Inactive Veteran-Owned Small Business Set-Aside (specific to Department of Veterans Affairs)

COMBINED SYNOPSIS SOLICITATION 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 in t... COMBINED SYNOPSIS SOLICITATION 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 in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation will not be issued. ii. VBA RFQ # 36C10E20Q0185 iii. The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-05 dated 03/30/2020. iv. This solicitation is set-aside exclusively for Service-Disabled Veteran Owned Small Business/Veteran Owned Small Business (SDVOSB/VOSB). To be considered for award prospective offerors must be a verified SDVOB concern in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages at the date and time set for receipt of offers. An Offeror who is not a verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award. The applicable NAICS code is 339113. The Small Business size standard is 750 Employees. v. Contractor shall provide 280 Disaster “ready to Go Kits”. ITEM NO DECSRIPTION QTY UNIT UNIT PRICE TOTAL AMOUNT 00001. Contractor shall provide all supplies, 280 Each $_________ $________________ packing of backpacks, shipping and delivery of 280 Each Grainger , The Basic Backpack Emergency Kit , color red ( 1 Person). Or equal. If ALL 280 Backpacks cannot be provided in red color Acceptable or equal colors are : Yellow, orange, green or black. If 280 each in one of the alternative colors cannot be provided, Then it is acceptable to quote a mix of colors to get to 280 each backpack. It is also required that contractor have the backpacks filled prior to delivery as they are “Ready to o Kits”. When a box is open the backpack is already filled with the contents and “Ready to Go”. Each BACK Pack will be packed with the following Items: Emergency Food Ration (2400 Calorie) 1 Each, Emergency Drinking Water Pouch (4.22oz) 6 Each, Hand-Squeeze LED Flashlight (No Batteries Required) 1 Each, Light Stick (12-hr) 1 Each Plastic whistle with Lanyard 1 Each, Emergency Contact Card 1 Each, Emergency Survival Blanket Waterproof Poncho (Adult Size), First Aid Kit (37 piece). First Aid Kit Contents. Plastic Bandages (3/4”x3”) 10 each, Plastic Bandages (3/8” x 1x1/2”) 10 Each, Gauze Pads 2 Pack (2 x 2) 2 Pack, Alcohol Cleansing Pads 3 Each, Butterfly Bandages 1 Each, Cotton Tips 10 Each, Carry Case 1 Each. vi. Contractor shall provide 280 each red nylon backpack with 5 compartments. This backpack emergency kit features high-quality emergency food and water, first-aid kit, and a hand-squeeze LED flashlight (no batteries required). The food and water in this emergency kit have a 5-year shelf life, contains nuts and is safe for vegetarians. This all-purpose backpack emergency kit is suitable for use in emergency situations including earthquakes, tornadoes, winter storms, thunderstorms, hurricanes, floods, wildfires, landslides, tsunamis, volcanic eruptions, and extreme heat and cold. vii. Performance Period within 30 Days ARO. FOB destination. Delivery Location: The Department of Veterans Affairs, Department of Veteran Affairs, San Juan, Veteran Benefits Administration (VBA), Regional Benefits Office, Mark for Attn: Benjamin Bruno, Office 161, 50 Carr 165 Guaynabo, PR 00968. viii. FAR 52.212-1, Instructions to Offerors Commercial Items (Oct 2018), applies to this acquisition. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html; http://www.va.gov/oal/library/vaar/; (End of clause). ix. 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: Technical Requirements: Contractor Can Provide all the contents and back packs , Past Performance: Price: Technical and past performance, when combined, are equal to price. x. 52.212-3 Offeror Representations and Certifications Commercial items (DEC 2019) xi FAR 52.212-4 Contract Terms and Conditions-Commercial Items applies to this solicitation. The following provisions and clauses are added as addenda. 52.252-2 Clauses incorporated By reference (FEB 1998) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013); VAAR 852.203-70 Commercial Advertising (Jan 2008) VAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors As prescribed in 815.304-71(a), insert the following clause: SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) (a) In an effort to achieve socioeconomic small business goals, 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 (SDVOSBs) and Veteran-owned small businesses (VOSBs) as subcontractors. (b) Eligible service-disabled Veteran-owned small businesses 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 the Vendor Information Pages (VIP) database.(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs 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 VIP database. (d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business. (End of clause) VAAR 852.232-72 Electronic Submission of Payment Request (NOV 2018) xii. 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders commercial Items (APR 2015) applies to this acquisition. (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: Paragraph b clauses applicable 52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222-26, Equal Opportunity (SEP 2016), 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.223-3 Hazardous Material Identification & Material Safety Data ( JAN 1997) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-1 Buy American Supplies (MAY 2014) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (MAY 2014) 52.232-18 Availability of Funds (APR 1984); 52.232-19 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) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 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: 52.222-3, Convict Labor (June 2003) 52.222-19 Child Labor Cooperation with Authorities and Remedies (JAN 2020) VAAR 852.273-74 Award without Exchanges (JAN 2003). The Government intends to evaluate quotes 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) Provisions incorporated by reference are: 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-17 Ownership or Control of Offeror (JUL 2016) 52.225-25 Prohibition on Contracting with entities engaging in certain activities or transactions relating to Iran Representation and Certification (AUG 2018) Clauses in Full Text 52.204-13 System for Award Management Maintenance (JUL 2013) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.242-17 Government Delay of Work (APR 1984) 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items. As prescribed in 812.301(f)(1), insert the following clause to indicate provisions and clauses applicable to this acquisition: PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) (a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference. 852.203-70 Commercial Advertising (MAY 2018); 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. As prescribed in 819.7009, insert the following clause: VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) (a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVSOB:” (1) Means a small business concern– (i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition); (ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; (iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.gov); and (v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR Part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set asides and sole source contracts. “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from eligible service-disabled Veteran-owned small business concerns. Only VIP-listed service-disabled Veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled Veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled Veteran-owned small business concern that meets the size standard for the applicable NAICS code. (c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service-disabled Veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award. (d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following: (1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (2) Supplies or products. (i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver is described in 13 CFR 121.406(b)(5) is granted. (3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6. (e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled Veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants. (f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled Veteran-owned small business concerns and the VA Veterans First Contract Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence. (End of clause). VAAR 852.219-74 Limitations on Subcontracting—Monitoring and Compliance. As prescribed in 819.7203(a) insert the following clause: LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION) (a) This solicitation includes 852.219-10. [Note: Contracting Officers must fill-in the applicable clause required to be included in sole-source and/or set-aside acquisitions (e.g., VA Acquisition Regulation (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside, 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside; FAR 52.219-6, Notice of Total Small Business Set-Aside).(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor’s offices where the Contractor’s business records, or other proprietary data are retained and to review such business records regarding the Contractor’s compliance with this requirement. (c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement. (End of clause) (JUL 2018). VAAR 852.223-70 Instructions to Offerors-Sustainable Acquisition Plan (SEP 2019). xiii N/A xiv. N/A xv. Quotes are due no later than 4:00 PM EST on June 4, 2020 by e-mail to raymond.tracey@va.gov. Quotes received after the time specified in the request for quote are considered late and will not be considered unless deemed advantageous to the government. All requests for information must be in writing.