:30 p.m. (except for spill response, see item 8, paragraph k), Monday through Friday, National Holidays excluded. Any service or repair performed outside of normal working hours shall be approved in advance by the Contracting Officer’s Representative (COR) at a price agreed to by the Contractor and Contracting Officer. If appropriate, the Contracting Officer may authorize additional services under a separate purchase order.

9. NATIONAL HOLIDAYS OBSERVED BY THE GOVERNMENT:

New Year’s Day

January 1st

10. CONTRACTOR PERFORMANCE:

A. Work Practices and Standards: The Contractor shall have established standard operating procedures that shall be followed while conducting normal hazardous waste management activities. This includes site safety and contingency procedures, strike contingency plan, operational procedures, site management structure, supplies, equipment practices, material sampling procedures, hazard assessment and categorization procedures, packing procedures, quality assurance procedures, procedures for gaining waste acceptance into a facility and project management procedures.

B. Characterization of waste: The Contractor shall provide documentation that it has characterized the hazardous nature of all wastes produced by all equipment, devices, reagents, and discharges in accordance with the requirements of the Code of Federal Regulations Title 40 “Protection of the Environment” Part 261 et seq. and applicable state and local requirements. Documentation shall include a description of the characteristics of the hazardous waste produced as a byproduct of the instrument operations, Material Safety Data Sheets (MSDS) meeting the requirements of the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA), the analytical process used to determine the hazardous nature and characteristics of the waste, and the analytical test results. Testing of hazardous waste is to be done in accordance with testing protocol specified for each individual waste as described in the Code of Federal Regulations Title 40 to make a determination if the waste is a hazardous waste or otherwise regulated. The determination and description shall address the following:

a. Waste toxicity (Reference 40CFR261.11 and 40CFR261.24)

b. Waste ignitability (Reference 40CFR261.21)

c. Waste corrosivity (Reference 40CFR261.22)

d. Waste reactivity (Reference 40CFR261.23)

e. Hazardous waste from non-specific sources (F-listed) (Reference 40CFR261.31)

f. Discarded commercial products (acutely toxic or P-listed and toxic or U-listed) (Reference 40CFR261.33)

g. NIOSH List of Antineoplastic and Other Hazardous Drugs in Healthcare Settings, (2016 DHHS (NIOSH) Publication Number 2016-16), and RCRA bulk chemo waste.

h. Solid Waste (Reference 40 CFR 261.2)

i. Exclusions (Reference 40 CFR 261.4)

C. Quality Assurance: The Contractor shall develop and maintain a quality program to unsure refuse and recycling services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the next paragraph. The Government shall periodically evaluate the contractor performance by appointing a representative(s) to monitor performance to ensure services are received. The government may inspect each task as completed or increases the number of quality control inspections if deemed appropriate. Likewise, the government may decrease the number of quality control inspections if performance dictates.

D. Handling: Appropriate handling of waste is essential for the safety of Government and Contractor employees and cost containment. The contractor shall provide the employees training to ensure that established policies and procedures for Hazardous Waste are followed. Contractor employees providing site services shall be certified in 40 hour HAZWOPER training, have current HAZWOPER refresher training certifications, and wear appropriate protective equipment when handling hazardous waste.

E. Waste Containers: The contractor shall provide all appropriate collection containers at no cost to the government. Waste Containers, Identifying Labels, and Markings shall meet applicable safety codes and regulatory requirements. The contractor shall maintain all containers and government facilities ensuring they are free of unpleasant odors, dirt, debris and pests. Cleaning and decontamination of containers shall not be performed on Government property. Contractor shall provide manufacture’s specification and descriptive literature for approval. Waste containers shall be United Nation (UN) and Department of Transportation (DOT) approved.

F. Training: The contract shall include annual training for all employees who handle hazardous and/or universal waste, at least once per year, designated by the COR. The hazardous waste training program shall provide training to employees who generate hazardous waste in Satellite Accumulation Areas that have hazardous waste management responsibilities. Training shall incorporate Resource Conservation and Recovery Act (RCRA), state specific regulations and include storage, documentation, records management, safety data sheets, emergency responsibilities, and other pertinent topics. The training shall include DOT hazardous materials training that meet the requirements of 49 CFR 172.704. The Contractor shall partner with the COR to develop medical center specific training to nursing and Research staff on the collection and accumulation of hazardous and universal waste. This training shall be conducted in a train-the-trainer style by the contractor. The contractor shall provide their technical expertise on topics related to EPA, DOT, State-specific RCRA and other environmental regulations.

G. Reports/Tracking Documents:

Tracking Documents: The contractor shall maintain service records and submit them to the (COR) after each service. At a minimum the documents shall include the following information:

a. Types and quantities of treated and disposed waste

b. Methods of treatment and disposal

c. Location of licensed treatment and disposal facilities

d. Certification that hazardous waste has been packaged, collected, transported, handled, treated, and disposed of in compliance with regulatory agencies, laws, directives and ordinances

e. Original Uniform Hazardous Waste Manifest shall be submitted to the COR at the time of each pick-up.

f. Annual Waste Report: summarizing quantities of hazardous wastes generated by site and broken down by the waste profiles in use by the contractor.

g. Spill Report: When waste is spilled by the contractor at any pickup or storage location or during transport, the contractor shall submit a Spill Report identifying the spills. Such incidents shall be reported to the COR immediately, by telephone and in writing no later than seven (7) workdays after leaving the site. The Spill Report shall list at a minimum the type of spill, amount of waste, and personnel exposed to the spilled waste. The Contractor shall provide certification that the spill was removed, including a statement concerning the effect on any employees, and a description of the cause and corrective measure instituted by Contractor to ensure spills do not occur again. The Contractor is responsible for cleaning up spills that are caused by contractor employees.

H. Transportation: Hazardous waste shall be transported on the public highways by Environmental Protection Agency (EPA) approved (with DOT implications) licensed haulers to an approved disposal site. All Contractor vehicles used to transport hazardous waste must be currently licensed, permitted or otherwise registered in accordance with all applicable Federal, State, and Local laws. License number must be posted on the exterior of the vehicle. Each truck or van transporting hazardous waste must have an emergency spill clean-up plan and basic cleanup equipment on board.

a. California Registered Hazardous Waste Transporter

b. Department of California Highway Patrol Hazardous Materials Transportation License

c. Hazardous Materials Certificate of Registration with the United States of America Department of Transportation

d. Registered Hazardous Waste Hauler with the United States Environmental Protection Agency

e. HAZWOPER Certification - 40-hour initial training and annual refresher training for all contractor employees

Hazardous waste transporters must comply with the California Vehicle Code, CHP Regulations (Cal. Code Regs., tit. 13); the California State Fire Marshal Regulations (Cal. Code Regs., tit. 19); United States Department of Transportation (DOT) Regulations, Title 49, Code of Federal Regulations (49 Code of Federal Regulations); and U.S. Environmental Protection Agency (U.S. EPA) Regulations, Title 40 Code of Federal Regulations. In addition, hazardous waste transporters must comply with the Health & Saf. Code and Cal. Code Regs., tit. 22 which are administered by DTSC.

The following requirements must be satisfied:

I. Method of disposal: Waste generated by each VA Healthcare System and approved for transport to storage stations shall not be commingled in the same shipping container with wastes from other VA Healthcare System or any other generator, unless allowed by law. Disposal method shall be by recycle, incineration, treatment or land burial, whichever is appropriate and in compliance with Federal, State, and Local disposal regulations. The Contractor shall use a treatment, storage, or disposal facility that has a valid permit to manage hazardous waste. The Government must approve all disposal facilities used by the Contractor.

J. Spill Response: The Contractor shall provide spill response/clean-up as required by the Government. The Government shall provide the Contractor with the location, size, name of chemical or material involved, proximity of sewers and urgency and any governmental agencies called. The Contractor has four (4) hours to be on site after the phone call has been placed. The Contractor shall provide appropriate personnel and equipment to mitigate and remove released hazardous materials. Coverage shall be on a 24 hour, 7 day a week basis. The Contractor shall provide their spill procedures for integration into facility level SPCC (Spill Prevention Control and Countermeasures) contingency plans – and SSMP (Sanitary Sewer Management Plan) contingencies. The Contractor shall provide their billing procedure that would be used for spill and emergency response activity.

K. The Contractor shall provide degreed Chemists only when requested by the COR.

L. Laboratory technicians may be required to pack waste for pick-up and record waste statistics, only when requested by the COR.

M. A degreed Chemist and/ or a Laboratory Technician shall be provided, only when requested by the COR and with the approval of the CO, to perform work, such as, but not limited to, identifying properties of a chemical, procedures in handling chemicals, etc., that are beyond the capability of a trained and certified technician. Rates, terms and condition shall be in accordance with the contract.

11. IDENTIFICATION BADGE/UNIFORM:

Contractor personnel are required to wear ID badges during the entire time they are on VA Healthcare System grounds. ID Badges must have an identification picture and state the name of the individual and company represented. Contractor personnel shall contact the COR at each site for procedures specific to that site.

12. PARKING:

Park only in areas designated by the COR or otherwise directed by VA Police and Security Service Personnel. The Contractor shall display on each of its vehicles the company name in a manner and size that is clearly visible. The Contractor shall conform to the posted speed limits and parking restrictions set at each Government facility.

13. INDEMNIFICATION:

It is expressly agreed and understood by the Contractor and the VA Healthcare System that the Contractor agrees to indemnify the VA against all liabilities, claims, penalties incident to death, bodily injuries, destruction or damage to property, contamination of adverse effects on the environment or any violation of government laws, regulations or orders, caused in whole or part by the Contractor’s breach of any term of this agreement or any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract.

14. AUTHORIZED SERVICES:

Only those services specified herein are authorized under this contract. Prior to performing any service or repair on a non-contract nature, the Contracting Officer and the COR must be advised of the reasons for this additional work. The Contracting Officer or his/her designee in consultation with the COR may authorize the additional services or repairs under a separate purchase authorization. Reimbursement shall not be made unless prior authorization is obtained.

15. SMOKING POLICY:

Smoking is permitted only in designated areas which vary at individual VA Healthcare System sites.

16. MATERIAL SAFETY DATA SHEETS (MSDS):

The Contractor shall provide their employees with immediate access to MSDS for all hazardous substances.

17. CONTRACTORS EQUIPMENT:

Contractor’s truck should be equipped with a hydraulic lift. Contractor shall carry a minimum of four (4) 55-gallon Steel Drums (open type) and two (2) Polyethylene drums when providing hazardous waste transport for disposal. For large quantity waste generating healthcare centers and large clinics, the Contractor shall provide a large tractor trailer to handle many drums and laboratory packs for disposal.

Each vehicle shall have sufficient spill containment materials to respond to emergencies resulting from loss of containment, chemical reaction or other hazardous conditions. For very large spills when clean-up is requested by government, a large towable trailer with an industrial high-pressure power washer with a 250-gallon cleaning water collection tank shall be available for large fluid spills. The rinse solution from the power washing is bermed and sucked up with vacuum truck and taken for proper disposal.

18. CONTRACTOR EMPLOYEES:

The Contractor is responsible for providing fully knowledgeable, trained technicians that are competent to meet the contract requirements.

The Contractor or its employees are responsible for their proper protection during bulking process. Attire and Personal Protective Equipment (PPE), including respirators has to be appropriate for the hazardous condition of lab-packing, lifting, carrying, pouring, blending, moving and loading hazardous and toxic substances in limited confined entry space. Contractor employees should be enrolled in a Medical Surveillance Program that meets the standards of 29 CFR 1910 at the expense of the Contractor. Contractor furnishes and ensures good condition of all PPE for Contractor employees.

19. CONTRACTORS DISPOSAL LOCATIONS:

Contractor shall provide the COR with a list of (TSDF) treatment, storage, and disposal facilities that shall be used in conjunction with this contract. This list must include the name of the company, address, city, and state, zip code, telephone number, ESPA ID number, and disposal methods.

20. PENALITIES AND FINES:

The Contractor shall satisfy all applicable regulatory agency requirements. In the event a regulatory agency assesses a monetary fine against the Government for violations caused by the Contractor, the contractor shall reimburse the Government for the amount of the fine.

21. HAZARDOUS WASTE ANALYSIS:

Sampling and laboratory analytical services shall be provided by the Contractor every six months or as necessary to support operating and disposal requirements. Unless otherwise directed, all sampling and laboratory analysis shall be accomplished as described in the latest edition of Standard Methods for the Examination of Water and Wastewater, American Public Health Association, or in accordance with other regulatory agency ACO approved methods. The Government reserves the right to collect waste samples to perform tests and/or have the right to the tests performed by another laboratory to verify the Contractor’s performance.

A new hazardous waste contractor will need to develop new profiles of all hazardous waste streams to determine proper disposal fate. The past contractor’s waste profiles will not be available.

22. FIRE ALARM TRIP CHARGE:

If Contractor triggers a fire alarm due to negligence, inattention or failure to properly coordinate and request system shutdown, the Contractor shall be charged for actual costs incurred for Government personnel responding to the alarm. The Contractor shall be liable for losses associated with disruption of facility operations. In addition, the Contractor shall reimburse the Government for any fines and other costs imposed by Government, external agency, Fire Department, City, County, or State.

23. LIABILITY 28.307-2

(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

24. CONTRACTOR RESPONSIBILITIES

It is the responsibility of the Contractor to provide all services in accordance with applicable solid waste disposal codes and regulations, including the payment of any applicable fees that are mandated by the city, state, federal, etc. in order for the Contractor to retain his/her permits and/or licenses (see number 10 part H).

Required submittals with quotes SHALL include following:

· Examples of ALL reports. See Part G.

· Proof of:

· California Registered Hazardous Waste Transporter

· b. Department of California Highway Patrol Hazardous Materials Transportation License

· c. Hazardous Materials Certificate of Registration with the United States of America Department of Transportation

· d. Registered Hazardous Waste Hauler with the United States Environmental Protection Agency

· e. HAZWOPER Certification - 40-hour initial training and annual refresher training for all contractor employees

The contract period of performance is 5-1-2025 – 4/30/2030, with an FOP of Destination.

Place of Performance/Place of Delivery:

VA Loma Linda Healthcare System 11201 Benton St Loma Linda, CA 92357

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

The following solicitation provisions apply to this acquisition:

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

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

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” (Dec 2022).

ADDENDUM to FAR 52.212-4, “Contract Terms and Conditions-Commercial Products and Commercial Services” applies to and is included with this acquisition.

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (Sep 2023).

The following subparagraphs of FAR 52.212-5 are applicable: (b)(1), (4), (5), (7), (9), (11), (12), (18), (20), (25), (26), (31), (33), (34), (35), (36), (37), (38), (40), (42), (46), (51), (55), (59), (63), (64), (c)(1), (2), (3), (4), (7), and (8).

All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. This is accomplished through the Tungsten Network located at: http://www.fsc.va.gov/einvoice.asp. This is mandatory and the sole method for submitting invoices.

All quoters shall submit the following: All information required by FAR 52.212-1(b) Submission of Offers.

All quotes shall be sent to the Network Contracting Office (NCO): Koby.Thiel@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 pairwise 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, and past performance, with price more important.

Past performance will be based on CPARS and FAPIIS ratings. No rating in CPARS is equal to a neutral rating.

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

Responses should contain your best terms, conditions.

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."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Final submission of your response shall be received not later than 4/4/2024, 8:00 AM PST at Koby.Thiel@va.gov only. Subject line should include “RESPONSE TO RFQ 36C26225Q0486.”

Submissions shall include your quote as well as a capabilities statement with qualifications proving all certifications and education required for the work being conducted in the SOW. Submissions not meeting all requirements of the SOW will be considered ineligible for award.

Submissions shall be submitted with two separate files, one for all required technical submittals and the other for pricing. Technical submissions are to be redacted. Technical submissions are not to have any distinguishable traits. Pricing is to be submitted with a listed total for each period of performance (base, option year 1, option year 2, option year 3, and option year 4).

Quotes should be based on the information provided as no discussions will be allowed. This solicitation is being made under FAR 13.106-2(b)(3) using Simplified Acquisition Procedures.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

All questions are to be submitted to Koby Thiel, Koby.Thiel@va.gov, by March 27, at 8:00 AM PST.

All quotes regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Koby.Thiel@va.gov

A.1 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or VOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document.

(iv) The business has been verified for ownership and control pursuant to 38 U.S.C. 8127 and 13 CFR 128, and is certified and listed in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting, and the Veterans Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

(5) The term “VOSB participant” or certified VOSB means a small business that has been certified as eligible to participate in the Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). It includes certified service-disabled veteran-owned small businesses (SDVOSBs).

(b) General. In order for a concern to submit an offer and be eligible for the award of a VOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be certified and listed as a VOSB or SDVOSB participant in the certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified VOSBs or SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made only to a certified VOSB who is eligible at the time of submission of offer(s) and at time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as a VOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified VOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified VOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting (LOS) requirements in 13 CFR 121.406(b) and 125.6. For the purpose of the limitations on subcontracting, only certified VOSBs listed in the SBA certification database, (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 and/or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified VOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the VOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the VOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified VOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified VOSBs listed in the SBA certification database.

(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in the SBA certification database to count as similarly situated. Any work that a first tier VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. A VOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [X] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as a VOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.10, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2, Causes for Debarment).

(End of Clause)

A.2 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

Combined Synopsis/Solicitation Notice