J061--Combined Synopsis/Solicitation- 626-24-1-4123-0173 -Replace UPS Batteries

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

This solicitation is issued as a request for quotes (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05 dated 10/04/2023 and VA Acquisition Regulation (VAAR) Update 2008-37.

This solicitation is 100% set-aside for Service-Disabled Veteran-Owned small businesses (SDVOSB).

To be eligible for award, the contractor must be listed and viewable in the Small Business Administration (SBA) Veteran Small Business Certification Program at veterans.certify.sba.gov at the time of offers due and award. Offerors in reverification status are not eligible.

In accordance with FAR 52.204-7, all prospective offerors must have an active SAM registration at time of offer and award.

Any subcontractor with a sam.gov registration must not be on the excluded party list for award to the prime contractor.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $12.5 million.

The FSC/PSC is J061.

The Government will award a firm-fixed price (FFP) service contract to the responsive and responsible vendor whose offer, conforming to the synopsis/solicitation, will be most advantageous -i.e., Best Value- to the Government as determined by the solicitation evaluation criteria for the requirement detailed in the statement of work.

Any questions or concerns regarding this solicitation should be forwarded via email to sascha.hertslet@va.gov no later than 12:00pm, Central Time (CT), Monday, November 27, 2023, to give the Government ample opportunity to respond and consider whether to extend the solicitation period.

Submit final offers electronically via email only not later than 10:00am (CT), 11/29/2023 to the POC listed in the cover page of this notice.

APPLICABLE WAGE DETERMINATION (WD) RATE:

Service Contract Act WD No. 2015-4647. Revision 23. Dated 8/4/2023. State: Tennessee. County: Davidson. https://sam.gov/wage-determination/2015-4647/23

SITE VISIT:

Point of Contact for the site visit is with the contracting officer s representative (COR) Mitchel Cram, Mitchel.cram@va.gov, mobile 931-698-6389. Arrangements must be made with the COR before visiting the site and completed before offers are due. Unannounced and unscheduled site visit is at the COR s discretion for acceptance. A site visit is not mandatory but highly encouraged.

PRICE/COST SCHEDULE:

ITEM INFORMATION

ITEM No.

DESCRIPTION OF SUPPLIES/SERVICES

QTY

UNIT

UNIT PRICE

AMOUNT

0001

80.00

EA

_______________

_______________

NEW VALVE-REGULATED LEAD-ACID (VRLA) BATTERIES FOR TWO (2) EATON POWERWARE 9390 UNINTERRUPTIBLE POWER SUPPLY UNITS

[Serial No. EC512CAB05 and Serial No. EC511CAB09]

BATTERY MAKE, MODEL, PART NUMBER, AND PLACE OF MANUFACTURE:

____________________________________________________________________

0002

1.00

JB

__________________

__________________

CERTIFIED ELECTRICIAN OR EQUIVALENT TO REMOVE EXISTING 80 VRLA BATTERIES FROM BOTH EATON POWERWARE 9390 UPS UNITS

0003

1.00

JB

__________________

__________________

CERTIFIED ELECTRICIAN OR EQUIVALENT TO INSTALL NEW 80 VRLA BATTERIES IN BOTH EATON POWERWARE 9390 UPS UNITS

0004

1.00

JB

__________________

__________________

DISPOSE OFF-SITE USED 80 VRLA BATTERIES IAW STATE AND FEDERAL STANDARDS.

0005

1.00

JB

__________________

__________________

EATON TECHNICAL SERVICE REP OR AGENT TO TROUBLESHOOT, TEST, CONFIGURE, CALIBRATE EATON POWERWARE 9390 UPS UNITS [Serial No. EC512CAB05 and Serial No. EC511CAB09] WITH FINAL WRITTEN REPORT CONFIRMING UNITS ARE FULLY-OPERATIONAL IN ACCORDANCE WITH (IAW) EATON CORPORATION AND VA TVHS UPS BATTERY REPLACEMENT STANDARDS.

Note: Prices are in US Dollars rounded to the nearest hundredth position.

GRAND TOTAL

__________________

DELIVERY SCHEDULE:

ITEM No.

QTY

UNIT

ESTIMATED DELIVERY TIME AFTER AWARD/ORDER PLACEMENT:

0001

80.00

EA

NLT 45 DAYS AFTER ORDER PLACEMENT/AWARD

0002

1.00

JB

COORDINATED WITHIN 2-WEEKS OF DELIVERY OF CLIN0001 AND COMPLETED IN ONE BUSINESS DAY

0003

1.00

JB

SAME DAY AS CLIN0002

0004

1.00

JB

SAME DAY AS CLIN 0002

0005

1.00

JB

SAME DAY AS CLIN 0002

DELIVER CLIN 0001 DIRECT TO TVHS NASHVILLE CAMPUS WAREHOUSE BEFORE INSTALLATION AND OPERATIONAL TESTING SERVICES ARE COORDINATED,SCHEDULED, AND COMPLETED.

PERIOD OF PERFORMANCE:

No longer than 60 calendar days from award date.

STATEMENT OF WORK:

[End of Statement of Work]

PROVISIONS/CLAUSES:

The full text of FAR and VAAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html and https://www.va.gov/oal/library/vaar/vaar852.asp

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following solicitation provisions and clauses apply to this acquisition:

FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (Dec 2022)

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order. All clauses incorporated by reference in numeric order under 52.252-2 (see below):

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

852.201-70 Contracting Officer s Representatives. (Dec 2022)

852.203-70 Commercial Advertising (May 2018)

852.219 10, VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses (Jan 2023)*

*Note: (e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting by the end of the base term of the contract or order.

852.232-72 Electronic Submission of Payment Requests (Nov 2018)

852.237-75 Key Personnel (Oct 2019)

852.242-71 Administrative Contracting Officer (OCT 2020)

852.219-75Â VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction.

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

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

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

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

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

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

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

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

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

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

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

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

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

Certification:

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

Printed Name of Signee:Â ________________________________________

Printed Title of Signee:Â _________________________________________

Signature:Â ___________________________________________________

Date:Â _____________________

Company Name and Address:Â ______________________________________

________________________________________________________________

(End of clause)

(End of Addendum to 52.212-4)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Mar 2023)

The following subparagraphs of FAR 52.212-5 are applicable:

 (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract

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

(8) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023)

(Section 102 of Division R of Pub. L. 117 328).

(9) 52.209-6, Protecting the Government s Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021)

   (22) 52.219 27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (OCT 2022) (15 U.S.C. 657f).

   (23) (i) 52.219 28, Post-Award Small Business Program Rerepresentation

(SEPÂ 2023) (15 U.S.C. 632(a)(2)).

(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

   (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

(33)(i)Â 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020)

(29 U.S.C. 793).

(36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(45) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

(52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(59) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

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

67).

52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Electrician $26.47 - $4.98

52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(End of Clause)

BASIS FOR AWARD: Award will be based upon offerors compliance and response to the instruction, evaluation, and certification submissions asked for in this solicitation. If two or more quotes are received, a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13.106 will be done. Comparative evaluation is the side by side pairwise comparison of quotes based on the decision factors given below resulting in a Contracting Officer decision for the quote most favorable i.e., Best Value- to the Government.

FAR 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (Mar 2023)

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment (NOV 2021)

FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (OCT 2020)

FAR 52.237-1 Site Visit (APR 1984)

VAAR 852.209-70 Organizational Conflicts of interest (OCT 2020)

VAAR 852.273-74 Award Without Exchanges (NOV 2021)

Addendum to FAR 52.212-1(b) Submission of Offers:

All offerors must also submit the following:

Proof of qualifications and certifications for the service worker (key personnel) who will conduct the removal and installation service on site.

Spec Sheet of the Make and Model of replacement battery

Completed Offeror Declaration

Submit completed FAR_Reps&Certs-ConfirmationStatement.docx

Statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

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

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

Failure to include either statement is grounds for rejection of the offer.

Addendum to FAR 52.212-1(b)(6):

Complete and submit the Price/Cost Schedule.

Addendum to FAR 52.212-1(b)(8):

The Offeror must complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.

If the Offeror has not completed the annual representations and certifications electronically, the Offeror must complete only paragraphs (c) through (v)) of this provision.

(End of Addendum to 52.212-1)

FAR 52.212-2, Evaluation Commercial Products and Commercial Services (Nov 2021)

The Government will 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 following factors listed will be used to evaluate offers:

Key Personnel Qualifications and certifications

Product Technical Specs

Price

Speed of Delivery

Warranty terms of products and service

Past performance

Options. Not applicable.

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 there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR 52.212-3, Offerors Representations and Certifications Commercial Items (Nov 2021)

Note: Offerors must complete annual representations and certifications online in the System for Award Management (SAM) in accordance with FAR 52.212-3. If paragraph (b)(2) of the provision is applicable, a written submission is required.