G003--virtual yoga and wellness platform veterans integrated service network 04

Closed Solicitation Posted

Solicitation number
36C24422Q0016
Agency
Responses due
Set-aside
Total Small Business

Opportunity facts

Place of performance
Veterans Integrated Service Network 04, United States

Notice details come from SAM.gov. Updated .

About this opportunity

This solicitation from the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 04 seeks quotes to provide unlimited user access to an online wellness platform for up to 4,000 users. Required services include virtual live classes in yoga, tai chi, meditation, Pilates and other modalities to be offered daily with personal interaction and trauma-informed approaches. Quotes will be evaluated based on technical capability, price, and past performance with preference given to SDVOSB and VOSB small businesses. Quotes are due by October 12, 2021.

This requirement is set aside for total small business and the NAICS code is 713940 for Fitness and Recreational Sports Centers. The anticipated firm fixed price contract includes one base year from November 7, 2021 through November 6, 2022 and four one-year option periods. This virtual requirement applies local Department of Labor wage determinations at the contractor's place of performance for remote work.

Notice text

2 versions

Update #2 · Latest ·

Solicitation Amendment 36C24422Q0016 0001

I. The purpose of this solicitation amendment is to answer vendor questions and extend the response time of solicitation 36C24422Q0016.

II. Contractors submitted 17 questions. The government has included those questions verbatim and provided answers below:

Question 1: While the classes can be live, can they be recorded for future use?

Answer 1: Per Statement of Work Section B, Classes shall be taught via live, two-way video in group settings. Additionally, students may not be recorded due to privacy concerns.

Question 2. Can the classes be put together in a series as an on-demand format for people to go back to review the class again?

Answer 2: Per Statement of Work Section B, Classes shall be taught via live, two-way video in group settings. Additionally, students and any student interactions or information may not be recorded due to privacy concerns. Recordings of facilitators may be provided as a library session but pre-recorded sessions do not meet the primary requirement of providing live, interactive classes.

Question 3: While veterans can have unlimited classes, what is the maximum number of veterans do you anticipate joining per class?

Answer 3: The government estimates a maximum enrollment of approximately 20 VISN04 users per class. However, this is only an estimate and may not align with actual demand.

Question 4: How long can the classes be per session?

Answer 4: The length of classes provided should reflect accepted industry practices for the modalities offered. IE: 15 minutes for breath work and meditation, or 60 minute or longer classes for yoga. Contractor shall indicate potential timeframes in the actual or potential schedule included in solicitation response.

Question 5: Can we use a platform that has already been created (e.g. Zoom, google meet, studiogrowth, etc.) or will the VA have their own platform for us to work off of?

Answer 5: The VA will not provide the platform. The contractor may use commonly-used two-way platforms that have already been created such as Zoom.

Question 6: Could we rent space at a VA hospital or use a government facility to put on these virtual classes or would we have to provide our own space?

Question 6: No, the government will not provide space for performance. Contractor must provide their own space and equipment to meet the performance requirements outlined in the SOW.

Question 7: Could you provide more clarification on this part: System configuration shall not require any hardware or software specific to the service, and shall be capable of functioning via wireless connection to the internet (i.e. via Wi-Fi connectivity).

Answer 7: Users will not have to acquire specific hardware or software to participate in the classes beyond their own personal devices, and potential download of commonly-used two-way platform applications such as Zoom if the platform is not embedded in the contractor s website.

Question 8: If veterans sign up for the class but no one logs in for the class, would we still get paid for performing that class?

Answer 8: Yes, the contractor must provide VISN04 users access to classes in accordance with the Statement of Work to be paid. Contractor is not paid per class or per user enrollment.

Question 9: This would be 10 different classes in one day with that being 50 classes offered per week or two classes per day to make 10 per week?

Answer 9: The contractor shall provide at least 10 classes per day; at least cumulative 50 classes from Monday through Friday (contractor not required to provide services on Federal Holidays).

Question 10: The 4 classes for Saturday & Sunday- would this be 2 classes each day for a total of 4 Â or 4 each day to make a total of 8 weekend classes that should be offered?

Answer 10: Contractor shall provide at least 4 classes per day, for a total of at least 8 weekend classes (contractor not required to provide services on Federal Holidays).

Question 11: Would different classes need to be offered at the same times (for instance yoga for women veterans at 9am, FboNotice chakra trauma healing meditation for men at 9am & tai chi at 9am etc) or would it be by the hour/different time frames throughout the day?

Answer 11: Contractor has discretion to schedule classes in order to maximize the diversity of classes and access available to VISN04 users throughout the day and night. The government s intent is to provide options for access that accommodate VISN04 users who work regular and off-shifts.

Question 12: Last question how long do the classes need to be in length?

Answer 12: The length of classes provided should reflect accepted industry practices for the modalities offered. IE: 15 minutes for breath work and meditation, or 60 minute or longer classes for yoga. Contractor shall indicate potential timeframes in the actual or potential schedule included in solicitation response.

Question 13: Whether companies from Outside USA can apply for this? (like, from India or Canada)

Answer 13: This opportunity is open to U.S.-based and owned contractors performing in the U.S. Foreign-owned companies will not be considered for award.

Question 14: Whether we need to come over there for meetings?

Answer 14: This opportunity is open to U.S.-based and owned contractors performing in the U.S. Foreign-owned companies will not be considered for award.

Question 15: Can we perform the tasks (related to RFP) outside USA? (like, from India or Canada)

Answer 15: This opportunity is open to U.S.-based and owned contractors performing in the U.S. Foreign-owned and/or foreign-operated companies will not be considered for award.

Question 16: Can we submit the proposals via email?

Answer 16: Yes, as indicated on page 24 of the solicitation, responses must be provided to thomas.cossentino@va.gov by email.

Question 17: Could you please tell me if this is a new requirement, or if there is a current or previous contractor who has performed similar services? If available, can you please send along the incumbent contract or task order number?

Answer 17: All public information about past and current federal contracts is available at the Federal Procurement Data System: https://www.fpds.gov.

The government has answered all timely vendor questions, and the question period has closed.

III. The solicitation response time has been changed from 11:00AM EDT on 10/12/2021 to 11:00AM EDT on 10/13/2021. All quotations must be sent by email to thomas.cossentino@va.gov no later than 11:00AM EDT on 10/13/2021.

(End of Document)

Update #1 ·

36C24422Q0016

Page 9 of 10

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type:

Combined Synopsis/ Solicitation

Solicitation Number:

36C24422Q0016

Posted Date:

10/4/2021

Original Response Date:

10/12/2021 11:00 AM EDT

Current Response Date:

10/12/2021 11:00 AM EDT

Product or Service Code:

G003

NAICS Code:

Set-Aside:

713940, Fitness and Recreational Sports Centers

Total Small Business

Contracting Office Address

The Department of Veterans Affairs

Network Contracting Office 4

100 S. Independence Mall West

Philadelphia, PA 19106

Section A: Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. The Government reserves the right to make no award from this solicitation.

This solicitation is a request for quotations (RFQ). The government anticipates awarding a firm fixed price contract to include a one-year base performance period and four one-year option periods resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06.

The associated North American Industrial Classification System (NAICS) code for this procurement is 713940, Fitness and Recreational Sports Centers, and the Small Business Size Standard is $8 Million. This solicitation is set aside for total small business competition. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

The Department of Veterans Affairs, Network Contracting Office 4, is soliciting offers to provide unlimited user access to an online wellness platform to Veterans Integrated Service Network 04 (VISN04) as indicated in the Statement of Work (SOW). Respondents to this solicitation must fully demonstrate their capability by supplying detailed quote information along with any other documents necessary to support the requirements below.

All interested companies must provide quotations for the following:

Section B: Statement of Work

WELLNESS SERVICES: ONLINE YOGA

GENERAL INFORMATION

Background:

Veterans Integrative Service Network 04 (VISN04) comprises eight VA Medical Centers (VAMCs) in Pennsylvania and one in Delaware (Altoona, Butler, Coatesville, Erie, Lebanon, Philadelphia, Pittsburgh, Wilkes-Barre, and Wilmington, DE). In fiscal year 2020, the VISN04 staff of approximately 140,000 employees served 300,307 veterans. VISN04 has incorporated a range of online wellness services to provide additional self-care opportunities to patients and staff during the COVID-19 pandemic. The subject requirement aligns with this larger effort to provide engaging, interactive, and virtual self-care services to VISN04 patients and staff to mitigate the risk of COVID-19 transmission through on-site encounters. Additionally, expanding virtual self-care options decreases the need for afterhours virtual Complementary and Integrative Health (CIH) clinics. These self-care services align with the intent of Veteran Health Administration (VHA) Directive 1137: Provision of Complementary and Integrative Health (CIH).

General Scope of Requirement:

The intent of this solicitation and any resulting contract is to provide VISN04 patients and staff unlimited access to an interactive, virtual wellness platform that meets the requirements defined in this statement of work. VISN04 anticipates a need for access for up to 4,000 users, and contractors should prepare their price quotes in accordance with that need. Users shall be permitted to participate in unlimited classes. For informational purposes, VISN04 estimates approximately 1,000 user class enrollments per month based on historical usage; however, actual usage may diverge from this estimate.

The contractor shall provide access to the necessary resources and platform to accomplish virtual, interactive, digital participation in online classes of live yoga (multiple forms), tai chi, meditation/mindfulness, qi gong, Pilates, barre, and other live modalities described in this Statement of Work (SOW). The virtual delivery of these services shall provide real-time feedback, support, and personal interaction comparable to an onsite class, without physical contact.

In support of the VA mission, the contractor s roster shall include classes specifically oriented to the veteran population. The contractor shall have particular experience in leading trauma-informed yoga classes, which may help clients heighten their body awareness and thereby learn to release tension, reduce and control fear and arousal, and tolerate sensation. Trauma-informed yoga may help calm the mind, and regulate physical and emotional responses. Trauma-informed approaches teach clients to recognize and tolerate physical sensations and thereby regain a feeling of safety inside their bodies.

While these classes will facilitate interaction between users and instructors, they are in no way intended to provide psychological counseling or mental healthcare services. At no time may Protected Health Information (PHI) be shared between VA users and the contractor.

The government anticipates award of a firm, fixed price contract to include one base year and four one-year option periods. The anticipated base performance period is 11/07/2021 through 11/06/2022.

SALIENT CHARACTERISTICS

Contractor shall provide:

Contractor shall provide virtual two-way interface for live wellness classes that provide meaningful person to person interaction for users. Such personal interaction is required to enhance engagement, ensure safety, and accelerate wellness outcomes. Live-streaming of classes that do not offer meaningful interaction does not meet this requirement.

System configuration shall not require any hardware or software specific to the service, and shall be capable of functioning via wireless connection to the internet (ie via Wi-Fi connectivity).

Contractor s online platform shall include a digital directory of classes.

Contractor shall provide availability of classes lead by teachers with trauma-informed training or certification.

Contractor shall provide an established standard operating procedure for addressing physical safety concerns of participants during live classes.

Contractor platform shall provide encryption to ensure security of user information. User information includes self-reported data such as name, address, email, and password. PHI shall not be shared between VA users and the contractor.

Contractor shall provide VA ability to track and monitor anonymized user information to assess usage and increase engagement.

Contractor shall offer Veterans-only classes.

Contractor shall offer Women-veterans only classes.

Contractor shall offer Pelvic Health classes and multi-week Pelvic Health programs with a recognized Pelvic Floor Physical Therapy approach. Contractor shall indicate selected approach in response.

Contractor shall offer VA the ability to receive user feedback in response to VA-provided questions.

Contractor shall offer workshops dedicated to specific practices (such as Tai-Chi) and modalities for more intense learning.

Contractor shall offer: Pre/Post Natal Yoga, Mindfulness classes, Pilates, Barre, Yoga Therapy, Neck & Shoulder Pain and back-care classes.

Contractor shall provide an online platform that delivers users unlimited access to live classes. (Contractor not required to provide services on federal holidays.)

Classes shall be taught via live, two-way video in group settings. Class size shall be conducive to personal interaction.

Contractor shall offer at least 10 virtual classes per day Monday through Friday and at least 4 classes per day Saturday and Sunday. Classes shall be available at a variety of times, day and night, to maximize accessibility for those who may work alternate shifts.

C. SOLICITATION RESPONSE

To assist VA in evaluating contractors capability to meet or exceed the requirements, contractors shall specifically address the following in their solicitation responses:

1] Contractor shall indicate their average class size, and describe how it facilitates meaningful two-way interaction.

2] Contractor shall indicate the range (different modalities) of classes offered, and times those classes are offered. Contractor should provide a current schedule of class offerings if available, or a sample schedule that would be offered if awarded a contract resulting from this solicitation. Availability of approaches specifically referenced in the SOW, to include yoga, tai chi, meditation, and guided imagery, should be indicated.

3] Contractor should indicate any specific experience, training, or certification for their firm and/or their specific instructors that situates their firm to successfully provide their services to military veterans.

4] Contractor shall describe their safety protocol to address user health emergencies during class participation (ie contractor capability to respond if a user falls or becomes non-responsive).

5] Contractor shall describe protocol to prevent or mitigate transmission of PHI.

(End of Statement of Work)

Section C: Price Schedule

All quantities and totals herein are estimates. The contractor will be paid only for actual work

performed and accepted by VA.

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001

12.00

MO

__________________

__________________

VISN04 USER ACCESS TO ONLINE WELLNESS PLATFORM IN ACCORDANCE WITH SOW

Contract Period: Base

POP Begin: 11-07-2021

POP End: 11-06-2022

0002

12.00

MO

__________________

__________________

VISN04 USER ACCESS TO ONLINE WELLNESS PLATFORM IN ACCORDANCE WITH SOW

Contract Period: Option 1

POP Begin: 11-07-2022

POP End: 11-06-2023

0003

12.00

MO

__________________

__________________

VISN04 USER ACCESS TO ONLINE WELLNESS PLATFORM IN ACCORDANCE WITH SOW

Contract Period: Option 2

POP Begin: 11-07-2023

POP End: 11-06-2024

0004

12.00

MO

__________________

__________________

VISN04 USER ACCESS TO ONLINE WELLNESS PLATFORM IN ACCORDANCE WITH SOW

Contract Period: Option 3

POP Begin: 11-07-2024

POP End: 11-06-2025

0005

12.00

MO

__________________

__________________

VISN04 USER ACCESS TO ONLINE WELLNESS PLATFORM IN ACCORDANCE WITH SOW

Contract Period: Option 4

POP Begin: 11-07-2025

POP End: 11-06-2026

GRAND TOTAL

__________________

Section D: Evaluation of Quotations

The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable. Specific information to be included in quotes is detailed in Section V below in Instructions to Offerors Commercial Items .

Following receipt of quotes, the Government will perform a comparative evaluation of the services quoted in accordance with FAR 13.106-2(b)(3). The Government will compare quotes to one another to select the quote that best benefits the Government by fulfilling the requirement.

Additional information pertaining to Comparative Evaluation is below:

What Comparative Evaluation is:

It is the direct comparison of one quotation/offer with another in a uniform and fair manner to determine which quote/offer provides the Government what it needs, where and when, as identified in the RFQ

It is an assessment of which response is the best as a whole

Once one quotation/offer is found acceptable, it is compared side by side to the remaining ones, and the best one is chosen

What Comparative Evaluation is not:

It does not individually evaluate quote/offers against specified evaluation factors

It does not assign a rating using a color, numerical, or other rating methodology

Although the process is not prohibited, it does not require additional evaluation to determine if minimal advantage is worth a minimal or normal price difference

It is not a low price technically acceptable (LPTA) or trade-off process

Contractors may submit more than one quote; however, contractors are strongly encouraged to submit their best technical solutions and prices in response to this request for quote. All quotes must be submitted by the deadline to be considered for evaluation.

The Government reserves the right to not select any quotes for award. Additionally, the Government reserves the right to cancel this solicitation at any time without making award.

The Contractor is responsible for all quote preparation costs, which, under no circumstances, will be paid or otherwise provided for by the Government.

Once the Government determines there is/are a contractor(s) that can provide a service that meet(s) the requirements of this request for quote, the Government reserves the right to communicate with only those contractors quoting the best-suited service to address any remaining issues.

The Contracting Officer will evaluate technical capability, price, and past performance.

In accordance with VAAR 852.215 70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, if vendors are found to provide quotes of equal benefit to the government, the government will award to the vendors in the following small business order of preference: SDVOSB, VOSB, Small Business subcontracting wholly with SDVOSB, Small Business subcontracting wholly with VOSB, Small Business subcontracting with any SDVOSB/VOSB company. All companies, both primary and subcontractors, must be registered and verified in the VIP database at the time of quote submission to be considered for the size designation of SDVOSB or VOSB.

Section E: Clauses and Provisions

The following clauses and solicitation provisions apply to this acquisition:

E.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

E.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of expiration.

(End of Clause)

E.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

E.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

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

[X] 852.203 70, Commercial Advertising.

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

[X] 852.215 71, Evaluation Factor Commitments.

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

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

[X] 852.233 71, Alternate Protest Procedure.

[X] 852.270 1, Representatives of Contracting Officers.

(End of Clause)

E.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

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

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

(End of Clause)

E.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

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

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

(End of Clause)

E.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html

http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR Number

Title

Date

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4

PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

OCT 2018

52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

AUG 2020

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

DEC 2013

852.242-71

ADMINISTRATIVE CONTRACTING OFFICER

OCT 2020

(End of Addendum to 52.212-4)

E.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91).

(3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203 13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[] (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 (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (6) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C).

[] (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (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. (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219 9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219 9.

[] (v) Alternate IV (JUN 2020) of 52.219 9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JULY 2014) of 52.222-36.

[X] (33) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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.)

[] (37)(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.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41)(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.

[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48) 52.225-1, Buy American Supplies (JAN 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 II (JUL 2020) (DEVIATION) of 52.225-3.

[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[] (50) 52.225 5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 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).

[] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.229 12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(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.

[] (iii) Alternate II (FEB 2006) 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:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (MAY 2014) (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).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (9) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records Negotiation.

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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 (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115 91).

(iv) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115 232).

(v) 52.219 8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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)

E.9 FAR 52.212-1, INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (OCT 2018)

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

All offers must include:

Contractor must submit a capability statement demonstrating the company s technical capability, experience, and ability to meet the requirements of the statement of work in full.

Completed price schedule included at Section C above. Failure to provide complete pricing per the price schedule at Section C above may result in the contractor s response being determined to be incomplete.

Contractor may submit up to three (3) recent and relevant past performance references demonstrating successful performance of requirements of similar size (dollar value) and scope (work performed). Past performance references must include contract number, brief description of work performed, customer point of contact, dollar value, and period of performance. The Contracting Officer may utilize all available records (e.g. CPARS and FAPIIS) to evaluate a contractor s past performance.

Contractor response should clearly and specifically address the following for favorable evaluation:

1] Contractor shall indicate their average class size, and describe how it facilitates meaningful two-way interaction.

2] Contractor shall indicate the range (different modalities) of classes offered, and times those classes are offered. Contractor should provide a current schedule of class offerings if available, or a sample schedule that would be offered if awarded a contract resulting from this solicitation. Availability of approaches specifically referenced in the SOW, to include yoga, tai chi, meditation, and guided imagery, should be indicated.

3] Contractor should indicate any specific experience, training, or certification for their company and/or their specific instructors that situates their firm to successfully provide their services to military veterans.

4] Contractor shall describe their safety protocol to address user health emergencies during class participation (ie contractor capability to respond if a user falls or becomes non-responsive).

5] Contractor shall describe protocol to prevent or mitigate transmission of PHI.

Acknowledgement of any solicitation amendments.

Wage determinations and occupational title selections that apply at contractor place of performance, or certification of contractor s exemption from the requirements of the Service Contract Labor Standards in accordance with FAR 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).

Offers that fail to furnish required representation or information, or reject the terms and conditions of the solicitation, may be excluded from consideration.

E.10 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in paragraph (c)(1) in the provision at 52.204 26, Covered Telecommunications Equipment or Services Representation, or in paragraph (v)(2)(i) of the provision at 52.212 3, Offeror Representations and Certifications Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services in paragraph (c)(2) of the provision at 52.204 26, or in paragraph (v)(2)(ii) of the provision at 52.212 3.

(a) Definitions. As used in this provision

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds does in paragraph (d)(2) of this section.

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

(i) For covered equipment

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

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

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

(ii) For covered services

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

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

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

(i) For covered equipment

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

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

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

(ii) For covered services

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

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

(End of Provision)

E.11 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

E.12 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Thomas Cossentino

thomas.cossentino@va.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

E.13 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html

http://www.va.gov/oal/library/vaar/

(End of Provision)

FAR Number

Title

Date

52.204-7

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-16

52.229-11

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

TAX ON CERTAIN FOREIGN PROCUREMENTS NOTICE

AND REPRESENTATION

JUL 2016

JUNE 2020

(End of Addendum to 52.212-1)

E.14 FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (OCT 2018)

Contractors 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 Items. If paragraph (j) of the provision is applicable, a written submission is required.

(End of Provision)

Section VI: Additional Information

This is an open-market combined synopsis/solicitation for services as defined herein.  The government intends to award a firm fixed price contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. 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:"

The contractor must list exception(s) and rationale for the exception(s).

All quotations must be sent via email to Thomas Cossentino, Contract Specialist, thomas.cossentino@va.gov. Submission must be received not later than 10/12/2021 at 11:00 AM EDT. Late submissions must be treated in accordance with the solicitation provision at FAR 52.212-1(f). Only e-mailed quotes will be accepted. It is the responsibility of the contractor to ensure and confirm the Government s timely receipt of their quote.

Any questions regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist, Thomas Cossentino, thomas.cossentino@va.gov no later than 10/06/2021 at 1:00 PM EDT.

This is a virtual requirement. Local Department of Labor Wage Determinations at contractor s place of performance apply for remote work. Contractor must comply with all applicable wage and hour laws and is responsible for selecting the correct occupation titles. Current Wage Determinations and revisions can be obtained online at: https://beta.sam.gov/.

(End of Document)

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36C24422Q0016.docx DOCX document

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Opportunity Agency Set-aside Responses due
G003--Gym Rental Services NAICS 713940 Veterans Integrated Service Network 1 No set-aside

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