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

COMBINED SYNOPSIS/SOLICITATION VA New Jersey Health Care System On-Site Surgical Instrument services (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the f... COMBINED SYNOPSIS/SOLICITATION VA New Jersey Health Care System On-Site Surgical Instrument services (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and FAR 13.5 Simplified Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. (ii) This solicitation is issued as a request for quote (RFQ). Request for Quote will be submitted through beta.sam.gov on RFQ reference number 36C24221Q1251. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 (eff. 03/10/2021), VAAR 2008-28 (eff. 01/27/21). (iv) This solicitation is a Total SDVOSB set-aside open market solicitation. The associated North American Industrial Classification System (NAICS) code for this procurement is 811219 with a small business size standard of $22 Million. The FSC/PSC is J066. (v) This is a services contract to provide On-Site Surgical Instrument services at the VA New Jersey Health Care System- East Orange VA located at 385 Tremont Ave, East Orange, NJ 07018. The Contractor shall provide clear pricing as the Contracting Specialist will need to distinguish between the varying costs of the procurement in order to determine price reasonableness. (vi) The required work is as contained below in the Statement of Work. Statement of Work VA New Jersey Health Care System East Orange, NJ Title: On-Site Surgical Instrument Services Background: The VA New Jersey Health Care System East Orange, NJ is requiring Sterile Processing Service (SPS) as directed by VHA Directive 1116 (2), Sterile Processing Service (SPS) . A systematic plan to assess and retire malfunctioning reusable medical equipment (RME) instrumentation shall be in place by utilizing a company or intra-facility service that is certified to refurbish instrumentation. Scope of Work: The contractor shall furnish all labor, materials, supplies, equipment, and personnel necessary to accomplish the services required of the task. Contractor shall provide full-service repair of RME and provide surgical instrument replacement in cases where repair cannot be performed, for approximately 15,00 instruments and 6 trays as required. On-site repair services shall occur twice monthly on a schedule mutually agreed by the vendor and SPS Service. Contractor shall test the functionality of the equipment upon completion of repair. If this is a test for repair, the test should ensure that damaged parts have been successfully repaired and all functions including, but not limited to those related to repaired parts are operational. Contractor shall inspect, sharpen, and perform all steps in the refurbishing process. For all RME and containers. Contractor shall provide full-service repair for RME including electrical, re-insulation, sharpening, re-alignment. Contractor shall replace basic instrumentation that cannot be repaired. Contractor shall work on-site with same day service. Documentation/ Reports: The documentation will include detailed descriptions of maintenance procedures performed required to maintain the equipment in accordance with conformance standards. Such documentation shall meet the guidelines as set forth in the Conformance Standards. In addition, each ESR must document the following data legibly, as applicable in complete detail: Name of Contractor Name of FSE who performed services. Contractor Service ESR Number/Log Number. Date, Time (starting and ending), Hours-On-Site for service call. VA Purchase Order Number(s) (if any) covering the call, if outside normal working hours. Description of Problem Reported by COR/User. Identification of instrument to be serviced to include the following: Equipment ID # or MX/EE# from the bar-code, Manufacturer's Name, Device Name, Model#, Serial #, and/or any other Manufacturer's identification numbers. Whether part of a tray or individual instrument. Itemized Description of Service(s) Performed (including Costs associated with after normal working hour services), including: Labor and Travel, Parts (with part numbers) and Materials and Circuit Location of problem/corrective action. Including instruments needing replacement or unrepairable. Total Cost to be billed. Signatures from the following: FSE performing services described. VA Employee who witnessed service described. Equipment downtime calculated in accordance with Conformance Standards. Safety Requirements Contractor will adhere to all Federal, State and Local Requirements for conducting business on VA grounds. In performance of this contract, the technician will adhere to all safety standards set forth by the profession. The Contracting repair services must be based on the same strict quality standards applied to the original manufacturer s Instructions for Use (IFU). The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all and any part of the work and hold the Contractor in default. Compliance with OSHA Bloodborne Pathogens Standard: The contractor shall comply with the Federal OSHA Bloodborne Pathogens Standard. The contractor shall have methods by which all employees are educated as to risks associated with bloodborne pathogens. The contractor shall have policies and procedures that reduce the risk of employee exposure to bloodborne pathogens. The contractor shall have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens. The contractor shall provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for the employee during performance of the contract. Reporting Requirements: The contractor shall report to Sterile Processing to "check-in" upon arrival and prior to performance of work under this contract. This check-in is mandatory and can be accomplished in person or by phone contact. When the service(s) is/are completed, the FSE shall document the services rendered on a legible ESR(s). The FSE shall be required to check out with the SPS Chief or designee (location to be specified at time of contract award) and submit the ESR(s) to the COR. Upon completion of the service, the SPS Chief or designee will perform the inspection in the presence of the contractor personnel, prior to the contractor personnel leaving the facility. All ESRs shall be submitted to the SPS Chief or designee for acceptance signature. This inspection will ensure that all equipment is returned to full functioning condition No invoices will be processed for payment prior to the completion of POC inspection. All instruments shall be returned to the NJHCS via the warehouse. Under no circumstance will the contractor retain VA property. Regulations: This service shall be provided by a qualified instrument RME repair technician provide by the Contracting service. Contractor shall provide services and material to ensure that the equipment functions in conformance with the latest requirements of National Fire Protection Association (NFPA-99), VHA directive 1116 (2), TJC, NEC, OSHA, HIPAA, Federal and VA security specifications and requirements as applicable. Estimated Period of Performance: 08/16/2021- 08/15/2022 with a provisional four (4) option years. Schedule: On-site repair services are to be provided twice monthly on a schedule mutually agreed by the vendor and SPS Service. The services will be performed Monday Friday, between 8:00am and 4:30pm EST. Excluding any federal holidays and weekends. Place of performance: VA New Jersey Health Care System East Orange VA 385 Tremont Ave. East Orange, NJ 07018 Other Related Services (Not Included in the Scope of Work) Any services not expressly stated in this statement of work are not authorized. Services such as inspection, Original Equipment Manufacturer (OEM) required maintenance, or other maintenance and repair vital to the continued functioning of the systems may be added only after written modification from the contracting officer, unless they are inclusive to the requested services. No other person, including the COR or any other VA personnel are authorized to request additional work be performed by the contractor. Any additional services performed that are not authorized by the contracting officer will be considered inclusive. Definitions/Acronyms: FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VA Outpatient Clinic premises. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract. RME- Reusable Medical Equipment Acceptance Signature - VAMC employee who indicates FSE demonstrated service conclusion/status and user has accepted work as complete/pending as stated in ESR. NFPA - National Fire Protection Association. VAMC - Department of Veterans Affairs Medical Center. (vii) The following solicitation provisions apply to this acquisition: The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html FAR 52.212-1, Instructions to Offerors Commercial Items (Jun 2020) a. Solicitation number for this requirement is 36C24221Q1251. b. Name, address and telephone number of offeror. c. Technical description of services to be performed in accordance with the Statement of Work. This Technical description should address the requirement specifically. Capability statements that are merely an overview of what the contractor offers will be determined incomplete. d. Terms of any express warranty. e. Price should be for all services detailed on the statement of work. The pricing must be broken down in a manner that allows for price reasonableness to be determined. If provisional option years are included, pricing should be broken down for each year. Failure to provide complete pricing will result in contractors package being determined to be incomplete. Hourly rate shall be separated from any other costs. Overhead and Profit shall also be provided. Failure to do so will result in automatically being disqualified. f. Acknowledgement of any solicitation amendments g. Past performance information h. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. i. 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). The following solicitation provisions apply to this acquisition: 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.217-5 Evaluation of Options (JUL 1990) (viii) The provision at FAR 52.212-2, Evaluation Commercial Items (OCTOBER 2014), applies to this acquisition. 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. Technical: The offeror shall be evaluated on its ability, as demonstrated in its proposal, to successfully perform all the requirements listed in the Statement of Work (SOW). The proposal shall include recent and relevant experience of similar size and scope as this requirement. Technical capability: Contractor shall provide a maximum 10-page capability statement demonstrating their ability to meet all of the requirements of the SOW. Technical Proficiency: Contractor shall submit a proposal that demonstrates its understanding of the requirement in accordance with the Statement of Work and the extent to which potential risks are identified and mitigated. Contractor shall include names of key personnel for prime and subcontractors. Contractor shall provide an anticipated proposed schedule to perform maintenance on doors, based on schedule of SOW. 2. Past Performance: The offeror shall provide 3-5 instances of past-experience of similar scope within the past 5 years. The contractor shall be a firm regularly engaged in surgical instrument maintenance in a healthcare facility. Their expertise and experience shall be of such extent as to provide them the knowledge of inspecting, sharpening and replacing surgical instruments. 3. Price: Offeror s price shall be evaluated to determine if its fair and reasonable. Offerors shall submit a price/cost breakdown to include hourly rates of all employees who will be involved in the complete of this project. 4. Service-Disabled Veteran-Owned Small Business (SDVOSB): The offeror shall be certified, verified, and have an active registration in the Vendor Information Pages (https://www.vip.vetbiz.va.gov/). Technical and past performance, when combined, are approximately equal when combined, when compared to price. Offeror must also meet the terms and conditions of all clauses and provisions. A quote may be determined to be unacceptable/incomplete if required information is missing or if the quote materially deviates from the requirements of the RFQ. All complete proposals will be considered. (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. (End of provision) (ix) FAR 52.212-3, Offerors Representations and Certifications Commercial Items (FEB 2021) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. (x) FAR 52.212-4, Contract Terms and Conditions Commercial Items (October 2018) applies to this acquisition. The following clauses are incorporated into Addendum to FAR 52.212-4, 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.217-8 Option to Extend Services (NOV 1999) 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 5 years. (End of Clause) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020) - 852.203-70 Commercial Advertising. - 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2020) Definition. For the Department of Veterans Affairs, Service-disabled Veteranowned small business concern or SDVOSB : (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 part 74 and is listed in VA s Vendor Information Pages (VIP) database; 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, 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 unless otherwise stated in this clause. (2) 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). (3) The term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (4) The term small business concern owned and controlled by Veterans with service-connected disabilities has the meaning given the term small business concern owned and controlled by service-disabled Veterans under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) above). (b) General. (1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award. (3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences. (c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. 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. (d) Agreement. When awarded a contract action, including orders under multipleaward contracts, 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 part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR part 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) 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 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 VIPlisted SDVOSBs. (2) Supplies or products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer 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 non-manufacturer, 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) has been 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 construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime may be paid to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For contracts referenced in (d)(2), (3), and (4) the cost of materials is excluded and are not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small businesses do not provide them. For additional information and more specific requirements on the limitations on subcontracting, refer to 13 CFR 125.6. (e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows: *By the end of the base term of the contract or order, and then by the end of each subsequent option period. (f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to 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. (g) Precedence. Any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program takes precedence. (h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406, Debarment). (End of clause) - 852.232-72 Electronic Submission of Payment Requests. - 852.270-1 Representatives of Contracting Officers. 852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018) DEVIATION 852.242-71 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) (xi) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (JAN 2021) The following subparagraphs of FAR 52.212-5 are applicable: 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.219-28 Post Award Small Business Program Rerepresentation (NOV 2020) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-41 Service Contract Labor Standards (AUG 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) Employee Class: Monetary Wage-Fringe Benefits: 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.232-33 Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (xii) All quoters shall submit the following: one copy of technical capability and pricing, and an additional redacted copy. All quotations shall be sent ONLY to Evelyn Peguero at Evelyn.Peguero@va.gov This is a Total Service-Disabled Veteran Owned Small Business set-aside open market for On-Site Surgical Instrument services as defined herein. The government intends to award a contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoter shall list exception(s) and rationale for the exception(s). Any questions regarding this solicitation shall be submitted in writing no later than 12:00pm on 08/04/2021 via e-mail to the Contracting Officer at Evelyn.Peguero@va.gov. Submission shall be received via e-mail no later than 9:00am EST. on 08/09/2021 at Evelyn.Peguero@va.gov. Submissions shall include the RFQ number, the proposed unit price, the proposed extended price, any prompt payment discount terms, company name, company point of contact, address, phone number, fax number, e-mail address, Tax Identification Number, DUNS number, and business size status. All information has been posted and there are no other documents available. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Faxed or postal mailed quotes will NOT be accepted. Any questions regarding this solicitation shall be submitted in writing no later than 12:00pm on 08/04/2021 via e-mail to the Contracting Officer at Evelyn.Peguero@va.gov. A site visit will not be scheduled for this requirement. All communication shall have RFQ number and requirement title in the subject line. Point of Contact Evelyn Peguero, Contracting Officer Evelyn.Peguero@VA.gov NO PHONE CALLS.