S222-- Regulated Medical Waste New Base Plus Four

The purpose of this amendment for Solicitation# 36C24724Q0699 is to provide answers to questions from vendors. Please refer to document 36C24724Q0699 0001_1 to provide answers to the questions from vendors. All other terms and conditions remain unchanged.

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Page 34 of 34

Combined Synopsis/Solicitation Notice

*= Required Field

Combined Synopsis/Solicitation Notice

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

(ii) Solicitation 36C24724Q0699 is issued as a request for quotation (RFQ).

(iii) The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2024-04, dated 05-01-2024.

(iv) This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification SBA Veteran Small Business Certification (sba.gov) concern verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA Vet Cert verified SDVOSB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award. The applicable NAICS Code for this solicitation is 562112, Small Business Size Standard $47.0 Million. Applicable wage determination WD # 2015-4505, Revision 27, dated 12/26/2023; WD # 2015-4495, Revision 23, dated 12/26/2023; and 2015-4517, Revision 26, dated 12/26/2023 are incorporated.

(v) PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001

12.00

MO

__________________

__________________

Contractor shall perform Regulated Medical Waste (RMW) disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

Contract Period: Base

POP Begin: 09-16-2024

POP End: 09-15-2025

1001

12.00

MO

__________________

__________________

Contractor shall perform Regulated Medical Waste (RMW) disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

Contract Period: Option 1

POP Begin: 09-16-2025

POP End: 09-15-2026

2001

12.00

MO

__________________

__________________

Contractor shall perform Regulated Medical Waste (RMW) disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines. Contract Period:

Contract Period: Option 2

POP Begin: 09-16-2026

POP End: 09-15-2027

3001

12.00

MO

__________________

__________________

Contractor shall perform Regulated Medical Waste (RMW) disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines. Contract Period:

Contract Period: Option 3

POP Begin: 09-16-2027

POP End: 09-15-2028

4001

12.00

MO

__________________

__________________

Contractor shall perform Regulated Medical Waste (RMW) disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

Contract Period: Option 4

POP Begin: 09-16-2028

POP End: 09-15-2029

GRAND TOTAL

__________________

(vi) Description of Requirement:

STATEMENT OF WORK

REGULATED MEDICAL WASTE AND REUASABLE SHARPS CONTAINER DISPOSALS

A. GENERAL:

1. Regulated Medical Waste (RMW) disposal includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

2. Contractor is responsible for providing a contingency plan identifying how they will ensure continuity of services in the event of inclement weather, driver absence or equipment failure.

3. Contractor will utilize landfills within the industry that transforms waste to clean, renewable energy.

4. Contractor shall not subcontract any work outlined in this Statement of Work to a third party.

WORK HOURS:

1. Normal Work Hours: The service schedule will be developed between the contractor and Contracting Officer Representative prior to services being performed, but will generally be performed during normal business hours, 7:00am-5:30pm, Monday-Saturday.

2. National Holidays: The ten holidays observed by the Federal Government are: New Year s Day, Martin Luther King s Birthday, President s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran s Day, Thanksgiving Day .and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

C. SPECIFICATIONS:

Regulated Medical Waste:

a. For regulated medical waste, the contractor shall furnish all required documentation, pick-up, and disposal of infectious waste (and non-hazardous pharmacy drugs) based on the estimated bi-weekly accumulation of 2000 pounds of infectious waste at the Main Campus (Carl Vinson VA Medical Center, 1826 Veterans Blvd, Dublin, GA 31021) and various volumes estimated at 200 300 pounds per month as outlined in Attachment A for our offsite locations. Pick-ups will normally be scheduled at a minimum of twice per month for the main campus and once per month as outlined in Attachment A for our satellite locations. If quantities increase or decrease, pick-ups shall be adjusted accordingly.

b. For regulated medical waste, all contractor provided containers used at our RMW collection room shall be leak-proof, stackable, sealable, and transportable. All containers will be large enough to place regulated medical waste in red bag without manipulation. Containers will be designed so that government employees will not be required to lift more than 45 lbs. and shall display the universal biohazard symbol. All containers shall be damage free and in good working order at time of delivery.

c. For regulated medical waste, all containers must be identifiable as to the type of hazardous waste contained within, (i.e. yellow markings for chemo, red markings for medical waste) all containers shall be approved by the COR.

3. Collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

4. Upon notification by the COR of an emergent need for service, the contractor will address within 24 hours of notification, unless mutually agreed upon by both the contractor and COR, i.e. on the next scheduled service delivery date.

5. Period of Performance: Base Year: September 16, 2024 September 15, 2025

Option 1: September 16, 2025 September 15, 2026

Option 2: September 16, 2026 September 15, 2027

Option 3: September 16, 2027 September 15, 2028

Option 4: September 16, 2028 September 15, 2029

DOCUMENTATION FROM THE CONTRACTOR:

The contractor shall prepare and submit to the COR an original signed Certificate of Destruction for each pick up at the time of pick up, and will provide an electronic copy upon request.

The contractors will provide any incidences of noncompliance with state, federal, or local environmental, health or safety laws and regulation that have taken place during the past 5 years, including those that were satisfactorily settled, those that resulted in no fines or legal action, and any other noncompliance incidences.

The contractor shall maintain proper records concerning each Certificate of Destruction issued.

The Certificate of Destruction shall at a minimum contain the following:

Pickup/Delivery Location

Pickup/Delivery Date

Amount of waste (number of containers picked up and/or pounds)

Destruction Certification Document/Manifest Number

Destruction Certification Date

Any other information as required by the COR.

4. The contractor will provide a monthly weight report of total sharps weight processed, as well as a total weight report of plastics diverted from the landfill, no later than the 8th of each month.

E. TRAINING REQUIRED BY THE CONTRACTOR: The contractor will provide annual training to government staff as required by the COR, and will include, but is not limited to, proper handling of medical/special waste; interim storage requirements, proper identification and labeling of wastes, sharps containers, etc.

F. QUALITY ASSURANCE/CONTROL:

1. The contractor shall have a quality control program to ensure the requirements of this contract are provided as specified. The program will include, but will not be limited to the following:

a. An inspection system covering the services listed in this statement of work. It must specify areas of work to be inspected on a scheduled basis.

b. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable which would include ensuring products delivered are clean.

c. A record of all inspection conducted by the contractor and corrective action(s) taken. These documents will be made available to the government during the contract. A quarterly report of inspections will be provided on January 15th, April 15th, July 15th, and October 15th in each contract year.

2. The Government will investigate complaints from the Ralph H. Johnson VAMC and affiliated sites. All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

Required Service

Performance Standard

Monitoring Method

Incentive/Disincentive for not meeting performance standards

Adhere to pick-up schedule

Completes scheduled services on time. Any deviation must be approved by the COR in advance

Direct observation

1st Occurrence) Invoices shall be deducted 5% of the total monthly amount for each occurrence above one per location, per contract.

2nd Occurrence) 10% of monthly invoice. 3rd and subsequent offenses will be 20% of monthly invoice amount.

Provides timely reports

Contractor provides all required reports by dates specified and timelines outlined in this statement of work.

Direct Observation, electronic date on email reports, as applicable.

Any report submitted late above one occurrence per quarter will be penalized 5% of the monthly invoice in the month the invoice was due.

Emergent needs addressed within 24 hours, or on the next scheduled service date

Contractor provides required service within 24 hours, or on or before the mutually agreed upon timeline.

Direct observation

Invoice deducted 10% for all occurrences above one per contract year. Additional 10% penalty for every 24-hour period after the first penalty period until service is provided.

G. CONTRACTOR PERSONNEL:

1. While on VA premise, all contractor personnel shall comply with the rules, regulations, and procedures governing conduct of personnel and the operation of the facility.

H. INTERFERENCE TO NORMAL FUNCTION:

1. Contractor may be required to interrupt their work at any time so as not to interfere normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts.

2. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

Contractor personnel shall inform the COR or designee of the need to gain access to secure areas. If access is required to secure access, prearranged scheduling will be made with the COR or designee.

(vii) Addresses of RMW Pick-up locations

Bi weekly Pick-up location:

Carl Vinson VA Medical Center

1826 Veterans Blvd

Dublin, GAÂ 31021

Monthly Pick-up locations:

Macon CBOC

5566 Thomaston Road

Macon, GA 31220-8118

Milledgeville CBOC

2249 Vinson Highway Southeast

Milledgeville, GA 31061-4807

Perry CBOC

2370 South Houston Lake Road

Kathleen, GA 31047-5400

Tifton CBOC

1824 Ridge Avenue North

Tifton, GA 31794-3441

40-50 boxes picked up every two weeks at the Dublin Medical Center, boxes average about 30 lbs. ca. Community Based Outreach Clinics (CBOC's) usually have a monthly pick up, with each CBOC producing 2-5 boxes for disposal, average weight is about 25-30 lbs. Chemo waste boxes account for 0.001 to .03 tons per year. Red bag waste docs do not need to be incinerated IF it is sanitized before disposal, chemo is an incineration only disposal requirement. Waste is disposed of using 45lbs. lined boxes, and large sharps containers are bagged using large red bags marked for biohazard waste.

Periods of Performance: Base Year of (12) twelve months from date of award with potential (4) four(12) twelve-month option periods. FOB Destination.

Base Year: September 16, 2024 September 15, 2025

Option 1: September 16, 2025 September 15, 2026

Option 2: September 16, 2026 September 15, 2027

Option 3: September 16, 2027 September 15, 2028

Option 4: September 16, 2028 September 15, 2029

(viii) FAR 52.212-1, Instructions to Offerors Commercial Items (SEP 2023), applies to this solicitation. The following provisions and clauses are added as addenda:

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

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

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

FAR Number

Title

Date

52.204-7

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-16

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

AUG 2020

52.229-11

TAX ON CERTAIN FOREIGN PROCUREMENTS--- NOTICE AND REPRESENTATION

JUN 2020

852.233-70

PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

OCT 2018

852.239-75

INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE

FEB 2023

Addendum FAR 52.212-1 Instructions to Offers- Commercial

The Department of Veterans Affairs is soliciting quotes from SDVOSB vendors to provide Regulated Medical Waste (RMW) disposal services in accordance with the Statement of Work (SOW). The government anticipates a single (all or none), firm fixed price award.

Submission of Quotes

Quotes shall be received on or before the date and time specified. Quotes must be emailed to LaTerrica.Sewell@va.gov and offerors shall ensure to reference solicitation number 36C24724Q0699 within subject line of the email, the Quote Format is followed and submitted electronically by email to the Contracting Specialist, LaTerrica Sewell @ (LaTerrica.Sewell@va.gov) June 14, 2024 @ 10:00AM EST. There will be no exceptions.

Quote Format

The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. All line items in the Price Schedule must include a price. Pricing must be submitted separately from your quote. Firm, fixed pricing for each line item is required. All fillable documents are required for submission. Submission of VAAR 852.219-75 certification completely filled out is required. Offerors must submit recent and relevant past performance history that is similar to the work in the Combined Synopsis Statement of Work (SOW).

a. Company Full Name, Address and Telephone Number of point of contact.

b. Cage Code, SAM UEI Number, Duns Number and Tax Identification number.

c. Include completed SECTION vi Price/Cost Schedule

d. Written statement limited to two pages or less demonstrating the offeror has the required technical capability, experience, and past performance.

e. VAAR 852.219-75 certification are a submission requirement and shall be

submitted electronically.

f. An Offeror must be SDVOSB Verified (reference VAAR 852.219-73) at

time of quote submission and at time of award.

g. An Offeror is required to be Registered in the System for Award Management (SAM) (52.204-7) when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

h. Offerors must submit 3 references past contract of equal or greater value that were successfully completed that demonstrate previous work experience. Provide description, dollar value, and Point of Contact (s) including phone numbers.

Questions: Questions shall be submitted to the Contracting Specialist in writing via email. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is May 31, 2024, at 10:00AM EST. Questions received after this date and time may not be answered. There will be no exceptions. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

Failure to provide any of this information or providing inadequate or unclear information will result in the quote being rated unsatisfactory and ineligible for award.

To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification SBA Veteran Small Business Certification (sba.gov) verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA Vet Cert verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award.

(End of Provision)

ix. FAR 52.212-2, Evaluation Commercial Items (NOV 2021), applies to this solicitation.

a. BASIS FOR AWARD: This requirement will be competed and awarded under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures. The contracting techniques associated with FAR Part 15 do not apply. The Government will make an award to the responsible Offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The government intends to compare what has been quoted to one another to select the quote that is best suited to fulfill the requirement. The evaluation factors outlined in this request for quote will determine suitability. Technical, Experience and Past Performance when combined are more important than price. The Government will award a contract resulting from this solicitation to the responsive, responsible Vendor in accordance with FAR 9.104-1 and whose quote conforms to the solicitation, and provides the best value to the Government, price and other non-price factors considered. Evaluation Approach. The non-price factor(s) are more important than price. As such, the Government reserves the right to make an award to other than the lowest priced quoter if it is in the government s best interest to do so. Since award may be made to the Vendor with other than the lowest price, price is not necessarily the determining factor. The following factors shall be used to evaluate quotes:

Technical Capability: The technical capability rating reflects the degree to which the proposed approach has demonstrated the ability to perform services as required by the solicitation. The technical evaluation rating will be determined by evaluating the following: Vendors shall submit documentation illustrating a clear description of the management methodology that will be used for executing the effort described in the SOW and listed below to be responsive. This description shall include:

Capabilities statement specifying the ability to provide service directly related to the requested services outlined in the Statement of Work (SOW) not to exceed 10 pages.

Offeror shall provide business licenses with the proposal.

Identifying key personnel and their experience/qualifications

Offeror must provide business insurance with the proposal.

Offeror must be in business for three or more years.

Offeror must provide a Department of Transportation number for transport of general waste.

Offeror must submit a Management Plan addressing the process of how waste will be transported and disposed including contingency plans if normal process is disrupted.

2. Experience: The basis of evaluation under this factor will be focused on the firm s experience in performing recent contracts and/or task orders of similar size, scope and complexity to the work being solicited within the SOW. The quote shall contain information from a minimum of one contract where similar services were successfully provided. Only quotes that demonstrate relevant experience with providing similar services shall be eligible for award. Government and commercial sources will be accepted. The Contractor must regularly offer and engage in providing similar services as described in this solicitation.

3. Past Performance: The past performance evaluation will be accomplished by reviewing aspects of a offerors recent and relevant past performance. The Offeror shall submit past performance information that is both recent (within the past three (3) years) and relevant (similar in size, scope, and complexity to the requirement being procured), if applicable. Recent and relevant past performance shall be discussed for the prime contractor and/or any major team members or teaming partners proposed to support this contract. The Offeror is provided an opportunity to submit a list of no more than three (3) of the Vendor s most recent and relevant past performance information on projects: similar in size, scope, and complexity to the requirement being procured under this solicitation, performed for Government agencies and/or commercial customers within the last three (3) years from the solicitation release date. The past performance submittals shall include (when applicable): Contract Number, Contracting Officers (CO): Name, Phone number and Email address, Contracting Officers Representatives (COR): Name, Phone number and Email address, Non-Government Points of Contact (if applicable), Total Contract Value at time of award and final price after any/all modifications, Initial Period of performance (POP) and final POP after any/all modifications, Narrative describing the requirement and reason for any modifications which effected price or performance period. The Government reserves the right to obtain past performance data from other sources than those identified by the Vendor in evaluating past performance. In the case of a Vendor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Vendor may not be evaluated favorably or unfavorably on past performance. Therefore, the vendor shall be determined to have unknown past performance. In the context of confidence, the vendor will be evaluated as Unknown Confidence and shall be considered neutral.

4. Price: The Offeror is required to quote a fully burdened fixed price for the CLIN structure as shown in Section v. Insert the quoted unit and extended prices in Contract Line-Item Number (CLIN) 0001 through 2001. All unit prices shall be represented in two decimal positions only. Example: $0.27, not $0.27458. The Government shall evaluate price to determine if it is considered fair and reasonable in accordance with FAR Part 13.106-3.

Government intends to make award without discussions. Contractor should ensure their best effort is put forth in their submission. The government expects most favored customer pricing.

(b) Options. The Government will 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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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)

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase FASCSA order in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

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:

VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

(x) FAR 52.212-3 Offeror Representations and Certifications Commercial Items (NOV 2023) applies to this solicitation. Offerors shall submit a completed copy of FAR 52.212-3 with its Offer.

(xi) FAR 52.212-4, Contract Terms and Conditions Commercial Items (NOV 2023) applies to this solicitation. The following provisions and clauses are added as addenda:

FAR 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 (FAR)

http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

FAR Number

Title

Date

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

NOV 2023

52.204-4

PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

JUN 2020

52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

AUG 2020

52.228-5

INSURANCE WORK ON A GOVERNMENT INSTALLATION

JAN 1997

852.201-70

CONTRACTING OFFICER'S REPRESENTATIVE

DEC 2022

852.203-70

COMMERCIAL ADVERTISING

MAY 2018

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) six months. The Contracting Officer may exercise the option by written notice to the Contractor within (30) thirty days of contract expiration.

(End of Clause)

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 (30) thirty days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least (60) sixty 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 (5) five years.

(End of Clause)

 SUPPLEMENTAL INSURANCE REQUIREMENTS

 In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

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

 (b) General Liability: $500,000.00 per occurrences.

 (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

 (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of clause)

VAARÂ 852.219-73Â Â VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSESÂ (JAN 2023)Â (DEVIATION)

 (a) Definition. for the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVOSB :

   (1) Means a small business concern

     (i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

     (ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

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

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

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

   (2) The term Service-disabled Veteran means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

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

   (4) The term small business concern owned and controlled by Veterans with service-connected disabilities has the meaning given the term small business concern owned and controlled by service-disabled veterans under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

   (5) The term SDVOSB participant  or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

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

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

   (2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

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

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

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

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

   (2) Supplies/products.

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

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

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

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

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

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

[Â ]Â By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[Â ]Â By the end of the performance period for each order issued under the contract.

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

 (g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Certification

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

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

(xii) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (FEB 2024), applies to this solicitation.

(xiii) N/A

(xiv) N/A

(xv) Offers are due not later Friday, June 14, 2024, at 10:00 AM EST. Offers must be submitted electronically via email to LaTerrica.Sewell@va.gov . Questions must be submitted via email to LaTerrica.Sewell@va.gov by Friday, May 31, 2024, at 10:00 AM EST.

(xvi) For additional information, please contact the Contracting Officer, LaTerrica Sewell via e-mail to LaTerrica.Sewell@va.gov .