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

VA Forms Page 26 of 33 COMBINED SYNOPSIS SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additio... VA Forms Page 26 of 33 COMBINED SYNOPSIS SOLICITATION 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; proposals are being requested and a written solicitation will not be issued. 36C10E22Q0145 The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2022-06, dated 05-26-2022. This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. 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 for this solicitation is 332321, Small Business Size Standard 750 Employees. Applicable wage determination 2015-4571 Revision 19 dated 7/29/2022 is incorporated. Contractor shall provide quote to repair shutter system in place. ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT 0001 The contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to repair shutter system in place at VARO St. Petersburg FL, in accordance with the enclosed description in par vi. Cost of additional motors $________________ EA. ( DO NOT Include this cost in TOTAL JOB amount for your quote) 1 JB $___________ $___________ Description of Requirement : Repair Shutters, The contractor will provide all equipment (To include a lift and licensed operator), supervision, labor, administrative support, materials, tools, parts, supplies, and transportation necessary for the completion of a project to correct deficiencies found during the most recent test of the hurricane shutters. Work includes but is not limited to: Repair 20 each Motorized Hurricane Shutters Clean, Debug, Fix/repair, Lube, (including 5 series 550 motors) All work will be done doing regular business hours. Contractor will coordinate with the assigned project manager for RO317 SSD for shutdown areas for lift. Repairs will be done in five business days. Quote should include cost for use of 1 each 60 lift for five days (estimated). The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Contractor staff will be escorted at all times by representative of RO317 SSD. Period of Performance: 30 Days after receipt of order (ARO) FOB Destination. FAR 52.212-1, Instructions to Offerors Commercial Items (NOV 2021), applies to this solicitation. The following provisions and clauses are added as addenda: 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) FAR 52.212-2 Evaluation Commercial Items (NOV 2021), applies to this solicitation. Offers will be evaluated on total price for job as stated in par iv. Quote required is all or none. FAR 52.212-3 Offeror Representations and Certifications Commercial Items (MAY 2022) applies to this solicitation. Offerors shall submit a completed copy of FAR 52.212-3 with its Offer. FAR 52.212-4, Contract Terms and Conditions Commercial Items (NOV 2021) applies to this solicitation. The following provisions and clauses are added as addenda: 52.252-2 Clauses 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): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaam/index.asp https://www.va.gov/oal/library/vaam/index.asp (End of Clause) Page 8 of 8 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE ( OCT 2018) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.228-5 Insurance Work on a Government Installation (JAN 1997) (a) Workers compensation and employer s liability. Contractors are required to comply with applicable Federal and State workers compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer s liability section of the insurance policy, except when contract operations are so commingled with a contractor s commercial operations that it would not be practical to require this coverage. Employer s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.) (b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) Property damage liability insurance shall be required only in special circumstances as determined by the agency. (c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. 52.232-18 Availability of Funds (JUN 2020) 52.232.40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION) (a) Definition. As used in this clause United States or its outlying areas means (1) The fifty States; (2) The District of Columbia; (3) The commonwealths of Puerto Rico and the Northern Mariana Islands; (4) The territories of American Samoa, Guam, and the United States Virgin Islands; and (5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll. (b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985). (c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas. (End of Clause) VAAR 852.212-70 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. _X_ 852.203-70, Commercial Advertising. ___ 852.209-70, Organizational Conflicts of Interest. _X_852.211-70, Equipment Operation and Maintenance Manuals. ___ 852.214-71, Restrictions on Alternate Item(s). ___ 852.214-72, Alternate Item(s). [Note: this is a fillable clause.] ___ 852.214-73, Alternate Packaging and Packing. ___ 852.214-74, Marking of Bid Samples. __ 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors. ___ 852.215-71, Evaluation Factor Commitments. ___ 852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index. ___ 852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index. ___ 852.216-73, Economic Price Adjustment State Nursing Home Care for Veterans. ___ 852.216-74, Economic Price Adjustment Medicaid Labor Rates. ___ 852.216-75, Economic Price Adjustment Fuel Surcharge. ___ 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements. _X_ 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. _X_ 852.219-77, VA Notice of Limitation on Subcontracting- Certificate of Compliance for Services and Construction ( SEP 2021) (Deviation) ___ 852.222-70, Contract Work Hours and Safety Standards Nursing Home Care for Veterans. ___ 852.228-70, Bond Premium Adjustment. ___ 852.228-71, Indemnification and Insurance. ___ 852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds. _X_ 852.232-72, Electronic Submission of Payment Requests. ___ 852.233-70, Protest Content/Alternative Dispute Resolution. ___ 852.233-71, Alternate Protest Procedure. ___ 852.237-70, Indemnification and Medical Liability Insurance. ___ 852.246-71, Rejected Goods. ___ 852.246-72, Frozen Processed Foods. ___ 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements. _X_ 852.270-1, Representatives of Contracting Officers. ___ 852.271-72, Time Spent by Counselee in Counseling Process. ___ 852.271-73, Use and Publication of Counseling Results. ___ 852.271-74, Inspection. ___ 852.271-75, Extension of Contract Period. ___ 852.273-70, Late Offers. ___ 852.273-71, Alternative Negotiation Techniques. ___ 852.273-72, Alternative Evaluation. ___ 852.273-73, Evaluation Health-Care Resources. _X_ 852.273-74, Award without Exchanges. (End of clause) VAAR 852.273-74 Award Without Exchanges (NOV 2021) 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) VAAR 852.219-74 Limitations on Subcontracting (JUL 2018) (DEVIATION) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned 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) VAAR 852.219-77 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: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.] (i) [ ] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6. (ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (2) 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. (3) 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. The Contracting Officer 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 with the limitations on subcontracting requirement. 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) 52.212-5, Terms and Conditions Required to Implement Executive Orders Commercial Items (MAY 2022), applies to this solicitation. The following provisions and clauses are selected as appropriate to this solicitation: Paragraph b clauses applicable: (4) 52.204-10 Reporting Executive Compensation & First Tier Subcontracting Awards (JUN 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance or Equipment (NOV 2021) (8) 52.209-6 Protecting the Government s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (22) 52.219-28 Post-Award Small Business Program Representation (MAR 2020) 52.219-33 Non-manufacturer Rule (MAR 2020) (27) 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) 52.222-19 Child Labor-Cooperation with Authorities & Remedies ( Jan 2022 ) (29) 52.222-21 Prohibition of Segregated Facilities (APR 2015) (30) 52.222-26 Equal Opportunity (SEP 2016) (E.O. 11246) (32) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (35) 52.222-50 Combating Trafficking in Persons (NOV 2021) (44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (51) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-23 Assignment of Claims (MAY 2014) (58) 52.232-33 Payment by Electronic Funds Transfer System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2021) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claims (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984) (1) 52.222-41 Service Contract Labor Standards (AUG 2018) (2) 52.222-42 Statement of Equivalent Rates for Federal Hires (FEB 1999) (THIS IS NOT A WAGE DETERMINATION) EMPLOYEE CLASS WAGE + FRINGE BENEFITS 23160 Electrician Maintenance $23.05 (8) 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2021) (9) 52.222-62 Paid Sick Leave Under Executive Order 13706 (NOV 2021) 52.225-3 Buy American-Free Trade agreements-Israeli Trade Act Alternate II (NOV 2021) N/A N/A Offers are due not later than 25 August 2022 5:00 PM Eastern Offers must be submitted electronically ( email) to raymond.tracey@va.gov. For additional information, please contact the Contracting Officer, Raymond S.Tracey, by e-mail to raymond.tracey@va.gov.