Radiopharmaceuticals Doses - Nuclear Medicine
Table of Contents
SECTION A 1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1
SECTION B - CONTINUATION OF SF 1449 BLOCKS 3
B.1 PRICE/COST SCHEDULE 7
ITEM INFORMATION 7
ITEM INFORMATION 8
ITEM INFORMATION 9
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) 10
B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011) 10
B.4 CONTRACT ADMINISTRATION DATA 11
SECTION C - CONTRACT CLAUSES 13
C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (NOV 2015) 13
C.2 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989) 19
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 19
C.4 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989) 19
C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 19
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) 20
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) 20
C.8 VAAR 852.246-71 INSPECTION (JAN 2008) 21
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 22
SECTION E - SOLICITATION PROVISIONS 23
E.1 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2015) 23
E.2 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014) 27
E.3 52.216-1 TYPE OF CONTRACT (APR 1984) 27
E.4 52.217-5 EVALUATION OF OPTIONS (JUL 1990) 27
E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) 28
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) 28
E.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 29
E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) 29
SECTION B - CONTINUATION OF SF 1449 BLOCKS
Performance Work Statement-Nuclear Medicine Service
The intent for this requirement is to furnish Generic and/or Cardiolite/Sestamibi dose(s) in syringes precalibrated, 18F- Fluorodeoxyglucose (FDG) and standards, 8F-Sodium Fluoride (18F-NaF) as requested to the Department of Veterans Affairs Medical Center, 700 South 19th Street, Birmingham, AL 35233, for 1 January 2016 - 31 December 2016, Base year plus 2 option years in accordance with the terms, conditions, special provisions and schedule herein.
SCOPE OF WORK: The Department of Veteran Affairs, VISN 7 requests a Proposal from Successful offerors for all labor, compounding, supervision and transportation of radiopharmaceutical doses to the Department of Veterans Affairs Medical Center, Nuclear Medicine Service as requested/ordered by Nuclear Medicine physicians/personnel. Usage is estimated. Bidders/offerors should thoroughly review the specifications and be familiar with the area of coverage prior to submitting their bid/offeror in order to be fully aware of the supplies and services required. Failure to do so will not relieve the bidder from performing in accordance with the strict intent and meaning of the specifications without additional cost to the Government. Contractor shall provide copy of NRC licensure with their bid. Quantities are estimated. Reference the SOW for special requirements in accordance with regulating agencies.
Generic and/or Cardiolite/Sestamibi dose(s) in syringes precalibrated: Flat rate unit doses (30-35 millicuries) of Generic Cardiolite and/or Cardiolite//Sestamibi (in syringes) pre-calibrated as of 12:00PM on the day of delivery and delivered during the hours of 7:30am and 4:30pm Monday thru Friday (excluding Federal Holidays).
ESTIMATED UNIT ESTIMATED
Base Year QUANTITY UNIT PRICE TOTAL PRICE
1600 doses
18F- Fluorodeoxyglucose (FDG) and standards: Doses to be delivered in syringes, eight (8) to twenty (20) millicuries, plus a one-millicurie vial for use in calibration.
ESTIMATED UNIT ESTIMATED
Base Year QUANTITY UNIT PRICE TOTAL PRICE
375 doses
18F-Sodium Fluoride (18F-NaF): Radiopharmaceutical Doses of 18F Sodium Fluoride (18F-NaF) calibrated as requested in syringes (ranging from (1) one to (20) twenty millicuries.
ESTIMATED UNIT ESTIMATED
Base Year QUANTITY UNIT PRICE TOTAL PRICE
250 doses
REQUIREMENTS: Contractor shall provide all labor, compounding, supervision and transportation necessary to provide daily deliveries to the Department of Veterans Affairs, Nuclear Medicine Service, 700 South 19th Street, Birmingham, Alabama 35233 as requested/ordered by Nuclear Medicine personnel/physicians for the following radiopharmaceuticals locations as listed below:
Generic and/or Cardiolite/Sestamibi dose(s) in syringes precalibrated: (HOT LAB) Room 2340, unit doses of Generic Cardiolite and/or Sestamibi, thirty (30) to thirty-five (35) millicuries per syringe, precalibrated as requested prior to delivery.
18F- Fluorodeoxyglucose (FDG) and standards: (Pet Suite) Room G-109P, unit doses of 18F- Fluorodeoxyglucose (FDG) and standards, doses to be delivered in syringes, eight (8) to twenty (20) millicuries, plus a one-millicurie vial for use in calibration or calibrated as requested.
18F-Sodium Fluoride (18F-NaF): (PET Suite) Room G-109P, radiopharmaceutical doses of 18F Sodium Fluoride (18F-NaF) calibrated as requested in syringes (ranging from (1) one to (20) twenty millicuries.
Work/Delivery Hours:
Deliveries shall be made between the hours of 7:30am and 4:30pm, Monday through Friday (excluding Federal holidays). The Contractor shall provide daily deliveries as needed and/or requested by Nuclear Medicine personnel/physicians. Usage is estimated.
A. All shipping containers must be free of radioactive contamination both inside and outside, shall meet and be in compliance with all state and federal regulating agencies including but not limited to Department of Transportation (DOT), VA National Health Physics Program and Nuclear Regulatory Commission (NRC) as required by law.
B. All radiopharmaceutical orders must be within +/- (10) ten percent (%) of the doctor's order allowing only for correcting calibration date and time.
C. Contractor must supply with each shipment/order/delivery a system for "SPENT" (Used) syringes and needles that meets OSHA's Biohazard Policy and regulations.
D. No additional charges will be accepted and there is no limit on the number of deliveries made to the VA Medical Center.
E. *PLEASE NOTE: If contract vendor cannot supply dose due to technical/ mechanical problems/failure, contract vendor is required to buy the requested doses from another source and transport to the Department of Veterans Affairs Medical Center, Nuclear Medicine Service, to assure patient care is not compromised. In this event, the Radiation Safety Officer (RSO) must be notified. RSO should be contacted at (205) 933-8101. The contractor must provide the RSO with evidence of regulatory compliance with federal and state regulations, and any other agencies involved with the transport and delivery of radioactive material before it is delivered to the Medical Center.
LICENSE:
A. Copy of the Department of Veterans Affairs Medical Center, Nuclear Medicine Service,
Radioactive Material permit will be furnished to the contractor upon award of the contract.
B. The vendor will be responsible for compliance with all federal and state regulatory agencies including but not limited to DOT, OSHA, EPA, USP 797, USP 823, NRC, etc. as applicable to policy regulations regarding radioactive materials.
EMERGENCY DELIVERY: In case of an emergency, the Contractor will be required to make emergency deliveries within one (1) hour, excluding weekends and federal holidays as requested by the Department of Veterans Affairs Medical Center, Nuclear Medicine Service.
CANCELLATION POLICY: BVAMC, Nuclear Medicine Department shall have the option to add, reduce and/or cancel an order(s) by giving the contractor at least one (1) hour notice.
CREDIT POLICY: Credit Policy for 18F- Fluorodeoxyglucose (FDG) and 18F Sodium Fluoride (18F-NaF): Customer may receive credit for up to five (5) unit doses of Fluorodeoxyglucose and five (5) unit doses of Sodium Fluoride purchased monthly for full credit, provided the doses are not used due to patient cancellation, deceased, etc. Corresponding documentation must be provided to the pharmacy within 24 hours of cancellation. Customer must submit faxed or emailed credit return sheet by the end of the month. A credit will not be issued if it is not submitted within 3 business days of the following month. Unused doses will not be returned to the pharmacy.
TERM OF CONTRACT: This contract is effective one year from date of award plus three (3) one-year options that may be exercised by the VA. The contract is subject to the availability of funds. The Contractor shall perform no services after 30 September of each year until the Contracting Officer authorizes such services in writing.
INVOICES: Sums due the Contractor will be paid monthly upon receipt of properly executed invoice submitted by the Contractor. Invoices for payment shall be submitted electronically IAW follow instruction clause VAAR 852.232-72.
The mailing address for the COTR is as follows:
VA Medical Center
ATTN:
Nuclear Medicine Service (115)
700 South 19th Street
Birmingham, AL 35233
The primary point of contact shall be given once contract is awarded.
CONTRACTOR POINT OF CONTACT:
Contractor shall provide the following point (s) of contact when immediate inquiry regarding the status in reference to contract if required:
Name: ___________________ Telephone number: ext. _______.
B.1 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1 To provide radiopharmaceutical doses of 18-F Sodium Flouride (18F-Naf) calibrated as requested in syringes, ranging from 1-20 Millicuries on date of delivery. Please review SOW for additional requirements.
Contract Period: Base
POP Begin: 01-01-2016
POP End: 12-31-2016
250.00 DO _____________ ________________
2 To provide radiopharmaceutical Flouorodeoxyflucose (FDG) and standards, doses to be deliverd in shielded syringes, 15-20 millicuries or as ordred by Nuclear Medicine physicians. Delivery will be daily (excluding Federal holidays and weekends) Monday through Friday 7:30am-4:30pm to Pet Suite G-109P. Usage is estimated.
Contract Period: Base
POP Begin: 01-01-2016
POP End: 12-31-2016
375.00 DO _____________ _______________
3 To provide Cardiolite radiopharmaceutical (labor, compounding, supervision, and transportation of flat rate unit doses (30-35 mCi) generic cardiolite, in syringes pre-calibrated as ordered by Nuclear Medicine physicians for date of delivery.
Usage is estimated.
Contract Period: Base
POP Begin: 01-01-2016
POP End: 12-31-2016
1,600.00 DO _____________ _______________
GRAND TOTAL __________________
ITEM INFORMATION
ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1 To provide radiopharmaceutical doses of 18-F Sodium Flouride (18F-Naf) calibrated as requested in syringes, ranging from 1-20 Millicuries on date of delivery. Please review SOW for additional requirements.
Contract Period: Option 1
POP Begin: 01-01-2017
POP End: 12-31-2017
250.00 DO _____________ ________________
2 To provide radiopharmaceutical Flouorodeoxyflucose (FDG) and standards, doses to be deliverd in shielded syringes, 15-20 millicuries or as ordred by Nuclear Medicine physicians. Delivery will be daily (excluding Federal holidays and weekends) Monday through Friday 7:30am-4:30pm to Pet Suite G-109P. Usage is estimated.
Contract Period: Option 1
POP Begin: 01-01-2017
POP End: 12-31-2017
375.00 DO _____________ _______________
3 To provide Cardiolite radiopharmaceutical (labor, compounding, supervision, and transportation of flat rate unit doses (30-35 mCi) generic cardiolite, in syringes pre-calibrated as ordered by Nuclear Medicine physicians for date of delivery.
Usage is estimated.
Contract Period: Option 1
POP Begin: 01-01-2017
POP End: 12-31-2017
1,600.00 DO _____________ _______________
GRAND TOTAL __________________
ITEM INFORMATION
ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1 To provide radiopharmaceutical doses of 18-F Sodium Flouride (18F-Naf) calibrated as requested in syringes, ranging from 1-20 Millicuries on date of delivery. Please review SOW for additional requirements.
Contract Period: Option 2
POP Begin: 01-01-2018
POP End: 12-31-2018
250.00 DO _____________ ________________
2 To provide radiopharmaceutical Flouorodeoxyflucose (FDG) and standards, doses to be deliverd in shielded syringes, 15-20 millicuries or as ordred by Nuclear Medicine physicians. Delivery will be daily (excluding Federal holidays and weekends) Monday through Friday 7:30am-4:30pm to Pet Suite G-109P. Usage is estimated.
Contract Period: Option 2
POP Begin: 01-01-2018
POP End: 12-31-2018
375.00 DO _____________ _______________
3 To provide Cardiolite radiopharmaceutical (labor, compounding, supervision, and transportation of flat rate unit doses (30-35 mCi) generic cardiolite, in syringes pre-calibrated as ordered by Nuclear Medicine physicians for date of delivery.
Usage is estimated.
Contract Period: Option 2
POP Begin: 01-01-2018
POP End: 12-31-2018
1,600.00 DO _____________ _______________
GRAND TOTAL __________________
B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)
This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
(End of Clause)
B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)
This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor compliance with the subcontracting commitments.
B.4 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 00521 Katina Dickerson
Department of Veterans Affairs
Birmingham VA Medical Center
700 South 19th Street
Birmingham AL 35233
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-34, Payment by Electronic Funds Transfer-Other Than System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Net 30
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center
PO Box 149971
Austin TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
SECTION C - CONTRACT CLAUSES
C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (NOV 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
[] (10) [Reserved]
[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[] (ii) Alternate I (NOV 2011) of 52.219-3.
[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (JAN 2011) of 52.219-4.
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[] (ii) Alternate I (Oct 1995) of 52.219-7.
[] (iii) Alternate II (Mar 2004) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (Oct 2001) of 52.219-9.
[] (iii) Alternate II (Oct 2001) of 52.219-9.
[] (iv) Alternate III (OCT 2015) of 52.219-9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).
[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[X] (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212).
[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (36)(i) 52.223-13, Acquisition of EPEATB.-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (37)(i) 52.223-14, Acquisition of EPEATB.-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (39)(i) 52.223-16, Acquisition of EPEATB.-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
[] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).
[] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[X] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
[X] (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 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).
[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
(xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
C.2 52.217-6 OPTION FOR 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 1 day. 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.
(End of Clause)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
(End of Clause)
C.4 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of Clause)
C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
(End of Clause)
C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)
The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.
(End of Clause)
C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).
(3) Electronic form means an automated system transmitting information electronically according to the
Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.
(4) Invoice payment has the meaning given in FAR 32.001.
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.8 VAAR 852.246-71 INSPECTION (JAN 2008)
Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.
(End of Clause)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section
Suite 8100 470 East L'Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/);
(ii) Quick Search (http://quicksearch.dla.mil/);
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
E.2 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Price
2. Technical Acceptance (NRC Licensure, Capability Statement)
3. Past Performance
Award will be based on Lowest Price Technically Acceptable (LPTA).
Technical and past performance, when combined, are equal to price .
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
(End of Provision)
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
E.4 52.217-5 EVALUATION OF OPTIONS (JUL 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. Evaluation of options will not obligate the Government to exercise the option(s).
(End of Provision)
E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009)
(a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors.
(b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (http://www.VetBiz.gov).
(c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database (http://www.vetbiz.gov).
(End of Provision)
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)
(a) Any protest filed by an interested party shall:
(1) Include the name, address, fax number, and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester's representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.
(End of Provision)
PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:
Deputy Assistant Secretary for Acquisition and Logistics,
Risk Management Team, Department of Veterans Affairs
810 Vermont Avenue, N.W.
Washington, DC 20420
Or for solicitations issued by the Office of Construction and Facilities Management:
Director, Office of Construction and Facilities Management
811 Vermont Avenue, N.W.
Washington, DC 20420
E.7 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)
The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.
(End of Provision)
Katina Dickerson
205-933-8101
katina.dickerson-hale@va.gov
