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

Page 10 of 10 Request for Quote (RFQ) #: 36C25922Q0411 Street Sweeper This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as suppl... Page 10 of 10 Request for Quote (RFQ) #: 36C25922Q0411 Street Sweeper This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation. * The deadline for all questions is 4:00pm EST, Monday, June 13, 2022 All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation. ** Quotes are to be provided to chris.hollingsworth@va.gov no later than 4:00pm EST, Wednesday June 15, 2022 Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award. This is a Request for Quote (RFQ) and the solicitation number is 36C25922Q0411. The government anticipates awarding a firm-fixed price contract resulting from this solicitation. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 effective May 26, 2022. The North American Industrial Classification System (NAICS) code for this procurement is 333120 with a small business size standard of 1250 employees. This solicitation is a 100% set-aside for service-disabled veteran-owned small business (SDVOSB) concerns. List of Line Items; ITEM # DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0001 Street Sweeper Make/Model Equivalent: Madvac LS175 Street Sweeper 1 EA _____________ _____________ GRAND TOTAL _____________ Description of Requirements for the items to be acquired (salient characteristics); (a)Enclosed cabin that is temperature controlled (b)Emergency stop shut off (c)Broom speed and down pressure control controllable from inside the cab (d)Street legal lighting system (e)Rear view camera (f)Overall height less than 90 (g)Onboard pressure washer (h)Wander hose for hand vacuuming away from vehicle (i)Heated mirrors (j)Electric windshield defrost (k)Warranty coverage for at least 3 years (l)Service availability by manufacturer or authorized servicer Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located at Salt Lake City VA Medical Center 500 Foothill Dr Salt Lake City, UT 84148 52.212-1, Instructions to Offerors--Commercial Items ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL Gray market items are Original Equipment Manufacturer s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable. Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items. Offerors providing an or equal product(s) must adhere to the terms in FAR 52.211-6. If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet are specified in the solicitation. To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must Meet the salient physical, functional, or performance characteristic specified in this solicitation; Clearly identify the item by- Brand name, if any and Make or model number, Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. The contracting officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the contracting officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation Any award made as a result of this solicitation will be made on an All or Nothing Basis. State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract. If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award. Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations. All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror s page limitations unless otherwise indicated in the specific volume instructions below. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. Submission of quote shall include the following volumes: (I) Technical Capability, (II) Delivery and (III) Price Volume I - Technical Capability Technical Capability - The offeror shall submit specifications, cut sheets, or brochures confirming the equal products, including equal products of the brand name manufacturer submitted, meets the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number. Volume II Delivery Delivery - The Government will evaluate delivery and installation and select the quote/offer whose delivery and installation is most advantageous to the Government in terms of delivery and installation time. The Government may consider award to other than the lowest priced quote/offeror if it s in the best interest of the Government. Volume III Price Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule. (End of Addendum to 52.212-1) 52.212-2, Evaluation--Commercial Items ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS: This is FAR Part 13 acquisition utilizing price and other factors. 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 considering price and other factors. The following factors shall be used to evaluate offers: Technical Capability 1. The Government will evaluate equal products on the basis of information furnished by the offeror or identified in the offer. The Government is not responsible for locating or obtaining any information not identified in the offer. The product(s) quoted is determined technically acceptable provided it meets the salient physical, functional, or performance characteristic of the product(s) specified in this solicitation. 2. The Government will evaluate the responses an SDVOSB offeror provides to the four (4) questions stated in FAR 52.212-1, Instructions to Offerors, to verify an SDVOSB s nonmanufacturer qualifying status. If an SDVOSB fails to respond yes to all four (4) questions, their quote will be determined technically unacceptable and ineligible for award. Delivery - The Government will evaluate delivery and installation and select the quote/offer whose delivery and installation is most advantageous to the Government in terms of delivery and installation time. The Government may consider award to other than the lowest priced quote/offeror if it s in the best interest of the Government. Price The Government will evaluate offers by adding all line item prices - the Total of All CLINS will be that sum. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet the technical capability requirements of the Statement of Work shall not be selected regardless of price. (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 Addendum to 52.212-2) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications Commercial Items, with the offer. 52.212-4, Contract Terms and Conditions--Commercial Items applies to this acquisition 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JUL 2020) FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference; FAR 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) FAR 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C. 6101 note) FAR 52.219-28 Post Award Small Business Program Representation (MAY 2020) (15 U.S.C 632(a)(2)) FAR 52.219-33 Nonmanufacturer Rule (MAR 2020) FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19 Child Labor Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (SEP 2016) (E.O. 11246) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) FAR 52.222-50 Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513) FAR 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) FAR 52.225 5 Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) FAR 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) FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management (Jul 2018) (31 U.S.C. 3332) Additional contract requirements or terms and conditions: 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): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ The following FAR clauses are incorporated by reference: FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) FAR 52.227-19 Commercial Computer Software-Restricted Rights (DEC 2007) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) The following VAAR clauses are to be incorporated by reference: VAAR 852.203-70 Commercial Advertising (NOV 2008) VAAR 852.211-70 Service Data Manuals, (NOV 1984) VAAR 852.212-71 Gray Market Items (APR 2020) VAAR 852.212-72 Gray Market and Counterfeit Items (MAR 2020) VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2019 Deviation) VAAR 852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018) VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2012) VAAR 852.246-71 Rejected Goods 52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR) The following FAR provisions are to be incorporated by reference: FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.211-6 Brand Name or Equal (AUG 1999) FAR 52.214-21 Descriptive Literature (APR 2002) The following VAAR provisions are to be incorporated by reference: None The Defense Priorities and Allocations System (DPAS) does not apply. Date and Time offers are due to chris.hollingsworth@va.gov by 4:00pm EST, 6/15/2022. Name and email of the individual to contact for information regarding the solicitation: Chris Hollingsworth Chris.hollingsworth@va.gov A.1 VAAR 852.219-10 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 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 802.101, 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 so listed in the Vendor Information Pages (VIP) 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. (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). (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 servicedisabled 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. 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 as 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 Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence. (End of Clause) A.2 VAAR 852.219-78 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (SEP 2021) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that (1) If awarded a contract (see F(a)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 852.219-10 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. 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 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. (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 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. 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] qualifies as a manufacturer or nonmanufacturer as stated herein and that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting requirement specified in the resultant contract, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. 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)