Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF JULY 21, 2024 SAM #8272
SOLICITATION NOTICE

65 -- 614-24-4-560-0340 Pillcam Endoscopy System Emergency Requirement

Notice Date

7/19/2024 7:51:26 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

339112 — Surgical and Medical Instrument Manufacturing
 

Contracting Office

249-NETWORK CONTRACT OFFICE 9 (36C249) MURFREESBORO TN 37129 USA
 

ZIP Code

37129
 

Solicitation Number

36C24924Q0365
 

Response Due

7/25/2024 11:00:00 AM
 

Archive Date

08/24/2024
 

Point of Contact

John E. McDaniel, Contract Specialist, Phone: 615-225-6788
 

E-Mail Address

John.McDaniel1@va.gov
(John.McDaniel1@va.gov)
 

Small Business Set-Aside

SBA Total Small Business Set-Aside (FAR 19.5)
 

Awardee

null
 

Description

Combined Synopsis-Solicitation for Commercial Products and Commercial Services Page 2 of 2 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 an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05, Effective 05/22/2024. This solicitation is set-aside for Small Business. The associated North American Industrial Classification System (NAICS) code for this procurement is 339112 Surgical and Medical Instrument Manufacturing, with a small business size standard of 1,000 employees. The FSC/PSC is 6515 Medical and Surgical Instruments, Equipment, and Supplies. The Lt. Col. Luke Weathers, Jr. Veterans Affairs Medical Center (VAMC) is seeking to an emergency purchase of the following items. All interested small business companies shall provide quotations for the following: Supplies/Services Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 FGS-0347 PILLCAM RECORDER DR3 X1 Freight FOB Destination to Lt. Col. Luke Weathers, Jr., Memphis, TN 2 EA 0002 FGS-0590 PILCAMSENSOR BELT MS SB 2 EA 0003 FGS-0355 PILLCAM REORDER CRADLE DR3X1 2 EA 0004 FGS-0362 PILLCAM REORDER ACCESSORIESDR3 2 EA 0005 FGS-0591 PILLCAM SENSOR ARRAY MS 1 EA 0006 FGS-0453 PILCAM SENSOR SLEEVES 10-PACK 1 EA 0007 FGS-0612 SOFTWARE PILLCAM V9 US 1 EA 0008 FGS-0499 PILLCAM SB 3-EX CAPSULE 10-PK 1 EA 0009 80251 PILLCAM REORDER 3 YEAR SVC PLAN 1 EA 0010 80256 PILLCAM RECORDER 3 YR SVC PLAN ADDL 1 EA 0011 FGS-0672 LAPTOP GIFD WIN 10 NO SW 1 EA Total Are you the Original Equipment Manufacturer (OEM)? If not, please provide the authorized distributor letter with quote. Salient characteristics are those characteristics that make an equal to the brand name we specify. Specifically, salient characteristics are those characteristics of the Covidien Sales LLC s items that the VA needs. Salient Characteristics Recorder system must have capability to receive signal from recording, ingestible capsules. The Recorder system must come with a sensor belt that can be worn by the patient. The Recorder system must have a digital display screen. The Recorder system must have the ability for real-time viewing of the paired recording capsule. The Recorder system must have the ability to take video and still images. The Recorder system must have the ability to print full color still images. The Recorder system must indicate when a recording capsule is paired with the recorder. The Recorder system must include a rechargeable Lithium-Ion battery. The Recorder system must include the ability to delete patient information from stored memory. The Recorder system must have the ability to prevent unintentional transmissions. The Recorder system must have the ability to capture up to 35 frames per second of data. The Recorder system must Produce quality images with a quick capture rate to provide better diagnosis and detect GI abnormalities. Delivery shall be provided 30 days after receipt of order (ARO) and FOB Destination. Place of Delivery: Address: Lt. Col. Luke Weathers, Jr. VAMC 116 North Pauline Street Memphis, TN Postal Code: Country: 38105-2127 United States Statement of Work 1. GENERAL: Contractor shall provide all labor, material, tools, parts, equipment, operating and/or Technical/maintenance manuals, training, delivery, and accessories necessary to furnish and install the TabloCart. The PillCam SB 3 capsule endoscopy system is a minimally invasive ingestible camera in a capsule that allows visualization of the small bowel. This is a request for the PillCam that will not connect to the network but will store PHI/PII. The device will be used in the GI Lab. ""The Authorization requirements do apply, and that a Security Accreditation Package is required."" EQUIPMENT/SERVICE IDENTIFICATION IS AS FOLLOWS: 2- FGS-0347 PILLCAM RECORDER DR3 X1 2- FGS-0590 PILLCAM SENSOR BELT MS SB 2- FGS-0355 PILLCAM RECORDER CRADLE DR3XI 2- FGS-0362 PILLCAM RECORDER ACCESSORIESDR3 1- FGS-0591 PILLCAM SENSOR ARRAY MS 1- FGS-0453 PILLCAM SENSOR SLEEVES 10-PACK 1- FGS 0612 SOFTWARE PILLCAM V9 US 1- FGS 0499 PILLCAM SB 3-EX CAPSULE 10-PK 1-80251 PILLCAM RECORDER 3 YEAR SVC PLAN 1-80256 PILLCAM RECORDER 3YR SVC PLAN ADDL RE FGS-0672 LAPTOP GIFD WIN 10 NO SW II. DEFINITIONS/ACRONYMS: A. CO - Contracting Officer B. COTR - Contracting Officer's Technical Representative C. Contractor and/or Supplier/Installer - Company performing work under this contract. D. NFPA - National Fire Protection Association. E. VAMC - Department of Veterans Affairs Medical Center F. JACHO - Joint Commission on Accreditation Of Healthcare Organizations G. FSE - Field Service Engineer/Technician H. UL -Underwriters Laboratories I. OSHA Occupational, Safety and Health Administration K. OEM Original Equipment Manufacturer III. EQUIPMENT REQUIREMENTS: 1. Specifications of component equipment as set forth in this section are minimum specifications, unless otherwise stated, and shall not be construed as limiting the overall quality, quantity or performance characteristics of items furnished in the system. The Contractor Furnished Equipment (CFE) shall meet or exceed the minimum requirements and contractor shall be held responsible for the supply, performance and overall quality of the contractor s furnished equipment. 2. All equipment to be supplied under this specification shall be new and the current model of a standard product of a manufacturer of record. A manufacturer of record shall be defined as a company whose main occupation is the manufacturer for sale and lease of the items of equipment and which: a) Maintains a factory production line. b) Maintains a stock of replacement parts for the item. c) Maintains engineering drawings, specifications, operating manuals, and maintenance manuals. d) Has published and distributed descriptive literature and equipment specifications on the equipment. 3. Contractor shall configure the system proposed to meet those functional requirements. The list of equipment provided shall not be considered all-inclusive but shall serve as a guide for developing a complete system. IV. INSTALLATION: It is agreed upon and understood that the contractor will do a complete installation of the equipment. V. TESTING AND CERTIFICATION Upon completing installation of the system, the BioMed shall pretest the entire system. After pretesting the system, BioMed shall notify the COTR that the system is ready for acceptance testing, and that it meets all requirements as specified. VI. ACCEPTANCE TESTING The system shall be tested, in the presence of the COTR for proof-of-performance. Acceptance Testing shall be performed at a mutually agreed upon date and time. VII. TRAINING: Contractor shall provide training on the use and operations of the equipment. Cost for training is included in the contract price and shall be conducted at the facility at the discretion of the COTR. Training shall include on-site orientation and training of using personnel in operation and care of the equipment furnished, as well as an actual demonstration of the operation of the equipment. Contractor shall provide guidance on completing any adjustments or other actions which may be undertaken by operating personnel in the event of failure of equipment, provided that such adjustment or action will in no way jeopardize the Government's rights under contract guarantee clause. Only qualified Contractor s personnel will give this training. VIII. HOURS OF OPERATION: 1. Normal hours of operations at the Memphis VAMC are Monday through Friday from 8:00 am to 4:30 pm, excluding holidays. All work will be performed during normal hours of coverage unless requested or approved by COTR or his designee. 2. Federal Holidays observed by the VAMC are: New Years' Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Juneteenth Independence Day Christmas Day IX. GUARANTEE/WARRANTY: The Contractor warrants that the system will be free from defects from materials and workmanship under normal use for a period of not less than one (1) year for equipment defined herein. Contractor will replace or repair equipment if necessary to the satisfaction of the Government. Contractor shall provide a copy of the written warranty upon delivery of the equipment. X. RESPONSE TIME FOR EMERGENCY REAPIR SERVICE AND/OR WARRANTY REPAIRS: 1. The COTR or designated alternate is the Contractor s reporting and contact official for all service calls required. 2. Warranty repairs shall be completed during normal operating hours. 3. Response Time: Contractor's FSE must respond with a phone call to the COTR or his/her designee within one (1) hour after receipt of telephoned notification. If the problem cannot be corrected by phone, the FSE will commence work (on-site physical response) without within twenty-four (24) hours of receipt of the first notification or as approved by the COTR. All required repairs shall commence without undue delay. XI. CONFORMANCE STANDARDS: All work shall be performed, and equipment shall function in conformance with all VA safety standards, manufacturer's/industry standards, the latest published edition of NFPA 99, FDA, OSHA, JCAHO, ISO 9000, UL and other applicable state, local, national and industry standards. Equipment meets EMS (Electromagnetic Compatibility) for EIC 601-1-2 CE, CSA, ETL Approved to U.L. 2601-1, second edition. 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 52.212-1, Instructions to Offerors Commercial Products and Commercial Services (Sep 2023) FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services (Nov 2023) 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. The following contract clauses apply to this acquisition: 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 (Jan 2024) VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018) VAAR 852.247-73 Packing for Domestic Shipment (Oct 2018) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115 91). (3) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115 232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232 40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [] (1) 52.203 6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). [] (2) 52.203 13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). [] (3) 52.203 15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.203 17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community see FAR 3.900(a). [X] (5) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109 282) (31 U.S.C. 6101 note). [] (6) [Reserved] [] (7) 52.204 14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [] (8) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). [X] (9) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 328). [] (10) 52.204 28, Federal Acquisition Supply Chain Security Act Orders Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115 390, title II). [X] (11)(i) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) (Pub. L. 115 390, title II). [] (ii) Alternate I (DEC 2023) of 52.204 30. [X] (12) 52.209 6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note). [] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). [] (14) [Reserved] [] (15) 52.219 3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). [] (16) 52.219 4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (17) [Reserved] [X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-6. [] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-7. [] (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)). [] (21)(i) 52.219 9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9. [] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (JUN 2020) of 52.219 9. [] (v) Alternate IV (SEP 2023) of 52.219 9. [] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [] (ii) Alternate I (MAR 2020) of 52.219-13. [] (23) 52.219 14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s). [] (24) 52.219-16, Liquidated Damages Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). [] (25) 52.219 27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f). [X] (26) (i) 52.219 28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)). [] (ii) Alternate I (MAR 2020) of 52.219 28. [] (27) 52.219 29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)). [] (28) 52.219 30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)). [] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). [] (30) l(26) 52.219 33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). [] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [X] (32) 52.222 19, Child Labor Cooperation with Authorities and Remedies (NOV 2023) (DEVIATION) (JAN 2024) (E.O. 13126). [X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (34)(i) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (FEB 1999) of 52.222-26. [] (35)(i) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [] (ii) Alternate I (JUL 2014) of 52.222-35. [X] (36)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [] (ii) Alternate I (JUL 2014) of 52.222-36. [] (37) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) [] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). [] (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (48) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). [] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693). [] (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [X] (52)(i) 52.225-1, Buy American Supplies (OCT 2022) (41 U.S.C. chapter 83). [] (ii) Alternate I (OCT 2022) of 52.225 1. [] (53)(i) 52.225-3, Buy American Free Trade Agreements Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I [Reserved]. [] (iii) Alternate II (DEC 2022) of 52.225-3. [] (iv) Alternate III (NOV 2023) of 52.225-3. [] (v) Alternate IV (OCT 2022) of 52.225-3. [] (54) 52.225 5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (56) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). [] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). [] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). [] (59) 52.229 12, Tax on Certain Foreign Procurements (FEB 2021). [] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). [] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). [X] (62) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332). [] (63) 52.232-34, Payment by Electronic Funds Transfer Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). [X] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). [] (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). [] (ii) Alternate I (APR 2003) of 52.247-64. [] (iii) Alternate II (NOV 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). [] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). [] (9) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause (i) 52.203 13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (ii) 52.203 17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712). (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv) 52.204 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115 91). (v) 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115 232). (vi) 52.204 27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117 328). (vii) (A) 52.204 30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) (Pub. L. 115 390, title II). (B) Alternate I (DEC 2023) of 52.204 30. (viii) 52.219 8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities. (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222 26, Equal Opportunity (SEP 2016) (E.O. 11246). (xi) 52.222 35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (xii) 52.222 36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xiii) 52.222 37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67). (xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67). (xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxiii) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxiv) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxv) 52.232 40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232 40. (xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) All quoters shall submitall the listed items above. Non-compliance to the listed items with this requirement may result in disqualification of the quote. a. Only one quote. Quote shall be on offeror s company letterhead, in PDF format and emailed to John. McDaniel1@va.gov NLT July 25, 2024, at 13:00 PM CT. The solicitation number 36C24924Q0365 must be referenced in the subject line. b. Product information brochure with specifications and user manual shall accompany quote. c. Offeror must submit certification that equipment meets the salient characteristics of listed above. Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. The following are the decision factors: (1) Technical or Quality (2) Delivery (After receipt of Order) (3) Price The award will be made to the response most advantageous to the Government. Responses should contain your best terms and conditions. 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): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/ (End of Provision) FAR Number Title Date 52.204-7 SYSTEM FOR AWA...
 

Web Link

SAM.gov Permalink
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Place of Performance

Address: Lt. Col. Luke Weathers, Jr. Veterans Affairs Medical Center (VAMC) 116 North Pauline Street, Memphis 38105-2127

Zip Code: 38105-2127
 

Record

SN07136370-F 20240721/240719230112 (samdaily.us)
 

Source

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