Inactive Total Small Business Set-Aside (FAR 19.5)

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 36C10B24Q0550 and the solicitation is issued as a Small Business (SB) Set Aside request for quotation (RFQ) for Blood Bank Equipment QS Audit Services. (iii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05. (iv) This requirement is a total SB Set-Aside. The associated NAICS code is 541519 Other Computer Related Services and small business size standard is 34 million. (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) 12-month option years. Please see the attached Performance Work Statement (PWS) for full requirement details. Please complete the Price Schedule attached and submit with the quote submission. (vi) The Contractor shall provide all resources necessary to provide services IAW the attached PWS. (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), 52.204-24 Representation Regarding Certain Telecommunications and Video Survelillance Services or Equipment (NOV 21),52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 15), 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 16), 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 07/26/2024 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 with the RFQ 36C10B24Q0550 in the subject line. (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) Questions shall be submitted to the Contracting Officer and Contract Specialist in writing via e-mail to Robert.spangler2@va.gov and Harold.Nice@va.gov. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is 07/22/2024 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 Statement of Work. 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. (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),52.203-19, 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),52.204-14 Service Contract Reporting Requirements,52.204-18 Commercial Government Entity Code Maintenance (AUG 2020), 52.204-23 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, 52.217-9 Option to Extend the Term of the Contract (MAR 2000), 52.225-3 Buy American-Free Trade Agreement-Israel Trade Act, 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, 852.204-71 Information and Information Systems Security (FEB 2023), 852.232-72 Electronic Submissions of Payment Requests, 852.233-70 Protest Content/Alternative Dispute Resolution, 852.233-71 Alternate Protest Procedure, 852.270-1 Representatives of Contracting Officers (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 Prohibition of Requiring Certain Internal Confidentiality Agreements or Statements, 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020), 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021), 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021), 52.204-27 Prohibition on a Bytedance Covered Application (June 2023), 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (2015), 52.219-6 Notice Of Set-Aside For, Small Business (SB) Concerns (Nov 2020), 52.219-28 Post Award Small Business Program Representation (Feb 2023), 52.222-19 Child Labor Cooperation With Authorities And Remedies (Feb 2024), 52.224-3 Privacy Training (Jan 2017), 52.225-13 Restrictions On Certain Foreign Purchases (Feb 2021), 52.227-1 Authorization And Consent (Jun 2020), 52.227-2 Patent And Copyright Infringement (Jun 2020), 52.227-3 Patent Indemnity (Jun 2020), 52.232-33 Payment By Eft - System For Award Management (Oct 2018), 52.232-40 Accelerated Payments To Small Business (MAR 2023), 52.233-3 Protest After Award (Aug 1996), 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2024), 52.239-1 Privacy Or Security Safeguards (Aug 1996), 52.222-41 Service Contract Labor Standards GOVERNING LAW Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this 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 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 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 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 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, 52.227-14, 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 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 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 Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Order or any commercial license agreement shall be construed as a waiver of sovereign immunity. VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (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; and (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 at the current website address provided in the contract. (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). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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) (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 07/26/2024 at 13:00 PM EST. RFQ responses must be submitted via email to: Harold.Nice@va.gov with the RFQ 36C10B24Q0550 in the subject line. Hand deliveries shall not be accepted. (xvi) The POC of this solicitation is Harold Nice (Harold.Nice@va.gov)