Inactive Total Small Business Set-Aside (FAR 19.5)

Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services Effective Date: 03/15/2023 Revision: 01 Description This is a combined synopsis/solicitation for commercial... Attachment 1: Combined Synopsis-Solicitation for Commercial Products and Commercial Services Effective Date: 03/15/2023 Revision: 01 Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, 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. This solicitation is issued as a small business set aside request for quotes (RFQ). The solicitation number is 36C25024Q1006. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-06. The associated North American Industrial Classification System (NAICS) code for this procurement is 334111, with a small business size standard of 1,250 Employees. The FSC/PSC is DA10. The Department of Veterans Affairs, Cincinnati VA Medical Center (CVAMC) located at 3200 Vine Street, Cincinnati, OH 45220-2213 is seeking to purchase the brand name ScriptPro Pharmacy Workflow Management System (WMS). All interested companies shall provide quotations for the following: Supplies/Services Line Item Description Quantity Unit of Measure Unit Price Total Price 1 Remote Access Server for WMS Inbound Access to WMS Software for up to five (5) sessons 1 Each 2 RAS Device License Package Workflow Management System RAS Device License Package (5 Devices) 2 Each 3 Endpoint Security (Per Server/Client Computer) Endpoint Security (Per Server Computer, HCI VM, Client Computer) 1 Each 4 Monthly Support 12 Job TOTAL The requested brand name WMS Software must provide the capabilities outlined in the Statement of Work. STATEMENT OF WORK DESCRIPTION OF SERVICE: ScriptPro Remote Access Server BACKGROUND: The Cincinnati VA Medical Center s (CVAMC) Pharmacy Service relies on the ScriptPro Robotic Prescription fill machine to physically count, bottle and label the prescriptions dispensed to all outpatients seen in the clinics and to the patients housed on campus in our domiciliary programs. The system consists of 3 fill robots connected through a server to fill and check stations used by the staff to verify the prescription and to dispense it to the patient at the pick-up window. The system interfaces with VistA and sends the fill information to the VA computer system. This system is in use in many VA pharmacies and has been in use at the Cincinnati VAMC s pharmacy since 2000. The system is designed so that all robots, hardware and software can be upgraded when necessary. OBJECTIVE: Procure remote access server required to run and print ScriptPro reports from standard VA-issued laptops. This will allow real-time tracking of key performance and patient measures such as items in out-of-stock queue, number of prescriptions in pending queue, and other day to day functions. This remote access should improve efficiencies with all levels of outpatient prescription filling. SCOPE OF WORK: ScriptPro remote access will be installed as accessible software for specific number of licensed users. Remote Access Server provides users a quick and easy way to access ScriptPro s Workflow Management and Pharmacy Management Systems from a non-ScriptPro computer. Users initiate a secure session to the Remote Access Server by launching a Remote Desktop Protocol (RDP) session from a non-ScriptPro computer. The secure session provides access to many of the ScriptPro System features that are available from an SP Datapoint. Prescription status inquiries, processing exceptions management, pharmacy reporting, remote inspection, and access to other important operational data are all possible via Remote Access Server. Includes five (5) Remote Access sessions. Additional Remote Access sessions (in groups of five) available for additional fee. Maximum of 15 sessions supported. TERM OF CONTRACT AND PRICING: The VA anticipates the award of a single contract on a firm, fixed-price, indefinite delivery, indefinite quantity basis from this solicitation. The solicitation will be conducted in accordance with FAR 12 and 15. Pricing should be quoted by GS schedule and subject to the availability of VA funds. HOURS OF OPERATION: Not applicable. IMAGE AND DATA TRANSMISSION SECURITY: System Connectivity. The contractor shall provide and maintain the means for enabling and maintaining system connectivity. All required/supporting documentation including, but not limited to Memorandum of Understanding and Interconnected Security Agreement shall be completed with appropriate signatures and shall be updated as changes occur. The contractor shall maintain external communication systems required for secure, VA-compliant image and data delivery to its pharmacists and shall configure, install and maintain the purchased software. Routine preventative maintenance inspections shall be the responsibility of the contractor. The contractor shall expeditiously provide all requested information to CVAMC s Information Security Officers (ISO), Chief Information Manager and the COR before the contractor is able to provide service. The contractor shall comply with all VA information security requirements including initial and annual security awareness training, background checks and using equipment that meets VA security standards. The contractor shall conform to all Rules of Behavior set forth by the Office of Cyber & Information Security (OCIS). In order to have remove access, contractor shall apply for and install the One-VA VPN. The contractor shall apply for network access and sign Rules of Behavior/Security Agreement. Note: Microsoft Windows (currently edition) is the Government s operating system. CVAMC shall provide a firewall and antivirus software (for VA protection only) to the connection if needed. If a firewall or antivirus software is needed for the contractor side, they will be the responsibility of the contractor. The contractor shall provide e-mail address and a telephone number(s) and contract person(s) to be used by CVAMC for inquiries and problem solving at all times via 24-hour, 7-day/week number. The contractor shall secure and maintain the communications link between the contractor s facility and the VA facilities at the contractor s expense. Due to the confidential nature of the patient information, services that are completed within the contractor s office or home facilities (if the contractor provides services from the home) shall employ a security system adequate to maintain confidentiality. The connectivity/functionality should be approved and verified by the VA prior to acceptance. The contractor shall be responsible for any costs associated with connectivity to a VA System, to include configuring the system for connectivity to the VA and/or any costs incurred on the contractor s side. SECURITY REQUIREMENTS FOR CONTRACTOR EMPLOYEES: The contractor(s) shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPPA. Any person who knowingly or willingly discloses confidential information from the VA Medical Centers may be subject to fines of up to $50,000 and may be subjected to civil litigation from the patient(s). The contractor shall be compliant with VA Handbook 6500, Information Security Program. The contractor shall maintain a drug-free workplace in accordance with Federal regulations. The contractor shall establish and maintain a drug-free workplace program. The administration of this program as well as the establishment of commensurate disciplinary action will be the responsibility of the contractor. All costs associated with obtaining clearances for contractor(s) provided personnel shall be the responsibility of the contractor(s). Further, the contractor(s) shall b responsibly for the actions of those individuals they provide to perform work for the VA under this contract. In the event that damages arise from work performed by the contractor(s) provided personnel, under the auspices of this contract, the contractor(s) shall be responsible for all resources necessary to remedy the incident. INFORMATION MANAGEMENT: System of Records: The Veterans Affairs system(s) of records to which the contractor(s) personnel will have access in order to maintain is Patient Medical Records VA (24VA136). System Security: The contractor(s) shall provide VA with the full assurance that security measures have been implemented which are consistent with OMB Circular A-130 and VA Departmental Standards. Confidentiality of Patient Records: The contractor is a VA contractor and will assist in the provision of health care to patients seeking such care for or through the VA. As such, the contractor is considered part of the Department of Health Care Activity. The contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, the contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, the contractor may have access, as would other appropriate components of VA, to patient medical records, including patient treatment records pertaining to drug and alcohol abuse, HIV and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the contractor is restricted from making a disclosure of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA. The records referred to above shall be, and remain, the property of the VA and shall not be removed or transferred from VA except in accordance with U.S.C. 551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of Claimants Records), 5 U.S.C. 552 (FOIA), 38 U.S.C 5705 (Confidentiality of Medical Quality Assurance Records), 38 U.S.C. 7332 (confidentiality of Certain Medical Records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over contractor, may have access to the VA s records, at the VA s place of business on request during normal business hours, to inspect and review and make copies of such records. In addition, the following policies and laws are applicable under this contract: Computer Security Act of 1987, PL 100-235 Privacy Act of 1974, 5 U.S.C. 552a Healthcare Insurance Portability and Accountability Act of 1996 (HIPPA) Fraud and Related Activity in Connection with Access Devices and Computers, 18 U.S.C. 1029-1030 Electronic Communications Privacy Act of 1986, PL 99-508 U.S.C. 3301, Confidential Nature of Claims U.S.C. 3305, Confidentiality of Medical Quality Assurance Records U. S. C 4132, Confidentiality of Certain Medical Records 8.4 The contractor shall comply with CVAMC computer and end user security requirements: Access only data for which the contractor has authorized privileges. Maintain confidentiality of sensitive data or information. Protect any assigned user ID s, passwords, electronic signatures and other access key from disclosure. Secure sensitive printed information in approved storage containers when not in use. Practice good housekeeping with equipment and work areas. Log off systems before leaving a computer unattended. Refrain from the illegal reproduction or use of copyrighted and licensed software. Utilize the data only to the need necessary to perform the requirements of this contract. The contractor understands and agrees that the medical records of a patient and radiology reports generated are strictly confidential. Each person assigned to this contract shall be required to sign a confidentiality statement. Each person allowed access to the VistA system shall sign an Automated Information Security Agreement annually. Health Insurance Portability and Accountability (HIPAA). In accordance with 45 CFR 164.5029e), the Privacy Rule includes exception to the Business Associate Agreement in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a Business Associate Agreement is not required for this contract. The contractor shall maintain an Errors and Omissions liability insurance policy which insures against a negligent act, error or omission and the oral or written publication of material that violated a person s rights of privacy. The contractor shall also maintain a commercial general liability policy. Evidence of coverage shall be provided to the VA credentialing department upon request. In accordance with the Health Insurance Portability and Accountability Act (HIPAA) and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General (OIG) has established a list of parties and entities excluded from federal health care programs. Specifically, the listed parties and entities on the OIG List of Excluded Individuals/Entities may not receive federal health care program payments due to fraud and/or abuse of the Medicare and Medicaid programs. Therefore, all offerors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov/oig to ensure that the proposed candidate(s) and/or firm(s) are not listed. Offerors should note that any excluded individual or entity that submits a claim for reimbursement to a federal health care program, or causes such a claim to be submitted, may be subject to a civil monetary penalty (CMP) of $10,000 for each item or service furnished during a period that the person or entity was excluded an may also be subject to treble damages for the amount claimed for each item or service. CMP s may also be imposed against health care providers and entities that employ or enter into contracts with excluded individuals or entities to provide items or service to federal program beneficiaries. By signing the offer/bid, the contractor certifies that he/she has reviewed the OIG List of Excluded Individuals/Entities and that the proposed candidate(s) and/or firm are not listed as of the date the offer/bid was signed. MAINTENANCE AND TECHNICAL SUPPORT: Provide maintenance on all contractor-provided equipment and installed systems. Contractor shall make provisions for the proper maintenance and functioning of associated equipment, facilities and fixtures as may reasonably be required by pharmacists to perform services hereunder. Provide after-hours support for problems with call-pack periods not to exceed 30 minutes from the placement of a call for assistance. UPTIME: Provide a system that maintains at least a 99% uptime performance rate. VA personnel shall be notified immediately of any equipment malfunction that would hinder the transmission of images or other data. In the event of a system failure, contractor shall work cooperatively with the VA facility to remedy the situation as quickly as possible. The contractor may contact the CVAMC s CIO during normal business hours at 610-384-7711 x 4555 or the AOD at 610-384-7711 x5060 OR 4290 on evenings/holidays/weekends. PLANNING AND INSTALLATION: Contractor shall develop a project implementation strategy with CVAMC to include the preparation of buildings, establishing telecommunications etc. if necessary The service provider shall be required to utilize a point-to-point VPN between themselves and CVAMC if necessary to dial into the system for diagnostic or upgrade purposes. All security requirements need to be met. Contractor shall provide a system that maintains a minimum of 99% up time performance rate. Failure to provide this shall result in a deduction on the contract by 1/30th for each day down and possibly contract termination. Contractor shall provide hardware necessary to connect remotely to CVAMC to be utilized at the contractor site. Contractor shall provide facsimile, telephone, computer/laptops, networking and other telecommunication equipment to be utilized at the contractor facility. Contractor shall provide al supplies, services, maintenance, repairs and upgrades required at contractor facility to provide services as described above. Contractor s equipment, hardware, software and supplies shall be compatible with the VA s software and hardware used during performance of this contract, including critical patches and antivirus updates. Contractor shall provide proof of installation of critical patches and/or antivirus updates to the VA upon request. Contractor s network and security system shall be compatible with the VA s network and security system. Contractor shall use any VA furnished items in conjunction with, and exclusively for, performance under this contract. 12.1 After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to: Contracting Officer (CO) (End of SOW) The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) FAR 52.204-13, System for Award Management Maintenance (Oct 2018) FAR 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services (Sep 2023) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR. The following provision is incorporated into 52.212-1 as an addendum to this solicitation: FAR 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (Nov 2021) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits a quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition Is set aside for small business and has a value above the simplified acquisition threshold; or Uses the HUBZone price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference; or Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified. Quotes may be submitted on letterhead stationery, or as otherwise specified in the RFQ. As a minimum, quotes must show            (1) The solicitation number;            (2) The time specified in the solicitation for receipt of quotations;           (3) The name, address, and telephone number of the quoter; A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;            (5) Terms of any express warranty;            (6) Price and any discount terms;            (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);            (9) Acknowledgment Request for Quotation amendments; (10) Past performance will not be considered in simplified acquisition procurements. (11) Quote should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations and certifications, information requested in (1) to (9) and accept the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of Quotes. The quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotes. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender s request and expense, unless they are destroyed during testing. (e) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately. (f) Late submissions, revisions, and withdrawals of quotes. (1) Quoters are responsible for submitting quotes so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes are due. (2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer (CO) determines that accepting the late quotation would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude a notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (g) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public s best interest. The Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest priced quotation. (h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.       (1) Availability of requirements documents cited in the solicitation. (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925, Facsimile (202) 619-8978. (j) Unique entity identifier (UEI). Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the contractor to be registered in the System for Award Management (SAM).) The quoter must enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoters name and address. The quoter also must enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the UEI. The suffix is assigned at the discretion of the quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the quoter does not have a UEI, it should contact the entity designated at www.sam.gov for UEI establishment directly to obtain one. The quoter should indicate that it is a quoter for a government contract when contacting the entity designated at www.sam.gov for establishing the UEI. (k) [Reserved] (l) Requests for information. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). However, quoters may request information on purchase order(s) resulting from this solicitation with the CO. (End of Provision) FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services (May 2024) 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 Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required. FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services (Nov 2023) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (May 2024) FAR 52.225-1, Buy American Supplies (Oct 2022) VAAR 852.212-71, Grey Market and Counterfeit Items (Feb 2023) VAAR 852.212-72, Grey Market and Counterfeit Items Information Technology Maintenance Allowing Other-than-New-Parts (Feb 2023) VAAR 852.219-76, VA Notice of Limitations on Subcontracting Certificate of Compliance for Supplies and Products (Nov 2022) 852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products. As prescribed in 819.7011(c), insert the following clause. The contracting officer shall tailor the clause in paragraph (a)(2)(iii) as appropriate: VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (NOV 2022) (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: [Offeror check the appropriate box] (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 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 fill-in - 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. [Offeror fill-in - check each box below.] 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) 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. (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 in...