SOW and Evaluation Criteria.docx

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Attached to
B505--Product Research Application and Database Federal contract opportunity
Solicitation number
36C26221Q0602
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 22

About this file

This solicitation is seeking quotes for a single award contract to provide medical product research and price benchmarking services to facilities within Veterans Affairs Veterans Integrated Service Network 22. The contract would have a one year base period and four one year option periods. Services required include providing access to a pricing database and real-time market research reports on various medical equipment, consumables, and supply categories. The contractor must also offer price analysis, quote analysis, and unlimited phone and email consultation. The solicitation is set aside for small businesses with a NAICS code of 519190 and size standard of $27.5 million. Quotes are due on April 13, 2021 by 1:00 PM Pacific Time and must be submitted electronically to the contracting officer. The solicitation will result in a fixed-price commercial item contract awarded to the responsible offeror providing the best value to the government.

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Attachment B - Contractor Qualifications.docx DOCX document
36C26221Q0602.docx DOCX document
Attachment A Schedule of Supplies and Services.xlsx XLSX spreadsheet

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PAGE INTENTIONALLY LEFT BLANK

Table of Contents

SECTION A1
1. BLANK PAGE.1
SECTION B3
1. GENERAL CONTRACT TERMS AND CONDITIONS4
2. STATEMENT OF WORK6
3. PACKAGING AND MARKING7
4. DELIVERIES AND PERFORMANCE7
5. CONTRACT ADMINISTRATION DATA8
6. SPECIAL CONTRACT REQUIREMENTS9
SECTION C10
1. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 2014)10
2. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)14
SECTION D15
1. CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS15
SECTION E16
1. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS --- COMMERCIAL ITEMS16
2. FAR PART 52.212-2 EVALUATION–COMMERCIAL ITEMS (JAN 1999)18
3. ADDENDUM to FAR 52.212-2 EVALUATION-- COMMERCIAL ITEMS18
4. FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)19
5. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)19

SECTION B – CONTRACT ADMINISTRATION DATA

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

0. OFFEROR:

[Company Contact Person’s Name]:
[Title]:
[Company]:
[Street Address]:
[City, State, Zip]:
[Phone number]:
[Email address]:
[DUNS Number]:
[TIN Number]:
[CAGE CODE Number]:
0. GOVERNMENT: Contracting Officer:Daniel Ruiz
Department of Veterans Affairs
Network 22 Contracting Office
4811 Airport Plaza Drive Suite 600
Long Beach, CA 90815
562-766-2280
Daniel.Ruiz@va.gov

1. OFFEROR REMITTANCE ADDRESS: See Section B, Part 5 for details.

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

AMENDMENT NUMBERDATE
________________________________________________________
________________________________________________________

1. NOTE: Procurement for these commercial services is being conducted according to Federal Acquisition Regulation (FAR) Part 12.6 Commercial Items, FAR Part 13 Simplified Acquisition Procedures, 13.5 Test Program for Certain Commercial Items, and Veteran Affairs Acquisition Regulations (VAAR) as supplemented with additional information in this notice.

1. GENERAL CONTRACT TERMS AND CONDITIONS

0. The Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22 intends to establish a Single Award Contract for Medical Product Research with Price Benchmarking Services. This Contract shall be a five (5) year term (broken into 1 year appropriations). The awarded Offeror agrees to the following terms of the Contract exclusively with the VISN facilities listed in Part 1.4 below. However, as requirements change, facilities within VISN 22 may be added or deleted by supplemental agreement between the Government and the Contractor.

0. See below for estimated period of the Contract:

Estimated Period of IHC CPT BPA

Base Period
4/13/2021
-
4/12/2022
Option Year 1
4/13/2022
-
4/12/2023
Option Year 2
4/13/2023
-
4/12/2024
Option Year 3
4/13/2024
-
4/12/2025
Option Year 4
4/13/2025
-
4/12/2026

0. Term extension: Within sixty (60) days of expiration of the base term, the Contracting Officer (CO) shall conduct an evaluation of the option to determine exercising of the optional term. Evaluation of option periods shall not obligate the Government to exercise the option periods.

1. The Government may extend the term of this contract by written notice to the Contractor within three (3) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend within five (5) days before the contract expires. The preliminary notice does not commit the Government to an extension.

1. If the Government exercises this option year, the extended contract shall be considered to include this option clause.

1. The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty-six (66) months (includes the six (6) month extension below), unless, otherwise directed by the CO through written direction.

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 CO may exercise the option by written notice to the Contractor within three (3) days of Contract expiration.

0. All attachments identified in Section D are hereby incorporated as a part of this document as an extension of the document itself. In addition, Section C shall supersede all other terms and conditions when in conflict, unless otherwise identified by the CO.

0. Schedule of Services: Completed Attachment A, Schedule of Supplies and Services; which shall serve as the Schedule of Supplies and Services.

2. Attachment A, Schedule of Supplies and Services, shall reflect the prices for a base year plus four (4) one (1) year options.

0. Column A shall identify the contract line item number.

0. Column B shall identify the item/part/service number.

0. Column C shall identify the nomenclature of the item/service.

0. Column D shall identify the individual unit price.

0. Column E shall identify the unit of issue, for example for products it may be each, or for services it may be months, or for software access it may be annual, etc.

0. Column F shall indicate the quantity of the line item.

0. Column G shall be the aggregate total of the line item.

0. The Grand Total Row (currently row 17) shall identify the overall total for the period of performance identified in cell C2.

0. There are five tabs in the excel schedule; each tab represents either the base period or an option year.

0. Schedule Attachment Tab “Additional Pricing Sheet” shall include all items not included within the base requirement that may be purchased as extras that would likely benefit the VA in regards to the requirements set forth in section B2 Statement of Work. These items may be purchased as necessary to meet VISN needs. The Government is not under any obligation to purchase items on this tab unless a modification via SF 30 is completed by the CO.

0. Participating Facilities: Additional Facilities, including station Community Based Outpatient Clinics (CBOCs), within the jurisdiction VISN 22 or this office may be added to this agreement with an exercise of a supplemental agreement between the CO and Contractor. Below are the primary healthcare facilities.

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

VA Sepulveda Ambulatory Care Center 16111 Plummer Street Los Angeles, CA 91343 818-891-7711 VA San Diego Healthcare System 3350 La Jolla Village Dr.

San Diego, CA 92161 858-552-8585

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

Northern Arizona VA Healthcare System

500 HW 89N

Prescott, AZ 86113

(928) 445-4860

Southern Arizona Healthcare System 3601 S 6th Ave Tucson, AZ 85723

(520) 792-1450

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

1. STATEMENT OF WORK (SOW)

1. General Descriptions

0. The purpose of this Statement of Work (SOW) is to outline the tasks and responsibilities required by VISN 22. The successful offeror shall provide a system or offer access to a system that provides market research, price and data benchmarking for medical equipment, medical consumables and other supplies. The market research portion of this system should include analysis of the requested equipment, market pricing and other aspects affecting competition of medical equipment. The system may be a computer program or a manually created report with access to an extensive database of pricing for medical equipment, consumables and other supply items.

1. Required Services

1. The awarded offeror shall provide a system or membership to a system with the following capabilities concerning medical equipment, consumables and other supply items:

0. Price Analysis – Custom quotation analysis on medical capital and maintenance agreements.

0. Pricing database access – Real time searchable database of purchases of medical equipment by anonymous organizations in the business or procuring medical equipment, consumables, other supply items and maintenance agreements which is updated weekly.

0. Market Research Reports – Real time, on demand reports that provide business and clinical product information including user satisfaction and model by model comparisons. Reports should include information concerning current technology, average pricing, break even models, service trends and other financial analysis.

0. Analyst Consultation – Provide unlimited phone and email consultation with clinical analysts concerning medical equipment and maintenance agreements during normal working hours.

0. Quote Analysis – Provide analysis of customer received quotes and contracts concerning medical equipment and maintenance agreements. All information provide to the contractor must remain confidential and not provided to third parties with any VA identifier information.

0. The scope of the consumables and equipment report categories as a minimum are as follows:

5. Invasive Cardiology

5. Cardiovascular Surgery

5. Electrophysiology

5. Orthopedic Surgery

5. Spine Surgery

5. General Surgery

5. Consumable Associated with Medical Capital equipment

5. Lab Reagents

5. Medical Laboratory Equipment

5. Biologics

1. PACKAGING AND MARKING

2. N/A – Left Blank

1. DELIVERIES AND PERFORMANCE

3. Implementation

0. Implementation shall begin after award of the contract. Implementation will include training, setup of user accounts and providing access to the overall pricing database.

1. CONTRACT PURCHASE AGREEMENT ADMINISTRATION DATA

4. Ordering, Invoice and Payment

0. 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:

Name:

Address:

Phone No:

Fax No:

Contact Name:

Email:

Name:

Address:

Phone No:

Fax No:

Contact Name:

Email:

4. Payment Address - The Contractor shall submit in arrears (monthly or, otherwise as agreed upon) properly completed individual itemized invoices in accordance with FAR Part 52.232-34, Payment by Electronic Funds Transfer (Other than Central Offeror Registration) and VAAR Part 852.232-72 (or call 1-877-752-0900, Option 2 for questions) to the Department of Veterans Affairs, Financial Services Center. In addition, the Contractor shall be registered and submit all invoices via HTTP://WWW.TUNGSTEN-NETWORK.COM/US/EN, unless otherwise instructed by the CO.

4. Invoice Information - 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)

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

2. Contract Number (For Example: VA262-BP-001)

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

2. A Line Item break down of usage for example:

3. Line item 1 CBC CPRR: 10 ea at $4.00 for a total of $40.00

3. Line item 4 Retic CPRR: 20 ea at $10.00 for a total of $200.00

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

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

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

4. Contract Program Manager

3. 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.

Contact Name:

Contact Title:

Address:

Direct Phone No:

Alt. Phone No:

Fax No:

Email:

4. Hours of Work

4. Holidays. Only emergency service shall be provided on National Holidays and only if authorized by the COR, in advance. The rates shall be chargeable as per Supplies or Service and Prices/Costs section herein, Schedule of Labor Charges and Replacement Parts. Whenever a scheduled service/delivery falls on a federal holiday, the Contractor shall consult with the COR to determine if a deviation from the work schedule is necessary. Should a service/delivery fall upon a Contractor Holiday, the Contractor shall support the U.S. Government as it would any other primary customer and provide feasible working solutions to make sure that the service/delivery is not interrupted. Listed below are the legal Government holidays.

New Year’s Day
January 1st
Martin Luther King’s Birthday
Third Monday in January
President’s Day
Third Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Veteran’s Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Christmas Day
December 25th

When a National Holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a National Holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Solicitation agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a National Holiday.

1. SPECIAL BLANKET PURCHASE AGREEMENT REQUIREMENTS

5. N/A

SECTION C - CONTRACT CLAUSES

1. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on SubContractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).(ALL) ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).($5M<) ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ($25K<) ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ($30K<) _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the Offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X_ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subContractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one (1) or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://www.acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

FAR Number
Title
52.202-1
DEFINITIONS
Jul-04
52.203-5
COVENANT AGAINST CONTINGENT FEES
May-14
52.209-7
INFORMATION REGARDING RESPONSIBILITY MATTERS
Jul-13
52.212-4
CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS
Sep-13
52.217-8
OPTION TO EXTEND SERVICES
Nov-99
52.217-9
OPTION TO EXTEND THE TERM OF THE CONTRACT
Mar-00
52.222-4
CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION
May-14
52.223-6
DRUG-FREE WORKPLACE
May-01
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
Jun-13
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
Dec-13
52.233-1
DISPUTES
Jul-02
852.203-70
COMMERCIAL ADVERTISING (>$3K)
Feb-06
852.203-71
COMMERCIAL ADVERTISING
Jan-08
852.211-70
DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER
Dec-92
852.232-72
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
Nov-12
852.237-70
CONTRACTOR RESPONSIBILITIES
Apr-84
DEFINITIONS
Jul-04
COVENANT AGAINST CONTINGENT FEES
May-14
INFORMATION REGARDING RESPONSIBILITY MATTERS
Jul-13
CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS
Sep-13
OPTION TO EXTEND SERVICES
Nov-99
OPTION TO EXTEND THE TERM OF THE CONTRACT
Mar-00
CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME COMPENSATION
May-14
DRUG-FREE WORKPLACE
May-01
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
Jun-13
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
Dec-13
DISPUTES
Jul-02
COMMERCIAL ADVERTISING (>$3K)
Feb-06
COMMERCIAL ADVERTISING
Jan-08
DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER
Dec-92
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
Nov-12
CONTRACTOR RESPONSIBILITIES
Apr-84

(End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document ATTACHMENT A SCHEDULE OF SUPPLIES AND SERVICES

See attached document ATTACHMENT B CONTRACTOR QUALIFICATIONS

SECTION E - SOLICITATION PROVISIONS

1. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2014)

0. INSTRUCTIONS TO OFFERORS: Offerors shall submit one (1) copy of the electronic Solicitation document with all fill-ins completed through Microsoft Word or Microsoft Word Compatible software; all required documents attached must be submitted and received via email at david.chakka@va.gov by the due date and time specified on the announcement. In addition, the Offeror shall submit documentation in accordance with “Instructions in Providing Quotes” in Section E, Part 1.2, below.

0. The Solicitation has been designed to be completed entirely through electronic means. To fill out all the required information, use the “Tab” key on your computer keyboard. This will jump the Offeror to the next field that requires a response. Do not use the “Enter” key as that will not take the Offeror to the next field and only changes the spacing format of the Solicitation. It is recommended that the entire Solicitation be read completely prior to filling out the Solicitation.

0. Offerors should thoroughly review the specifications of the Solicitation and be familiar with the requirements of the Solicitation prior to submitting offers in order to be fully aware of the scope of supplies and/or services required. Failure to do so will not relieve the successful Offeror from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government. The Government shall not reimburse any cost not incorporated into the Offeror’s price.

0. TECHNICAL INQUIRES: Direct all technical inquiries in writing to the CO, David Chakka, via email to david.chakka@va.gov. See Section E, Part 1.2.4 below for additional information.

0. NOTIFICATION TO ALL OFFERORS: The FAR requires all Offerors conducting business with the Government to be registered in the following online database:

The System for Award Management Government-wide online database for the provision of basic information (CCR) and Online Representation and Certifications relative to awards. https://www.sam.gov.

IT IS IMPERATIVE THAT THE ABOVE DATABASE REGISTRATIONS BE ACTIVE AND COMPLETED AT THE TIME OF OFFER SUBMITTAL, OTHERWISE THE OFFEROR MAY BE CONSIDERED NONRESPONSIVE AND NOT BE CONSIDERED FOR AWARD.

0. PAYMENT: For implementing electronic fund transfer (EFT) payments, please contact your financial institution for assistance in completion of the Payment Information Form – VA 10091 (found at https://vaww.vafos.fsc.va.gov/FormVA10091/VA10091.htm) and submit it to the VA Financial Services Center in Austin, Texas. If already completed with other procurement actions with VISN 22, no further action is necessary.

0. This procurement shall be conducted under FAR Part 12, 12.603 and 13.5. Award of a Contract in reference to this Solicitation shall be based on the Offeror's ability to provide those specific supplies and/or services stated in the Solicitation. Please see FAR Part 13 Best Value criteria in Section E, Part 3, below.

0. Offerors shall not make any changes to this Solicitation document, its terms, or its conditions excluding fill in boxes. Any changes made to this Solicitation without the expressed written authorization of the CO may result in the immediate termination of an awarded Contract without compensation of costs to the Offeror. In addition, any changes made without the expressed written permission of the CO may result in a nonresponsive offer from the Offeror resulting in exclusion from this Solicitation proceeding at the sole discretion of the CO. This document is locked, only access to fill-ins is authorized, any attempt to circumvent or bypass the security measures in this Solicitation shall result in immediate exclusion from this Solicitation and the Offeror may be reported to the appropriate authorities for disciplinary measures which may include, but not be limited to, the exclusion from future federal contracts and agreements.

0. The awardee shall be required to submit a copy of the commercial subcontracting plan, if applicable, no later than five (5) business days of Contract award. Lack of submittal may delay proceeding with award and may result in termination of the Contract.

0. INSTRUCTIONS IN PROVIDING QUOTES

1. Submittal of Quotes: Offerors shall submit quotations in accordance with the quantities and format specified in the instructions provided below. Please include the name, address and phone number of your company on the top of each submittal. If the file(s) is too large to send via one (1) email, the Offeror may provide the submittal in multiple emails; however, the emails must be identified such that the CO is notified as to the total number of emails that will complete the submittal (such as email submittal 1/5, 2/5, 5/5, etc.).

1. Breakdown of Submissions

1. One (1) Electronic Copy of the Solicitation with all fill-ins completed and delivered via email to david.chakka@va.gov by the Solicitation closing date.

1. One (1) Electronic Copy of the Offeror’s other than price submittal delivered via email to david.chakka@va.gov by the Solicitation closing date.

1. One (1) Attachment A, B completed and signed, when applicable; delivered via email to david.chakka@va.gov by the Solicitation closing date.

1. Offerors should email David Chakka at david.chakka@va.gov for a confirmation email of receipt for all electronically sent items. If you have not received a confirmation, your submittal may have not reached the intended recipient and may be excluded from consideration.

1. Submittal Format.

2. Offerors shall submit other than price and price submittals in two (2) separate files. Submittals shall be prepared using “Times New Roman” 11-point font style on 8½ x 11 inch white paper/background. Tables and illustrations may use a reduced font style, not less than 8-point. Foldouts are not allowed. Margins shall be no less than one (1) inch on all sides. All material submitted may be single-spaced. Offerors should ensure that each submittal provides identification of the submitting Offeror in the header or footer. Only the Contractor explanation portions within the solicitation format will be counted towards the page limit.

0. The CO may distribute copies to the other than price team for a confidential review.

0. Any technical information which is considered to be “proprietary” or confidential must be properly marked as such.

2. Page count for the submittal shall comply as follows: (NOTE: Pages beyond the maximum shall be removed from consideration.)

Price Submittal (Excluding Schedule)
Not to exceed 2 page(s)
Other than Price Submittal
Not to exceed 8 page(s)
Total Content
Not to exceed 10 page(s)

2. Offeror Concurrence. By submitting an offer to the Government in response to this Solicitation, the Offeror is confirming its complete understanding and agreement to the entire Solicitation, its requirements, and all equipment/labor/logistics/personnel, etc. required to successfully perform on the resultant award. The Offeror is also confirming that the North American Industry Classification System (NAICS) code specified on this Solicitation is also included in its company NAICS codes.

1. Offeror Inquiries and Questions

3. All inquiries and questions regarding the Solicitation shall be submitted no later than thirty-six (36) hours from Solicitation announcement to the CO at david.chakka@va.gov. Inquiries and questions beyond the allotted time period may not be accepted. The amendment shall be posted to the same location as the original announcement.

3. All inquiries, questions and answers shall be to all Offerors via amendment to the Solicitation no later than twenty-four (24) hours prior to the close of the Solicitation.

3. The deadline for all inquiries and questions shall be listed on the Solicitation announcement in Pacific Standard Time.

0. Upon award, awardee shall provide the following: 1) one (1) completed BAA or copy of the already established BAA between the VA VISN 22 and the awardee, and one (1) copy of the commercial subcontracting plan to the CO within five (5) business days after receipt of award (as applicable).

(End of Addendum to 52.212-1)

1. FAR PART 52.212-2 EVALUATION–COMMERCIAL ITEMS (JAN 1999)

(a) The Government shall award a Contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be most advantageous to the Government, price and other factors considered. The Government shall evaluate all quotes under the following factors below without any predetermined weights; award will be made to the Offeror who provides the best overall solution to the Government. Offeror responsibility shall be determined via past performance and by credible resources at the discretion of the CO. Reference Section E, Part 3, below for additional evaluation criteria. Best Value Evaluation Factors are listed below:

Factor 1 – Other than Price Factor 2 – Price

(b) Options. The Government shall evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of Provision)

1. ADDENDUM to FAR PART 52.212-2 EVALUATION–COMMERCIAL ITEMS (JAN 1999)

2. BASIS OF AWARD and EVALUATION OF COMMERCIAL ITEMS

0. This is a best value acquisition under FAR Part 12.602 and FAR Part 13.106-2(b)(3) procedures. Offerors that can meet the requirements of this RFQ under FAR Part 12 and 13 should take into consideration the complexity and extent of the supplies/services to be delivered/installed/performed. The best value factors include Factor 1 – Other than Price, and Factor 2 – Price.

0. Information presented within this Solicitation outlines the minimum criteria required to provide an solution to the meet the needs of VISN 22. Offerors shall provide information required below in order to assure a complete and proper understanding of the minimum specifications outlined within the Solicitation. Offerors shall clearly detail their ability to meet the required minimum requirements under each section identified in Factor 1. Offerors are also highly encouraged to provide information concerning their equipment and services that both meet and exceed the minimum requirements outlined within the Solicitation to receive higher consideration of the Offeror’s capability.

0. Offerors shall clearly mark and identify all information within the response with notations referring to the Solicitation section and subsections they reference. Offerors may use the Solicitation document as their response by inserting responses under each required item in the referred sections (Only response length shall be counted towards page limitations). Failure to identify sections and subsections with notations may result in a lower overall capability or considered nonresponsive for incomplete submittal due to failure to follow Solicitation submittal requirements.

2. Factor 1 Other than Price. The below sub-factors shall be evaluated at the sub factor level and shall not be combined/ into a combined single technical score for this factor. Other than Price Capabilities: An Offeror shall be evaluated to the extent to which it provides a response addressing the Offeror’s capability to meet the requirements for the sections below within the Solicitation. In addition, the Offeror is encouraged to provide information demonstrating the Offeror’s capability to not only meet but also exceed the minimum requirements stated within the sections below.

0. Required Services; See Section B, Part 2.2 of the Solicitation.

2. Factor 2 Price. The prices stated in Attachment A, Supplies and Services, are to be inclusive of all required supplies and/or services for the period of performance (POP) stated within the Solicitation for an awarded Contract. All pricing shall include any additional fees required as a result of the procurement. Additional costs and fees requested after submittal of the quotation shall not be honored and the Offeror’s original submittal may be considered incomplete and nonresponsive, thereby, no longer considered for award.

1. Submit a completed Schedule in Attachment A, Supplies and Services. See Section B, Part 1.3 of the Solicitation for guidance pertaining to additional information required within the Solicitation.

1. In addition, Offeror may submit a separate “PRICING NOTES” document outlining the formulation of prices and other notes. This shall be labeled as Attachment C, if necessary.

(End of Addendum to 52.212-2)

1. FAR PART 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

1. FAR PART 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This Solicitation incorporates one or more Solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a Solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://www.acquisition.gov/comp/far/index.html http://www.va.gov/oal/library/vaar/index.asp

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

FAR Number
Title
Date

52.204-16 52.204-18 52.209-5 52.216-1 52.233-2 52.225-25

852.209-70 852.216-70 852.233-70 852.233-71 852.270-1

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

CERTIFICATION REGARDING RESPONSIBILITY MATTERS

TYPE OF CONTRACT

SERVICE OF PROTEST

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN –REPRESENTATION AND CERTIFICATIONS

ORGANIZATIONAL CONFLICTS OF INTEREST

ESTIMATED QUANTITIES.

PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

ALTERNATE PROTEST PROCEDURE

REPRESENTATIVES OF CONTRACTING OFFICERS

NOV 2014

NOV 2014

APR 2010

APR 1984

SEP 2006

DEC 2012

JAN 2008

APR 1984

JAN 2008

JAN 1998

JAN 2008

(End of Provision)

File details come from the government source that posted it. Updated .