SOLICITATION NOTICE
65 -- 36C249-19-AP-1956 Nuclear Isotope
- Notice Date
- 7/22/2019
- Notice Type
- Combine Synopsis/Solicitation
- NAICS
- 325412
— Pharmaceutical Preparation Manufacturing
- Contracting Office
- Department of Veterans Affairs;Network Contracting Office 9;1639 Medical Center Parkway;Suite 400;Murfreesboro TN 37129
- ZIP Code
- 37129
- Solicitation Number
- 36C24919Q0406
- Response Due
- 8/7/2019
- Archive Date
- 8/22/2019
- Point of Contact
- crystal.baird@va.gov
- Small Business Set-Aside
- Total Small Business
- Description
- COMBINED SYNOPSIS/SOLICITATION GENERAL INFORMATION: Document Type: Combined Synopsis/Solicitation Solicitation Number: 36C24919Q0406 Posted Date: 07/22/2019 Response Date: 08/07/2019 Response Time: 8:00 AM Central Set Aside: 100% Small Business Product Code: 6505 NAICS Code: 325412 CONTRACTING OFFICE ADDRESS: Department of Veterans Affairs Network Contracting office 9 (NCO 9) 1639 Medical Center Parkway Murfreesboro, TN 37129 DESCRIPTION: 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, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03 07/ 12/2019 The associated North American Industrial Classification System (NAICS) code for this procurement is 325412, with a small business size standard of 1250 employees. NCO 9 is seeking to purchase radiopharmaceutical supplies and services for the Robley Rex Veterans Affairs Medical Center (Robley Rex VAMC). All questions regarding this RFQ must be in writing and may be sent by e mail to crystal.baird@va.gov. Questions must be received no later than 07/26/2019 at 3:00 P.M. Central. No further questions will be accepted after that date and time. You are reminded that representatives from your company SHALL NOT contact any VA Medical Center employees to discuss this RFQ during this procurement phase. All questions and concerns regarding this RFQ shall be directed to the above Contract Specialist. STATEMENT OF WORK RADIOPHARMACEUTICAL (ISOTOPES) SUPPLIES & SERVICES I. STATEMENT OF OBJECTIVES The Contractor will be required to provide radiopharmaceutical supplies and services to the Robley Rex Veterans Affairs Medical Center (Robley Rex VAMC) daily, Monday through Friday, and on weekends and national holidays as needed for emergency procedures. Services will include, but are not limited to the following: 1. DELIVERY: Authorized employees of the Robley Rex VAMC will place orders on an as needed basis. Individual radiopharmaceuticals will be provided in unit dose form in a container and will be delivered at the request of the Robley Rex VAMC. Two free daily deliveries during routine business hours defined as Monday-Friday 0800-1630 hours (excluding holidays). Contractor will supply two (2) phone numbers for ordering after working hours. Orders shall be placed the afternoon before the required delivery date for exact quantities of each unit dose or quantity for bulk (vial) orders. In addition to the two free daily deliveries, emergency orders can be placed at any time with expected delivery within one (1) hour of the order. Deliveries during normal business hours will be to: Nuclear Medicine, Room C-214 for PET Radiopharmaceuticals and Room C-221, Robley Rex Veterans Affairs Medical Center, 800 Zorn Avenue, Louisville, KY, 40206-1499. Delivery personnel will be bonded by the contractor. As needed, the contractor will provide unit dose radiopharmaceuticals on weekends and holidays for emergency procedures. Radioactive shipments prepared in advance to anticipate emergency or routine studies are not acceptable. Deliveries outside of normal business hours will be made by contacting the Robley Rex VA Medical Center Police for delivery to the designated location identified under A. Delivery at the Robley Rex Veterans Affairs Medical Center, 800 Zorn Avenue, Louisville, KY, 40206-1499. 2. QUALITY: Contractor shall guarantee the quality of the radiopharmaceutical. Quality Control (QC) shall include the use of Federal Drug Administration (FDA) approved products for the medical use in humans with an available NDC number from the manufacturer, lot/control number, and expiration date for the product supplied. LEU Tc99m generators will be used for applicable dose preparation. Doses shall be prepared in an area that meets compliance with United States Pharmacopeia (USP) 797 and/or USP 885 compounding requirements. Testing of material from generators may include the following pH testing, percent tag, alumina and 99Mo breakthrough as appropriate. Supporting documentation of all quality requirements will be provided upon request. The contractor must be licensed and in good standing by the state board pharmacy to operate a radio-pharmacy and possess a radioactive material permit/license issued by the US NRC or an agreement state for the receipt, preparation and distribution of radiopharmaceuticals. Any notice of violation (NOV) issued against these licenses will be provided to the Robley Rex VAMC within 10 business days of the contractor s receipt of the NOV. All radiopharmaceuticals shall be calibrated and labeled with radiopharmaceutical name, time dose was prepared, total volume, and total activity. Consultation service regarding radiopharmaceutical applications, problems, controls, etc. shall be provided twenty-four hours per day, seven days per week, upon request at no charge. 3. WASTE REMOVAL: Each workday, the contractor shall remove all radioactive waste generated by contractor (to include all syringes with a sealable safety insert for return of spent doses that ensure standard precautions of the used syringe and vials and blood borne contaminants) without cost. Safe transport of the waste is the responsibility of the contractor. The Contractor will ship and return for disposal sealed sources replaced by sealed sources purchased through the Contractor. The Contractor shall provide evidence of special driver s licenses (competency) due to transporting hazardous materials. Contractor must adhere to OSHA guidelines regarding blood borne pathogens, DOT regulations, Board of Pharmacy regulations pertinent to radiopharmaceuticals, and Nuclear Regulatory Commission (NRC) requirements regarding radioactive materials. 4. INVOICES: The Nuclear Medicine Department shall be provided with copies of the invoices. Invoices shall be paid to the contractor monthly, in arrears, upon submission of a properly prepared invoice for services/ supplies during the period. All invoices will include name of company name and address, point of contact, contract number, dates of services, purchase order number, invoice number, and an itemized listing of charges. Invoices shall be sent to Austin, Texas for on-line certification. 5. COMPUTER SYSTEM: The Contractor shall provide computer hardware and software for the management and disposal of inventory, patient dose records. The Contractor will provide updates on computer systems as needed. 6. HARDWARE: The Contractor will provide equipment as needed and deliver the equipment to the Robley Rex VAMC. The Robley Rex VAMC will prepare the area to which the equipment is to be delivered. Training on the equipment shall include a minimum of two (2) personnel. The Robley Rex VAMC will use the equipment in a careful and proper manner and shall comply with the laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment. The equipment is intended to be used with the software package described in this section. The equipment shall be kept at the Robley Rex VAMC and will not be removed without contractor s prior written consent. Upon receipt, the equipment will be inspected by the Robley Rex VAMC s Engineering Service prior to use to assure it is in good working condition. The Robley Rex VAMC shall not make any alterations, additions, or improvements to the equipment without prior written consent of Contractor. All additions or improvements of any kind made to the equipment shall belong to and become the property of the Contractor upon the expiration or earlier termination of the lease. The contractor shall keep the equipment in good working order, and shall furnish all parts, mechanisms, and devices to keep the equipment in good mechanical working order. Should the equipment fail to operate at no fault to the VAMC, the contractor will repair and/or replace by close of business the next business day. In the event Robley Rex VAMC s act or negligence causes damage to the equipment, the costs of repairing such damage will be the responsibility of the Robley Rex VAMC. The Robley Rex VAMC assumes the risk of loss, theft, or destruction of, and damage to the equipment. Should one or more units of the equipment be totally and permanently lost, stolen, or damaged beyond repair as to preclude continued use for the purpose intended, Robley Rex VAMC shall replace the same. 7. SOFTWARE: The contractor grants the Robley Rex VAMC a nonexclusive, nontransferable license to possess and use the software package in machine-readable form only on a single personal computer located at the Robley Rex VAMC Nuclear Medicine Department. Robley Rex VAMC may not copy or transfer the software or license to another party. Use means loading onto or transmitting to the single personal computer and executing storing or displaying thereon. The contractor shall deliver to the Robley Rex VAMC the licensed programs in machine readable object code form and support materials sufficient for Robley Rex VAMC s exercise of its rights under this license. This software license shall remain in full force and effect at no charge for the term of this contract provided the Robley Rex VAMC complies with the terms and conditions of this contract. Upon termination, for any reason, Robley Rex VAMC shall promptly return the software together with all its copies, modifications, and merged portions in any form to the contractor. The Robley Rex VAMC may not copy, reproduce, sublicense, assign or transfer this license or the software or remove any copyright or other proprietary notices form the licensed software. Any attempt to sublicense, assign, or transfer any of the rights, duties or obligations hereunder is expressly prohibited. The licensed software and all its intellectual property rights, including without limitation, patent, trademark, copyright and trade secret rights in the licensed software are and shall be the property solely of the contractor. The contractor does not warrant that the functions contained in the software will meet Robley Rex VAMC requirements or that the operation of the software will be uninterrupted or error free. The contractor warrants the disk on which the software is furnished, to be free from defects in materials and workmanship under normal use for the period of ninety days from date of delivery to the Robley Rex VAMC as evidenced by a copy of the receipt. The contractor makes no other warranties with regard to the software. The contractor expressly and specifically disclaims any warranty of merchantability or fitness for a particular purpose. The contractor entire liability and Robley Rex VAMC s exclusive remedy shall be: (a) the replacement of any disk not meeting the contractor s limited warranty and which is returned to the contractor within 90 days of the date of delivery; or (b) if the contractor is unable to deliver a replacement disk which is free of defects in materials or workmanship. The Robley Rex VAMC may terminate this agreement by returning the software to the contractor. In no event will the contractor be liable to the Robley Rex VAMC for any damages including and lost profits, lost savings, or other incidental or consequential damages arising out of the use, or inability to use such software or for any claim by any other party. II. TERM OF CONTRACT This contract is effective for the base period October 1, 2019 thru September 30, 2020 with four Option Years. The option to extend for additional periods (if required) will be at the discretion of the Government. This contract is subject to the availability of VA funds. III. DEFINITIONS Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the definitions and other sections of this contract, the language in this section shall govern. 1. Contracting Officer (CO) - The person executing this contract on behalf of the Government with the authority to enter into and administer contracts and make related determinations and findings. 2. Contracting Officer s Technical Representative (COR) - A person appointed by the CO to take necessary action to ensure the contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken. 3. Veterans Health Administration (VHA) - The central office for administration of the VA medical centers throughout the United States. The VHA is located in Washington, DC. 4. Veterans Integrated Services Network (VISN) - The regional oversight for the VA Medical Centers in Memphis, TN, Tennessee Valley Healthcare System (Murfreesboro and Nashville), Louisville, KY, Lexington, KY, Huntington, West Virginia and Mt. Home, TN. The VISN office is located at 1801 West End Avenue, Suite 1100, Nashville, TN 37203. IV. QUALITY REQUIREMENTS Contractor shall guarantee the quality of the radiopharmaceutical. Quality Control (QC) shall include pH testing, percent tag, alumina and 99Mo breakthrough as appropriate. Quality Control shall be performed on each agent dispensed. Complete documentation of QC results will be provided upon request. All radiopharmaceuticals shall be calibrated and labeled with concentration, time, total volume, and total activity. Consultation service regarding radiopharmaceutical applications, problems, controls, etc. shall be provided upon request at no charge. On an annual basis, the Contractor will provide documentation demonstrating compliance with NRC requirements to the Radiation Safety Officer. V. KEY PERSONNEL 1. The Contractor will designate one person who can be contacted for any problems or issues that arise in the performance of this contract to the Robley Rex VAMC with a phone number. The Robley Rex VAMC will also designate a contact person. 2. The contractor must identify key personnel proposed to provide the required services and their qualifications upon award of contract and on an annual basis thereafter. The contractor cannot change key personnel without VAMC approval. VI. PATIENT RIGHTS AND SAFETY The Robley Rex VAMC is not responsible or liable for any unsafe condition caused by the Contractor or Veteran. The Contractor will have evidence of implementation of the Joint Commission National Patient Safety Goals as applicable. VII. CONTINUUM OF CARE Individual radiopharmaceuticals will be provided in unit dose form and will be delivered at the request of the Robley Rex VAMC. SCHEDULE: All interested parties shall provide a Brand Name or Equal quotation for the following: The quantities are the estimated for a 12-month period. Base Year: Period of Service October 1, 2019 September 30, 2020 CLIN # Description Unit Annual Estimated Quantity Base Period Unit Price 0001 C-14 Urea Breath Test Kit EA 2 0002 Co-57 Flood Source 10 mCi EA 1 0003 Co-57 20 mCi Flood Source EA 1 0004 I-123 NaI (100 uCi Capsule) EA 6 0005 I-123 NaI (200 uCi Capsule) EA 30 0006 I-123 NaI (2-4 mCi) EA 10 0007 I-131 NaI (10-200mCi) EA 10 0008 In-111 Octreoscan EA 1 0009 In-111 WBC EA 3 0010 In-111 WBC Setup Kit EA 4 0011 In-111 DTPA Cisternogram EA 2 0012 Tc-99m Sestamibi EA 3000 0013 Tc-99m Ceretec HMPAO EA 4 0014 Tc-99m Ceretec WBC EA 6 0015 Tc-99m Choletec EA 50 0016 Tc-99m DSMA EA 2 0017 Tc-99m DTPA Aerosol EA 110 0018 Tc-99m DTPA EA 1 0019 Tc-99m MAA EA 120 0020 Tc-99m MDP EA 250 0021 Tc-99m Mag3 EA 15 0022 Tc-99m Pertechnetate EA 10 0023 Tc-99m Sulfur Colloid (unfiltered) EA 80 0024 Tc-99m Sulfur Colloid (Filtered) EA 10 0025 Sm-153 Quadramet (1mCi/Kg) EA 1 0026 Tl-201 Thallous Ch2oride (2-4.5 mCi) EA 4 0027 PYP in Saline EA 2 0028 PYP Vial EA 4 0029 Ultra-Tag Kit EA 10 0030 Pharmacy Charge (after hours) EA 20 0031 Tc-99m Linearity Source EA 8 0032 FDG-18 up to 15 mCi EA 600 0033 Ba-133-250 uCi Dose Calibrator Reference Source EA 1 0034 Germanium-68 Annlus Sealed Source for Pet/CT GE Discovery MI EA 1 0035 Co-57-200 uCi Dose Calibrator Reference Source EA 1 Total Estimated Contract Price (Base Year): $_________________ Option Year #1: Period of Service October 1, 2020 September 30, 2021 CLIN # Description Unit Annual Estimated Quantity Base Period Unit Price 1001 C-14 Urea Breath Test Kit EA 1 1002 Co-57 Flood Source 10 mCi EA 1 1003 Co-57 Flood Source 20 mCi 1 1004 Ga-68 Dotate EA 35 1005 I-123 NaI (100 uCi Capsule) EA 6 1006 I-123 NaI (200 uCi Capsule) EA 30 1007 I-123 NaI (2-4 mCi) EA 10 1008 I-131 NaI (10-200mCi) EA 10 1009 In-111 Octreoscan EA 1 1010 In-111 WBC EA 3 1011 In-111 WBC Setup Kit EA 4 1012 In-111 DTPA Cisternogram EA 2 1013 Tc-99m Sestamibi EA 3000 1014 Tc-99m Ceretec HMPAO EA 4 1015 Tc-99m Ceretec WBC EA 6 1016 Tc-99m Choletec EA 50 1017 Tc-99m DSMA EA 2 1018 Tc-99m DTPA Aerosol EA 110 1019 Tc-99m DTPA EA 1 1020 Tc-99m MAA EA 120 1021 Tc-99m MDP EA 250 1022 Tc-99m Mag3 EA 15 1023 Tc-99m Pertechnetate EA 10 1024 Tc-99m Sulfur Colloid (unfiltered) EA 80 1025 Tc-99m Sulfur Colloid (Filtered) EA 10 1026 Sm-153 Quadramet (1mCi/Kg) EA 1 1027 Tl-201 Thallous Ch2oride (2-4.5 mCi) EA 4 1028 PYP in Saline EA 2 1029 PYP Vial EA 4 1030 Ultra-Tag Kit EA 10 1031 Pharmacy Charge (after hours) EA 20 1032 Tc-99m Linearity Source EA 8 1033 FDG-18 up to 15 mCi EA 600 1034 FDG-18 Linearity Source EA 4 1035 Germanium-68 Sealed Source for Pet/CT (Unit) EA 2 Total Estimated Contract Price (Option Year #1): $_________________ Option Year #2: Period of Service October 1, 2021 September 30, 2022 CLIN # Description Unit Annual Estimated Quantity Base Period Unit Price 2001 C-14 Urea Breath Test Kit EA 2 2002 Co-57 Flood Source 10 mCi EA 2 2003 Co-57 Flood Source 20 mCi 2004 Ga-68 Dotate EA 35 2005 I-123 NaI (100 uCi Capsule) EA 6 2006 I-123 NaI (200 uCi Capsule) EA 30 2007 I-123 NaI (2-4 mCi) EA 10 2008 I-131 NaI (10-200mCi) EA 10 2009 In-111 Octreoscan EA 1 2010 In-111 WBC EA 3 2011 In-111 WBC Setup Kit EA 4 2012 In-111 DTPA Cisternogram EA 2 2013 Tc-99m Sestamibi EA 3000 2014 Tc-99m Ceretec HMPAO EA 4 2015 Tc-99m Ceretec WBC EA 6 2016 Tc-99m Choletec EA 50 2017 Tc-99m DSMA EA 2 2018 Tc-99m DTPA Aerosol EA 110 2019 Tc-99m DTPA EA 1 2020 Tc-99m MAA EA 120 2021 Tc-99m MDP EA 250 2022 Tc-99m Mag3 EA 15 2023 Tc-99m Pertechnetate EA 10 2024 Tc-99m Sulfur Colloid (unfiltered) EA 80 2025 Tc-99m Sulfur Colloid (Filtered) EA 10 2026 Sm-153 Quadramet (1mCi/Kg) EA 1 2027 Tl-201 Thallous Ch2oride (2-4.5 mCi) EA 4 2028 PYP in Saline EA 2 2029 PYP Vial EA 4 2030 Ultra-Tag Kit EA 10 2031 Pharmacy Charge (after hours) EA 20 2032 Tc-99m Linearity Source EA 8 2033 FDG-18 up to 15 mCi EA 600 2034 FDG-18 Linearity Source EA 4 2035 Germanium-68 Sealed Source for Pet/CT (Unit) EA 2 Total Estimated Contract Price (Option Year #2): $_________________ Option Year #3: Period of Service October 1, 2022 September 30, 2023 CLIN # Description Unit Annual Estimated Quantity Base Period Unit Price 3001 C-14 Urea Breath Test Kit EA 2 3002 Co-57 Flood Source 10 mCi EA 2 3003 Co-57 Flood Source 20 mCi 3004 Ga-68 Dotate EA 35 3005 I-123 NaI (100 uCi Capsule) EA 6 3006 I-123 NaI (200 uCi Capsule) EA 30 3007 I-123 NaI (2-4 mCi) EA 10 3008 I-131 NaI (10-200mCi) EA 10 3009 In-111 Octreoscan EA 1 3010 In-111 WBC EA 3 3011 In-111 WBC Setup Kit EA 4 3012 In-111 DTPA Cisternogram EA 2 3013 Tc-99m Sestamibi EA 3000 3014 Tc-99m Ceretec HMPAO EA 4 3015 Tc-99m Ceretec WBC EA 6 3016 Tc-99m Choletec EA 50 3017 Tc-99m DSMA EA 2 3018 Tc-99m DTPA Aerosol EA 110 3019 Tc-99m DTPA EA 1 3020 Tc-99m MAA EA 120 3021 Tc-99m MDP EA 250 3022 Tc-99m Mag3 EA 15 3023 Tc-99m Pertechnetate EA 10 3024 Tc-99m Sulfur Colloid (unfiltered) EA 80 3025 Tc-99m Sulfur Colloid (Filtered) EA 10 3026 Sm-153 Quadramet (1mCi/Kg) EA 1 3027 Tl-201 Thallous Ch2oride (2-4.5 mCi) EA 4 3028 PYP in Saline EA 2 3029 PYP Vial EA 4 3030 Ultra-Tag Kit EA 10 3031 Pharmacy Charge (after hours) EA 20 3032 Tc-99m Linearity Source EA 8 3033 FDG-18 up to 15 mCi EA 600 3034 FDG-18 Linearity Source EA 4 3035 Germanium-68 Sealed Source for Pet/CT (Unit) EA 2 Total Estimated Contract Price (Option Year #3): $_________________ Option Year #4: Period of Service October 1, 2023 September 30, 2024 CLIN # Description Unit Annual Estimated Quantity Base Period Unit Price 4001 C-14 Urea Breath Test Kit EA 2 4002 Co-57 Flood Source 10 mCi EA 1 4003 Co-57 Flood Source 20 mCi 1 4004 Ga-68 Dotate EA 35 4005 I-123 NaI (100 uCi Capsule) EA 6 4006 I-123 NaI (200 uCi Capsule) EA 30 4007 I-123 NaI (2-4 mCi) EA 10 4008 I-131 NaI (10-200mCi) EA 10 4009 In-111 Octreoscan EA 1 4010 In-111 WBC EA 3 4011 In-111 WBC Setup Kit EA 4 4012 In-111 DTPA Cisternogram EA 2 4013 Tc-99m Sestamibi EA 3000 4014 Tc-99m Ceretec HMPAO EA 4 4015 Tc-99m Ceretec WBC EA 6 4016 Tc-99m Choletec EA 50 4017 Tc-99m DSMA EA 2 4018 Tc-99m DTPA Aerosol EA 110 4019 Tc-99m DTPA EA 1 4020 Tc-99m MAA EA 120 4021 Tc-99m MDP EA 250 4022 Tc-99m Mag3 EA 15 4023 Tc-99m Pertechnetate EA 10 4024 Tc-99m Sulfur Colloid (unfiltered) EA 80 4025 Tc-99m Sulfur Colloid (Filtered) EA 10 4026 Sm-153 Quadramet (1mCi/Kg) EA 1 4027 Tl-201 Thallous Ch2oride (2-4.5 mCi) EA 4 4028 PYP in Saline EA 2 4029 PYP Vial EA 4 4030 Ultra-Tag Kit EA 10 4031 Pharmacy Charge (after hours) EA 20 4032 Tc-99m Linearity Source EA 8 4033 FDG-18 up to 15 mCi EA 600 4034 FDG-18 Linearity Source EA 4 4035 Germanium-68 Sealed Source for Pet/CT (Unit) EA 2 Total Estimated Contract Price (Option Year #4): $_________________ EVALUATION OF QUOTES: Award shall be made to the vendor whose quotation offers the best value to the government, considering technical acceptability, past performance, and price. In accordance with FAR 13.106-2(b)(3), the government will evaluate information based on the Comparative Evaluation process, by comparing one quotation with another in a uniform and fair manner to determine which quote provides the government what it needs, where and when as identified herein. Once one quote is determined acceptable, that quote will then be compared side by side to the remaining quotes; the best quote will then be chosen. QUOTE FORMAT AND SUBMISSION REQUIREMENTS: Offerors shall provide only one quote. Quote should be emailed to crystal.baird@va.gov NLT 08/07/2019 at 8:00 AM CST. Non-compliance with this requirement may result in disqualification of the quote. All vendors must be registered and complete all entries in the System for Award Management (SAM) to be considered for award. Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM All Quote submissions must list your DUNS number, CAGE code, and Federal TIN with Company name, POC, and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit www.sam.gov. Lack of registration in the SAM database will make an offeror ineligible for award. The government intends to award a contract as a result of this RFQ that will include the terms and conditions set forth herein. To facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the RFQ are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the RFQ are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Offeror shall list exception(s) and rationale for the exception(s). 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. CLAUSES/PROVISIONS: 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. The following clause apply to this acquisition: 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/ FAR Title Date 52.203-17 52.204-4 52.204-10 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS PRINTED OR COPIED DOUBLE SIDED ON POSTCONSUMER FIBER CONTENT PAPER REPORTING EXECUTIVE COMPENSATION AND FIRST TIER SUBCONTRACT AWARDS APR 2014 MAY2011 OCT 2018 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT OCT 2015 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS OCT 2018 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS OCT 2018 52.219-13 NOTICE OF SET-ASIDE ORDERS NOV 2011 52.222-3 52.222-19 CONVICT LABOR CHILD LABOR JUN 2003 JAN 2018 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL 2014 52.222-50 COMBATING TRAFFICKING IN PERSONS MAR 2015 52.222-54 52.223-18 EMPLOYMENT ELIGIBILITY VERIFICATION ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING OCT 2015 AUG 2011 52.225-3 BUY AMERICAN-FREE TRADE AGREEMENTS MAY 2014 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008 52-232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT OCT 2018 52-232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of Clause) 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 66 months. (End of Clause) 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 9/30/2019. The Government s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/302019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause) VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. (End of Clause) VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018) The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per all CLIN s. Contracting Officer insert CLIN information]. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required. (End of Clause) VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION) (a) 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 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Kentucky. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clause) VAAR 852.246-71 REJECTED GOODS (OCT 2018) (a) Supplies and equipment. Rejected goods will be held subject to Contractor s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor's address at the Contractor s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor. (b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products. (End of Clause) The following provisions apply to this solicitation: 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 http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR Title Date 52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JULY 2016 52.211-6 BRAND NAME OR EQUAL AUG 1999 52.212-1 INSTRUCTIONS TO OFFERORS OCT 2018 52.217-5 EVALUATION OF OPTIONS JULY 1990 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (OCT 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision. (b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201). [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (End of Provision) 52.233-2 SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from Monica Thompson, Contracting Officer. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) (a) Any protest filed by an interested party shall (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. (End of Provision) VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) (a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420 or Email: EDProtests@va.gov. (b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer. (End of Provision) VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee s authority. A copy of the designation shall be furnished to the contractor. (End of Provision) NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (22-JUL-2019); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or fbo.support@gsa.gov REGARDING THIS ISSUE.
- Web Link
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Link To Document
(https://www.fbo.gov/spg/VA/NaVAMC/VAMCCO80220/36C24919Q0406/listing.html)
- Place of Performance
- Address: Robley Rex VA Medical Center;800 Zorn Avenue;Louisville, KY
- Zip Code: 40206
- Country: United States
- Zip Code: 40206
- Record
- SN05377264-F 20190724/190722230034 (fbodaily.com)
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