Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

Combined Synopsis Solicitation Office of Information & Technology QS External FDA Compliance Audit of VistA - Blood Establishment Computer Software (VBECS) (i) This is a combined synopsis/solicitation... Combined Synopsis Solicitation Office of Information & Technology QS External FDA Compliance Audit of VistA - Blood Establishment Computer Software (VBECS) (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a pre-solicitation notice will not be issued. (ii) The solicitation number is 36C10B24Q0324 and the solicitation is issued as a SDVOSB Set Aside request for quotation (RFQ). (iii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05. (iv) The associated NAICS code is 541519 Other Computer Related Services and small business size standard is 150 Employees. (v) The Government intends to award a firm-fixed price contract for a compliance audit of the VBECS product Quality System. The contract will be written for a base year with Two (2) option years. Please see the attached Performance Work Statement for full requirement details. Please complete the Price Schedule below and submit with the quote submission. (vi) The Contractor shall provide all resources necessary to provide services IAW the attached Scope of Work. (vii) The Place of Performance is: VA Facilities located at the Government location, Hines Office of Information Field Office (OIFO), Hines, IL 60141 or approved remote locations. (viii) Provision at 52.212-1, Instructions to Offerors Commercial, applies to this acquisition in addition to the following addenda to the provision: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998), 52.204-7 System for Award Management (OCT 2018), 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020), 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) (ix) Provision at 52.212-2, Evaluation -- Commercial Items, applies to this requirement. Submission of Quotes: (1) Quotes shall be received on or before 06/14/2024 at 13:00 PM EST. RFQ responses must be submitted via email to: Harold.Nice@va.gov. Hand deliveries shall not be accepted. Offers received after the due date and time shall not be considered. (2) Offerors shall submit their quotes electronically via email to Harold.Nice@va.gov. (3) Offeror shall complete the attached Price Schedule, with offerors proposed contract line-item prices inserted in appropriate spaces. (4) Offeror shall ensure that their representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, you will need to fill out solicitation Clause 52.212-3 "Offeror Representation and Certifications -Commercial Items and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation. (5) Offeror shall Provide references of work, similar in scope and size with the requirement detailed in the Performance Work Statement. References must include contact information; brief description of the work completed, and contract # (if relevant). Please utilize the Attached Past Performance Worksheet for your references and please submit as part of your quote submission. References may be checked by the Contracting Officer to ensure your company is capable of performing the Performance Work Statement. (6) Offeror shall demonstrate that their technical experts meet the qualification standards stated in the Performance Work Statement. (7) Offerors shall complete the certification within VAAR 852.219-76 (VA Notice of Limitations on Subcontracting Certificate of Compliance for Services) (8) Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer. (9) Questions shall be submitted to the Contracting Officer in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is 06/7/2024 at 13:00 PM EST. Questions received after this date and time will not be answered. Answers to questions will be posted in a formal amendment to the solicitation so all interested parties can see the answers. Evaluation Process: The Government will award a firm-fixed price 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: Award will be made to the lowest priced, responsive, responsible offeror whose quote conforms to the requirements of the solicitation and Performance Work Statement. The Government will evaluate offers for award purposes by adding the total price for all items, including options in the Price Schedule. The total evaluated price will be that sum. All Offerors will be advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government may first evaluate the total quoted price of all Offerors. Thereafter, the Government will evaluate the quote of the lowest priced Offeror to ensure it conforms to the requirements set forth in the solicitation. If the lowest priced Offeror s quote is determined to conform to the requirements, the Government may make award to that Offeror without further evaluation of the remaining Offerors quotes. If the lowest priced Offeror s quote does not conform to the requirements, then the Government may evaluate the next lowest priced quote, and so forth and so on, until the Government reaches the lowest priced offer that is determined to conform to the requirements. However, the Government reserves the right to evaluate all Offerors quotes should VA determine it to be in the Government s best interest. Please be advised that any Offeror-imposed terms and conditions which deviate from the Government s material terms and conditions established by this RFQ, may render the Offeror s quote Unacceptable and thus, ineligible for award. 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). 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. (2). GOVERNING LAW Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-1, 52.227-02, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity. (x) Please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with your offer via the SAM.gov website or a written copy. (xi) Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition in addition to the following addenda s to the clause: 52.252-2 Clauses Incorporated by Reference (FEB 1998), 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020), 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011), 52.204-13 System for Award Management Maintenance (OCT 2018), 52.204-18 Commercial Government Entity Code Maintenance (AUG 2020), 52.217-9 Option to Extend the Term of the Contract (MAR 2000), 52.228-5 Insurance-Work on a Government Installation (JAN 1997), 52.232-40 Providing Accelerated Payments to Small Business Subcontracting (DEC 2013), 852.212-70 Provisions and Clauses Applicable to VA Acquisitions of Commercial Items (APR 2020) 852.203-70 Commercial Advertising 852.232-72 Electronic Submissions of Payment Requests 852.219-73, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside 852.233-70 Protest Content/Alternative Dispute Resolution 852.233-71 Alternate Protest Procedure 852.270-1 Representatives of Contracting Officers 852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018) 852.219-76 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services. VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) (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: (i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIPlisted 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 fillin 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. [ ] 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. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] b If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.] (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 an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following: (i) Referral to the VA Suspension and Debarment Committee. (ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating 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) 852.242-71 Administrative Contracting Officer. As prescribed in 842.271, insert the following clause: ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation shall be furnished to the Contractor. (End of clause) (xii) Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and in addition to the following FAR clauses cited, which are also applicable to the acquisition: 52.203-19, 52.204-10, 52.204-21, 52.204-25, 52.204-27, 52.209-10, 52.212-4, 52.219-27, 52.219-28, 52.222-19, 52.223-18, 52.224-3, 52.225-3, 52.225-13, 52.227-1, 52.227-3, 52.227-16, 52.227-14, 52.227-19, 52.232-33, 52.232-40, 52.233-3, 52.233-4, 52.239-1, 52.222-41 (Wage Determination Hines Illinios Cook County WD 2015-5017 (Rev-26) Date Of Last Revision: 04/26/2024 (xiii) All contract requirement(s) and/or terms and conditions are stated above. (xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this requirement. (xv) RFQ responses are due 06/14/2024 at 13:00 PM EST. RFQ responses must be submitted via email to: Harold.Nice@va.gov Hand deliveries shall not be accepted. (xvi) The POC of this solicitation is Harold Nice (Harold.Nice@va.gov) List of Attachments See attached: PWS QS Audit. See attached: Past Performance Worksheet See attached: Wage Rates See attached: Price Schedule