36C25720Q1346 – Combined Synopsis/Solicitation – 6640–NEW – Dose Calibrator

Sep 17, 2020 | SDVOSB Set-Asides

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in 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 will not be issued.  Solicitation number 36C25720Q1346 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. SET-ASIDE:  This requirement is a Service Disable Veteran Owned Small Business and Veteran Owned Small Business Set-Aside, the NAICS is 339113 and the small business size standard is 750 employees. In order to be eligible an offeror must be small for the applicable NAICS code at the time of the quote submission and at the time of award. Only qualified offerors may submit bids.

Introduction:  A Firm Fixed Price award will be made to the lowest priced quote which conforms to the requirements within this solicitation and represents the best price to the Government.
Description of Services:  The Contractor shall provide all personnel, supervision, transportation, equipment as outlined in the Statement of Work. See the Statement of Work for full details.
Place of Performance: Dallas VA Medical Center (549), 4500 South Lancaster Road, Dallas, Tx 75216
Type of Contract: A Firm Fixed Price Base
Period of Performance:
Base:                           TBD

Instructions to Offerors Evaluation FACTORS For Award

Evaluation Factors for Award

I.          Basis of Award
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation meets or exceeds the requirement at the lowest price, Lowest Price Technically Acceptable (LPTA).
The quotes will be evaluated on the basis of the evaluation factors listed below.  The technical area will be evaluated on an “acceptable” or “unacceptable” basis.  Only those contractors determined to be technically acceptable will be evaluated on price. 

DEFINITION
RATING
Passes (or meets) minimum standard requirements
Acceptable
Fails to meet minimum standard requirements
Unacceptable

ITEMS TO BE QUOTED
ITEM NO. OR STOCK NO.
DESCRIPTION
QUANTITY
UNIT OF ISSUE
UNIT COST
TOTAL COST
001
ATOMLAB500+ W/WIPE TEST CHAMBER
5
EA

002
ATOMLAB 500 DOSE CALIBRATOR 2 YR
MANUFACTURER WARRANTY
5
EA

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
DOSE CALIBRATOR
CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COTR):
VANTHCS will appoint one (1) COR for this contract. The COR will come from the Nuclear Medicine Service. When a service call has been placed, the contractor will always contact the Nuclear Medicine Service at 214-857-0130 and the Biomedical Engineering Service at 214-857-1020.

PROJECT SCOPE AND REQUIREMNTS:
Contractor will provide instructional training upon delivery. Minimum two-year s manufacturer s warranty is required. This is to include parts, and other industry standard features.
Must meet or exceed all industry safety standards. Prior to acceptance of equipment, the equipment must pass all acceptance testing, which at a minimum includes Constancy, Geometry, Accuracy, and Linearity.

Minimum Equipment Requirements:

Windows 10 Operating System
Microsoft SQL Database
Communicates with most commercially available NM management systems via ethernet or serial port
Pre-programmed for most commonly used radionuclides (diagnostic and therapeutic)
Touch selection capability
Isotope libraries listed alphabetically
Display isotope in Curies or Becquerels
Background correction feature
Report and label printer setup
Automated Quality Assurance Applications to include:
Constancy
Linearity and Auto Linearity
Accuracy
Geometry
Energy Range capability from 25 keV to 3 MeV
Ionization chamber
Vial/Syringe dipper and well insert

PERSONNEL CLEARANCES AND PRIVACY CONSIDERATIONS: The Vendor will ensure that their personnel and subcontractor personnel meet the privacy standards as set forth by HIPPA (Health Insurance Portability and Accountability Act of 1996) with respect personal and confidential information that they may come upon, while servicing medical equipment

DOCUMENTATION: Contractor will provide the COR, and/or the Nuclear Medicine Service s designee with individual written reports which describe the maintenance and repair service performed on the equipment in sufficient detail so as to be acceptable by field inspectors of the Joint Commission of Accreditation of Healthcare Organizations. This shall include a list of all parts replaced, all service performed as well as a statement that the equipment is operating per manufacturer s specifications after repair. The service report will be signed by the contractor s service technician, and by designated VANTHCS personnel. A copy will be given to the VANTHCS for their internal records.

END OF CONTRACT: Contractor guarantees that all equipment covered in this contract shall meet or exceed manufacturer s performance specifications at the contract expiration date. At the end of the contract term and within the two weeks following the award to the new Contractor, there will be a final inspection of all equipment at which the Contractor, the new Contractor and the Contracting Officer s representative will be present. Any deficiencies noted will be the responsibility of the previous Contractor and shall be corrected by the terms of this contract.

SECURITY STATEMENT REQUIREMENTS:

No memory device will be removed from the VA Facility without the approval of the Facility Information Security Officer (ISO).  

Bio-Medical devices and other equipment or systems (workstations, copies, FAX, prints) containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor during off site repairs, warranty period, at the end of lease, for trade-in, or other purposes. Vendor must accept the system without the drive;

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor’s rights to use data as described in Rights in Data General, FAR 52.227-14(d) (1).

No VA information shall be transferred outside of the VA.

The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. In such an event, the contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $29.95 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Notification;
One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
Data breach analysis;
Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

Training
All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
Successfully complete any additional cyber security or privacy training, as require VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
If a vendor that anticipates that the services under the contract will be performed by 10 or more individual, the Contractor Rules of Behavior may be signed by the vendor s designated representative.  By signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individual review and understand the Contractor Rule of Behavior when accessing the VA s information and information systems. 

Records Management (NARA)
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VA North Texas Health Care System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA North Texas Health Care System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.
In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA North Texas Health Care System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA North Texas Health Care System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA North Texas Health Care System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA North Texas Health Care System policy.

8. The Contractor shall not create or maintain any records containing any non-public VA North Texas Health Care System information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VA North Texas Health Care System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA North Texas Health Care System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

SCHEDULED MAINTENANCE & REPAIR PROCEDURES: Installation will be coordinated through the COR and will be provided on-site, 7:00 a.m. to 5:00 p.m., CST (Central Standard Time) Monday thru Friday, (excluding holidays).Contractor must provide Nuclear Medicine Service with a written description of the work to be performed. The description must be provided in sufficient detail so as to be acceptable to the field inspectors of the Joint Commission on Accreditation of Healthcare Organizations. This shall be provided within 30 days service performed
All equipment covered under equipment warranty will receive preventive maintenance and repairs when contacted in accordance with manufacturer s specifications.
All scheduled preventive maintenance, and repairs performed, shall be accompanied by a technician s work-order, describing in detail, all work that has been done, including parts used, and P/N s, (part numbers).
Contractor will not be issued an account on the VA Network.
The C&A requirements do not apply, and that a Security Accreditation Package is not required.
When service is needed during warranty period, repairs, and preventative maintenance will be provided onsite, 7:00 a.m. to 5:00 p.m., CST (Central Standard Time) Monday thru Friday, (excluding holidays). The Contractor must provide the COTR and/or designee with a statement describing an acceptable arrangement for notifying the VANTHCS when equipment should be made available for servicing. This shall be provided within 30 days of requested service.

PERSONNEL CLEARANCES AND PRIVACY CONSIDERATIONS: The Vendor will ensure that their personnel and subcontractor personnel meet the privacy standards as set forth by HIPPA (Health Insurance Portability and Accountability Act of 1996) with respect personal and confidential information that they may come upon, while servicing medical equipment

DOCUMENTATION: Contractor will provide the COR, and/or the Nuclear Medicine Service s designee with individual written reports which describe the installation, maintenance and repair service performed on the equipment in sufficient detail so as to be acceptable by field inspectors of the Joint Commission of Accreditation of Healthcare Organizations. This shall include a list of all parts installed, replaced, and all service performed as well as a statement that the equipment is operating per manufacturer s specifications after installation and repair. The service report will be signed by the contractor s service technician, and by designated VANTHCS personnel. A copy will be given to the VANTHCS for their internal records.

Prior to award, bidder must have a facility to include personnel, test equipment, parts inventory, licenses and technical documentation available for inspection by VA Medical Center personnel and be able to show written evidence to technical qualifications of personnel, test equipment (and calibration documentation) licenses and availability of parts. Parts availability must be written documentation from either the equipment manufacturer or authorized parts supplier. In either case, bidder must be able to show the availability of parts to him/her within 24 hours after initial call. For contracts for maintenance and repair services form other than the original manufacturer or a designated representative, the Contractor will be fully responsible for obtaining all technical documentation necessary to fulfill contractual obligations.

The Contractor warrants that the services to be performed under this contract will be performed in a good workmanship manner and shall conform to the standards of the industry. This warranty is given expressly and in place of all other warranties, expressed or implied, statutory or otherwise, and is the only warranty given by the Contractor.

Warranty items that expire during the contract period will be added to the contract as appropriate.

NEGLIGANCE CLAUSE: When services and parts are required as a result of accident, abuse, misuse or negligence by other than the Contractor or his representative, and are not included as a part of PM inspection or service calls, such needs will be reported to the Contracting Officer s representative along with estimates of charges. The Contracting Officer and Representative will evaluate these needs and authorize appropriate action. The parts will be installed under the terms of the contact and each invoice is to include a legible itemized list of labor charges and parts costs. The government will incur no charges for service and parts including glassware due to accident, abuse, misuse or negligence by the contractor or his representative.

FAILURE TO RESTORE THE FULL PERFOMANCE: For failure to restore equipment to full performance within a reasonable amount of time, from the original service call, a deduction of one month s rate will taken. This penalty will be waived under unusual or extraordinary circumstances at the decision of the VA.

END OF CONTRACT: Contractor guarantees that all equipment covered in this contract shall meet or exceed manufacturer s performance specifications at the contract expiration date. At the end of the contract term and within the two weeks following the award to the new Contractor, there will be a final inspection of all equipment at which the Contractor, the new Contractor and the Contracting Officer s representative will be present. Any deficiencies noted will be the responsibility of the previous Contractor and shall be corrected by the terms of this contract.

Security Statement Requirements:

No memory device will be removed from the VA Facility without the approval of the Facility Information Security Officer (ISO).  

Bio-Medical devices and other equipment or systems (workstations, copies, FAX, prints) containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor during off site repairs, warranty period, at the end of lease, for trade-in, or other purposes. Vendor must accept the system without the drive;

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor’s rights to use data as described in Rights in Data General, FAR 52.227-14(d) (1).

No VA information shall be transferred outside of the VA.

The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. In such an event, the contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $29.95 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Notification;
One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
Data breach analysis;
Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

Training
All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
Successfully complete any additional cyber security or privacy training, as require VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
If a vendor that anticipates that the services under the contract will be performed by 10 or more individual, the Contractor Rules of Behavior may be signed by the vendor s designated representative.  By signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individual review and understand the Contractor Rule of Behavior when accessing the VA s information and information systems. 

Records Management

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21 , 29, 31
and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR
Part 1222 and Part 1228.
2. Contractor shall treat all deliverables under the contract as the property of the U.S.
Government for which the Government Agency shall have unlimited rights to use, dispose
of, or disclose such data contained therein as it determines to be in the public interest.
3. Contractor shall not create or maintain any records that are not specifically tied to or
authorized by the contract using Government IT equipment and/or Government records.
4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains
information covered by the Privacy Act of 1974 or that which is generally protected by the
Freedom of Information Act.
5. Contractor shall not create or maintain any records containing any Government Agency
records that are not specifically tied to or authorized by the contract or identified in the RCS 10-1.
6. The Government Agency owns the rights to all data/records produced as part of this
contract.
7. The Government Agency owns the rights to all electronic information (electronic data,
electronic information systems, electronic databases, etc.) and all supporting
documentation created as part of this contract. Contractor must deliver sufficient technical
documentation with all data deliverables to permit the agency to use the data.
8. Contractor agrees to comply with Federal and Agency records management policies,
including those policies associated with the safeguarding of records covered by the Privacy
Act of 1974. These policies include the preservation of all records created or received
regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or
state of completion [draft, final, etc.].
9. No disposition of documents will be allowed without the prior written consent of the
Contracting Officer. The Agency and its contractors are responsible for preventing the
alienation or unauthorized destruction of records, including all forms of mutilation. Willful
and unlawful destruction, damage or alienation of Federal records is subject to the fines
and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal
custody of the Agency or destroyed without regard to the provisions of the agency records
schedules.
10. Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure
of information, documentary material and/or records generated under or relating to this
contract. The Contractor (and any sub-contractor) is required to abide by Government and
Agency guidance for protecting sensitive and proprietary information.

ITEMThe following clauses and provisions apply to this solicitation:

52.209-5, Certification Regarding Responsibility Matters

52.212-3, Offeror Representations and Certifications-Commercial Items

52.212-4, Contract Terms and Conditions-Commercial Items

52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items
52.217-8, Option to Extend Services

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 60 days.

Evaluations of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation.  Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price.  Evaluation of options will not obligate the Government to exercise the option(s).

52.217-9, Option to Extend the Term of the Contract

a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days. 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.

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 60 days.
52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Right
52.203-99 Prohibition of Contracting with Entities That Require Certain Internal Confidentiality Agreements
52.219-14, Limitations on Subcontracting
52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)
52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).
52.222-3, Convict Labor
52.222-41, Service Contract Labor Standards (MAY 2014) (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)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)
52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management
52.237-3 Continuity of Services (JAN 1991)

52.232-39, Unenforceability of Unauthorized Obligations (In the FAR https://www.acquisition.gov/far/html/52_232.html#wp1160005)
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.233-3, Protest after Award (In the FAR https://www.acquisition.gov/far/html/52_233_240.html)
852.203-70, Commercial Advertising (JAN 2008)
852.232-72, Electronic Submission of Payment Requests

852.237-70, Contractor Responsibilities

52.252-1, Solicitation Provisions Incorporated by Reference:

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).

52.252-2, Clauses Incorporated by Reference:

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). Full text can be obtained at http://www.acquisition.gov/far/index.html
852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018)

LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE
(a) This solicitation includes far 52.219-6, Notice of Total Small Business Set-Aside.

(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.

852.219-76 SUBCONTRACTING PLANS MONITORING AND COMPLIANCE. AS PRESCRIBED IN 819.7203(C) INSERT THE FOLLOWING CLAUSE: SUBCONTRACTING PLANS MONITORING AND COMPLIANCE (JUL 2018)

(a) This contract includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement.

(b) Accordingly, any contract resulting from this solicitation will include these clauses, unless the contract is awarded to a small business concern. The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor’s compliance with the plan, including reviewing the Contractor’s accomplishments in achieving the subcontracting goals in the plan. 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 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 compliance with the subcontracting plan.

SUBMISSION OF QUOTE (FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS):

The Offeror shall submit their quote on company letterhead and shall include unit price, overall total price, name, address, and telephone number of the offeror, firm’s DUNS# and ORCA document in SAM at www.sam.gov.  Complete copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document.

The offeror shall provide sufficient evidence that they possess adequate resources, capability, experience, responsibility and integrity to meet the technical capabilities to comply with the requirements of the resulting contract. All quotes received without this documentation will not be considered.
Quotes must be received no later than Monday, September 25, 2019, 1200 am CST. Email your quote to james.houston@va.gov. The subject line must specify 36C25720Q1346. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered.
These services are subject to the Service Contract Act and Wage and Determination (WD 15-5227 Rev.-7) which was first posted on www.wdol.gov on 01/01/2019 and can be assessed at https://www.wdol.gov/wdol/scafiles/std/15-5227.txt?v=6.

A.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (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 802.101, 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 verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); and
(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.
(2) 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).
(b) General.
(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.
(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.
(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.
(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:
(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(2) Supplies or products.
(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.
(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.
(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.
(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. 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.
(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.
(End of Clause)
End of Document

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