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Request for Quote (RFQ) #: 36C25923Q0159
Booster Bi-Directional Amplifier Police Radio Antenna System

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 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. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 1:00 pm MST, February 14, 2023
All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to Charles.morton@va.gov no later than 3:00pm MST, February 16, 2023.
Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

This is a Request for Quote (RFQ) and the solicitation number is 36C25923Q0159. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 effective May 26, 2022.

The North American Industrial Classification System (NAICS) code for this procurement is 334220 with a small business size standard of 1,250 Employees. This solicitation is a 100% set-aside for Veteran Owned Small Business (VOSB).




List of Line Items;

Line Item
Description
Quantity
Unit of Measure
Unit Price
Total Price
0001
BDA Radio Antenna System (Must meet the specifications of the Project Work Statement below)
1
EA
0002
Service Agreement
1
YR


Grand Total
$
Description of Requirements for the items to be acquired:

A site visit is scheduled at 10am CST on 02/13/2023 at the Tulsa Healthcare Center (THCC) at 8921 S. Mingo Rd Tulsa, Ok 74133. Attendance is mandatory for your quote to be considered.

At the site visit you must sign in with Anthony Jones, Captain, Federal Police to track attendance. Logging attendance through sign in is mandatory for your quote to be considered.

Due to this procurement being set aside for VOSBs, the offeror shall complete clause 852.219-76 found on pages 22 24 of this solicitation and return it with their offer. Failure to do so will result in the offeror s quote not being considered for evaluation. Be advised, the NAICS Code for this requirement is subject to a Non-Manufacturer Class Waiver, meaning that an offeror is not required to submit an end item of a small business.

All questions regarding the requirement shall be communicated via email to Contract Specialist Charles Morton.

The freight of the equipment shall be FOB Destination, delivered to; Tulsa Healthcare Center (THCC) at 8921 S. Mingo Rd Tulsa, Ok 74133

The cost of freight shall be built into the cost of the line items, rather than freight being its own line item.
Project Work Statement
Emergency Responder Communication Enhancement System
Eastern Oklahoma VA Health Care System

PURPOSE: The Eastern Oklahoma VA Health Care System requires a Bidirectional Amplifier System (BDA system). The contractor is to provide a BDA system to allowing VA Police and community first responders the ability to use their handheld radios in the Tulsa Healthcare Center.

This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the Performance Work Statement (PWS) and shall be considered employees of the Contractor. Contractor shall furnish all labor, materials, equipment, tools, shipping, transportation, insurances, licenses, certifications and supervision necessary to provide services in accordance with this PWS. The Contractor is responsible for all charges and fees related to disposal. For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

TASKS and REQUIREMENTS:

1. Install a BDA System in the Tulsa Healthcare Center (THCC) at 8921 S. Mingo Rd Tulsa, Ok 74133. THCC is a new build approximately 200,000 square foot facility. Radio signal inside the facility is either non-existent or is weak and may not transmit or receive communications.

2. 510.4.1 Emergency responder communication enhancement system signal strength. The building shall be considered to have acceptable emergency responder communication enhancement system coverage when signal strength measurements in 95 percent of all areas on each floor of the building meet the signal strength requirements in Sections 510.4.1.1 through 510.4.1.3.

3. 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology for either analog or digital signals.

4. 510.4.2.1 Amplification systems allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with a radiating cable system, a distributed antenna system with Federal Communications Commission (FCC)-certified signal boosters, or other system approved by the fire code official in order to achieve the required adequate radio coverage.

System will include all parts and accessories needed to provide coverage throughout the entire Tulsa Health Care Center, approximately 200,000 sq ft.
System will need to include back up power supply and all related accessories to keep system up during power outage.
Requirement will include all parts and labor needed to completely install the system.
System will need to be tested throughout the facility to ensure proper coverage in all areas that the Police Service deems necessary.
Contractor will provide System Documentation to include, but not limited to, troubleshooting guides, technical specs, parts list, manuals, libs, Compact Discs, etc.
Contractor will provide 12-month maintenance contract to include Inspections, Testing, Preventative Maintenance, and Corrective Maintenance/Troubleshooting and Repair, Warranty Repairs, and Emergency Services on installed system IAW (in accordance with) System Documentation.
The Contractor shall provide non-personal services including all management, supervision, personnel, transportation, tools, materials and other items and services necessary to install, support, and maintain the Bi-Directional Amplifier System in THCC VAMC in accordance with this Project Work Statement (PWS).
The Contractor will begin work on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The Contractor must begin actions to correct other service problems the next business day.

The Contractor shall provide routine and emergency repair\maintenance services. Normal maintenance and upkeep to the system shall be identified and scheduled with the customer.Â
Outages for routine maintenance shall be coordinated and announced to the customer at least 48-hours in advance.
Emergency outages shall be repaired within 24-hours
The Contractor shall maintain a local, toll-free call telephone access line for 24 hours a day, seven (7) days a week call availability. The office telephone numbers shall also be supplied to the Contracting Officer and the designated government representatives.
The Contractor shall furnish an accurate, current repair record upon the completion of each repair/maintenance for each service call completed. Â The Government shall maintain and update their log for each service call for the duration of the contract.

HOURS OF WORK: This contract include all necessary service calls, five (5) days per week (Monday-Friday excluding Federal Holidays), between the hours of 8:00 AM and 5:00 PM, central standard time.

SAFETY STANDARDS: Follow all VA safety standards with immunization requirements, masks, hygiene care. All equipment will be subject to inspection by Eastern Oklahoma Veteran Affairs Health Care System Biomedical Equipment Support Specialist personnel to verify compliance with these standards.

AUTHORIZED SERVICES: Only those services specified within the contract are authorized. Before performing any service or repair of a non-contract nature, the Contracting Officer or his/her designee must be advised of the reason for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. Contractor is cautioned that only the Contracting Officer or his/her designee may authorize additional services or repairs and reimbursement will not be made unless this prior authorization is obtained and task order or PO provided.

DISCONT INUANCE OF SERVICE: The Government reserves the right to terminate service if unable to meet criteria.

TEST EQUIPMENT: The Eastern Oklahoma Veteran Affairs Health Care System will not furnish test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

PERFORMANCE CONFERENCE: If appropriate the Contracting Officer will schedule a performance conference for contract orientation purposes with the Contractor receiving award.

HAZARD COMMUNICATONS STATEMENT:

1. As a vendor, supplier, and/or contractor under to the Eastern Oklahoma VA Health Care System for the purpose delineated in the subject contract, Contractor must make themselves aware of the facility's hazard communication program. By the provisions of your contract, Contractor Personnel may be required to work in certain areas where there are hazardous chemicals or radiation/ gamma rays are in use. Examples include, but are not limited to areas in, Dental Service, Radiology Service, surgery, and any area requiring radiology testing.

2. It is the responsibility of each Contractor to familiarize themselves with the specific area(s) in which contractor requires room to work. This shall include the Contractor introducing themselves to the expose zone supervisor. The Contractor will work with zone supervisor, gaining understanding of hazards within work areas at Eastern Oklahoma Veteran Affairs Health Care System, to include types of chemicals used. In addition, the Contractor shall learn the procedures for obtaining MSDS in case of an emergency pertaining to hazardous chemicals in the exposure zone.

3. It is also the responsibility of each Contractor to meet criteria.

These include:

a. The Contractor shall ensure that all chemical containers are properly labeled, and MSDS for each chemical shall be available on the Eastern Oklahoma Veteran Affairs Health Care System premises. MSDS shall be maintained by the senior representative of the Contractor at this facility.

b. Protective equipment for Contractor perisomal shall be the responsibility of the Contractor. Lead vest, goggles, thyroid shielding may be onsite but cannot be guaranteed. Contractor must be proactive and provide their own.

c. All other Department Veteran Affairs and Occupational Safety and Health Administration regulations shall apply as appropriate.

4. In compliance with paragraphs 2 and 3 above, it shall be the responsibility of the Contractor to convey to their subordinate personnel and sub-contractors the appropriate information regarding hazard communication.

CONTRACTOR SUBMITTALS: Within fifteen calendar days after award date, but not later than performance of the first servicing of equipment, the Contractor shall furnish two (2) copies of its preventive maintenance procedures manual which will be used during the preventive maintenance services of this contract and provide an electronic copy to the Contracting Officer. These manuals are required by the Government as a condition of the facility's JCAHO accreditation and must be received before any invoice can be certified for payment.

OBSOLETE MACHINES: Services under a resulting contract will not cover obsolete machines where parts for such obsolete machines are not available under the original manufacturer's commercial price list, unless mutually agreed to by the Contracting Officer and the Contractor.
FEDERAL HOLIDAYS: Federal holidays are any calendar days designated by statute or executive order as federal holidays, and as presented on the OPM website for the respective year in which services are to be performed. Refer to U.S. Office of Personnel Management, at OPM.gov. Federal holidays consist of New Year's Day, Martin Luther King Jr's birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas. Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday. In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute
Any other day designated by Executive Order
Any other day designated by the President of the United States to be a Federal
holiday.

PROTECTION FROM DAMAGE: Contractor shall provide all labor, materials, and equipment necessary for protection of VA personnel, furnishings, equipment and buildings from damage, and will replace or repair any damage due to work performed under this contract equal to its original construction and finish.

CONTRACTOR POINT OF CONTACT (POC): Upon contract award, the Contractor shall specify an individual who shall serve as a single point of contact (POC) for all Contract related business. Contractor must provide the local VA POC and Contracting Office with the POC contact details, to include cell phone and email, as a minimum. The POC must be easily accessible by phone.

AUTHORITY TO MAKE CHANGES: The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

SAFETY AND COMPLIANE
The Contractor must perform services in accordance with:

a) local, state and federal Occupational Safety and Health guidelines and legislation, which includes Occupational Safety and Health Administration (OSHA).
b) local, state and federal guidelines and legislation, as well as VA Medical Center Directives and guidelines, relating to chemicals and usage of chemicals.
c) local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code); and
d) 29 CFR 1910.132, Personal Protective Equipment.

The contractor is also responsible for immediately notifying the local VA Local POC at the first instance a safety issue or risk is identified during the Service.

REMEDY OF WORK

Rework or Remedy is defined as performing the Service again until the Purpose of this PWS is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the local VA POC.

Rework or Remedy must occur within 3 business days of the notice of the rework or remedy requirement from the local VA POC and at no additional cost to the Government.

Inspection and Acceptance of Services: The Government reserves the right to inspect in accordance with this PWS and the Contract. The only individual authorized to officially accept services is the local VA POC. While inspection of services may be delegated by the local VA POC and a shared responsibility with departmental management staff, the local VA POC is ultimately the only authorized individual to approve and accept services on behalf of the VA.

MEDICAL CENTER POLICIES

Each VA Medical Center has policies that are updated from time to time. The local VA POC can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies and constraints regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

CONTRACTOR PAYMENT REQUESTS

Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp
Tungsten e-Invoice Setup Information: 1-877-489-6135
Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com
FSC e-Invoice Contact Information: 1-877-353-9791
FSC e-invoice email: vafsccshd@va.gov

LIABILITIES AND INSURANCES
Protection from Damage
Contractor shall provide all labor, materials, and equipment necessary for protection of VAMC personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish.

Liability Insurance
Contractor must provide the CO with written confirmation that Contractor has adequate insurance protection against negligent work and other forms of liability.
DEFINITIONS
AAMI - Association for the Advancement of Medical Instrumentation
Acceptance Signature - COR's signature; indicates COR accepts work status as stated in Service Report.
ANSI - American National Standards Institute
ASQ - American Society for Quality
ASQ-CQI ASQ Certified Quality Inspector
CDC Centers for Disease Control and Prevention
CO - Contracting Officer
Consumables may be items, such as but not limited to, water additive chemicals, HV lubricants (grease, oil), batteries, air filters, water filters, cleaning chemicals/materials
Contractor Employees has the same meaning as Contractor Personnel
Contractor Personnel - has the same meaning as Contractor Employees
COR Contracting Officer s Representative
Equipment means the
FDA - Food and Drug Administration (U.S. Department Of Health And Human Services)
Field Technician or Field Service Engineer (FSE) - a person who is authorized by the contractor to perform PMR services on VA premises. Also known as Technically Trained Personnel.
IAHCSMM - International Association of Healthcare Central Service Materiel Management
ISO - International Organization for Standardization
Labor refer to Technically Trained Personnel, also Field Technician
NFPA - National Fire Protection Association.
O.E.M. or OEM Original Equipment Manufacturer. The actual manufacturer and point of origin of the equipment. The OEM provides schematics and standards for maintenance and repair of the equipment and equipment shall be maintained in accordance with these practices. The OEM is identified in the Background section of this PWS.
OEM-trained Technicians means contractor technicians (Technically Trained Personnel, FSE, Field Technicians), be they OEM or third party provided, who are formally trained to OEM standards to satisfactorily perform services on equipment in this PWS. Where OEM-trained technicians are required in the PWS it means that services are to be performed at no less than this criteria, for the period of performance at the location, to ensure the PWS Purpose is met in order to avoid future equipment breakdowns or malfunctions which could lead to the VA being accused of malpractice or negligence. This assists the VA in meeting its Mission.
Original Equipment Manufacturer - OEM
OSHA Occupational Safety and Health Administration
PMI - Preventive Maintenance Inspection
Preventive Maintenance Repair (PMR) -- Services that are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.
SDS - Safety Data Sheet
Service Report - a documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.
Services includes Preventive Maintenance and Repair for equipment and components listed in this PWS and in accordance with this PWS
SR Service Report
Technically Trained Personnel are personnel and/or employees who shall be suitably knowledgeable in the field related to the services in this PWS in order to satisfactorily perform services in accordance with the PWS. The contractor shall provide personnel experienced and qualified to perform the required services in accordance with industry practices and standards. Also known as Field Technician or Field Service Engineer (FSE). For example, this could mean German-trained technicians, certified technicians etc. Technically Trained Personnel are also known as Contractor Personnel or Contractor Employees or Technicians.
UL Underwriters Laboratories
US FDA US Food and Drug Administration
VAMC Veterans Affairs Medical Center
VA Mission Statement: To fulfill President Lincoln's promise To care for him who shall have borne the battle, and for his widow, and his orphan by serving and honoring the men and women who are America s Veterans.
VHA - Veterans Health Administration

HEALTH REQUIREMENTS

Employee Physical Health: Contractor's employees are expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract who are not in good physical health or pose a risk to patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract and shall be free of illness before returning to work. All employees will be screened daily upon arriving on the VA Medical Center property, any contract worker complaining of or showing symptoms will be sent away and must quarantine for 14 days (unless they provide a Doctor s note stating they are able to work and are not contagious).

If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies.

The CDC states that employees, including contractors, with symptoms of influenza-like illness at work during a pandemic should leave the workplace. The CDC provides guidance for the workplace which OMB references in their COVID-19 guidance. The CDC recommends that employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be sent home immediately. Additionally, if the employee is asymptomatic but tests positive, the employee should be sent home immediately. The responsible Contracting Officer must be notified immediately.

It is incumbent upon the contractor to familiarize themselves with the state s quarantine rules by visiting the latest information on the web.

https://www.saferfederalworkforce.gov/faq/contractors/








Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Eastern Oklahoma Veterans Health Care System, located at Tulsa Health Care Center in Tulsa, Oklahoma.
52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL

Gray market items are Original Equipment Manufacturer s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

Offerors providing an or equal product(s) must adhere to the terms in FAR 52.211-6. If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet or exceed are specified in the solicitation. To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must
Meet the salient physical, functional, or performance characteristic specified in this solicitation;
Clearly identify the item by-
Brand name, if any and
Make or model number,
Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

The contracting officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the contracting officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation

Any award made as a result of this solicitation will be made on an All or Nothing Basis.

State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

This acquisition is set-aside for VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror s page limitations unless otherwise indicated in the specific volume instructions below.

All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

Submission of quote shall include the following volumes: (I) - Technical capability or quality of the item offered to meet the Government requirement; (II) - Completion of Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) ; (III) Delivery Lead Time; and (IV) Price

Volume I - Technical capability or quality of the item offered to meet the Government requirement
The offeror shall submit specifications, cut sheets, or brochures confirming the equal products, including equal products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number.

Volume II - Completion of Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)
The offeror shall complete the Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) and submit as part of the quote.

Volume III Delivery Lead Time The offeror shall state the required number of calendar days to deliver the item, to include installation, if applicable.

Volume IV Price
Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

(End of Addendum to 52.212-1)

52.212-2, Evaluation--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS:

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government considering price and other factors.

The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement
Factor 2. Completion of Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-
Certificate of Compliance for Supplies and Products (DEVIATION)
Factor 3. Delivery Lead Time
Factor 4. Price

Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Completion of Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) : The Government will evaluate the responses an offeror makes to Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) for completeness. If an offeror fails to complete Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION) their quote will be determined ineligible for award.

Factor 3. Delivery Lead Time - The Government will evaluate delivery lead time and select the quoter/offer whose delivery lead time is most advantageous to the Government. The Government may consider an award to other than the lowest priced quoter/offeror if it s in the best interest of the Government.

Factor 4. Price: The Government will evaluate the price by adding the total of all line item prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

(End of Addendum to 52.212-2)

52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. Offerors must be registered in SAM at time of offer submission.

52.212-4, Contract Terms and Conditions--Commercial Items applies to this acquisition

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JUL 2020) applies to this acquisition

FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

FAR 52.204-10
Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)
FAR 52.204-16
Commercial and Government Entity Code Reporting (AUG 2020)
FAR 52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)
FAR 52.209-6
Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)
FAR 52.219-28
Post Award Small Business Program Representation (NOV 2020)
FAR 52.219-33
Nonmanufacturer Rule (MAR 2020)
FAR 52.222-3
Convict Labor (JUN 2003)
FAR 52.222-19
Child Labor Cooperation with Authorities and Remedies (JUL 2020)
FAR 52.222-21
Prohibition of Segregated Facilities (APR 2015)
FAR 52.222-26
Equal Opportunity (SEP 2016)
FAR 52.222-35
Equal Opportunity for Veterans (JUN 2020)
FAR 52.222-36
Equal Opportunity for Workers with Disabilities (JUN 2020)
FAR 52.222-37
Employment Reports on Veterans (JUN 2020)
FAR 52.222-40
Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
FAR 52.222-50
Combating Trafficking in Persons (OCT 2020)
FAR 52.223-18
Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
FAR 52.225-1
Buy American Supplies (JAN 2021)
FAR 52.225-3
Buy American--Free Trade Agreements--Israeli Trade Act (JUL 2020)
FAR 52.225-13
Restrictions on Certain Foreign Purchases (JUN 2008)
FAR 52.232-33
Payment by Electronic Funds Transfer System for Award Management (Oct 2018)
Additional contract requirements or terms and conditions:

52.217-6 Option to Increased Quantity (Mar 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.


852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020)

VAAR 852.203-70
Commercial Advertising (MAY 2018)
VAAR 852.219-11
VA Notice of Total Veteran-Owned Small Business Set-Aside (DEC 2009) if VOSB set-aside
VAAR 852.232-72
Electronic Submission of Payment Requests (NOV 2018)
VAAR 852.233-70
Protest Content/Alternative Dispute Resolution (SEP 2018)
VAAR 852.233-71
Alternate Protest Procedure (SEP 2018)
VAAR 852.246-71
Rejected Goods (OCT 2018)

852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)
The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

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

The following FAR provisions are to be incorporated by reference:

FAR 52.204-7
System for Award Management (OCT 2018)
FAR 52.204-16
Commercial and Government Entity Code Reporting (AUG 2020)
FAR 52.211-6
Brand Name or Equal (AUG 1999)
FAR 52.229-11
Tax on Certain Foreign Procurements Notice and Representation (JUN 2020)
The following VAAR provisions are to be incorporated by reference:

None

The following FAR clauses are incorporated by reference:

FAR 52.203-17
Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)
FAR 52.204-13
System for Award Management Maintenance (OCT 2018)
FAR 52.204-18
Commercial and Government Entity Code Maintenance (AUG 2020)
FAR 52.232-40
Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

The following VAAR clauses are to be incorporated by reference:

VAAR 852.212-71
Gray Market Items (APR 2020)

The Defense Priorities and Allocations System (DPAS) does not apply.

Offers are due to Charles.Morton@va.gov no later than 3:00pm MST, February 16, 2023.

Name and email of the individual to contact for information regarding the solicitation:
Charles Morton
Charles.morton@va.gov







852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products.

VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(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: [Offeror check the appropriate box]

(i) In the case of a contract for supplies or products (other than from a non-manufacturer 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 as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(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. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in - check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in - check each box below.]

The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA.
(3) 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.

(4) If VA determines that a VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such 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 section 1001 of title 18.

(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 or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. 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. 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)

Attachments/Links