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Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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Combined Synopsis/Solicitation Notice
*= Required Field
Combined Synopsis/Solicitation Notice

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Request for Quote (RFQ) #: 36C25924Q0339
Eastern Oklahoma VA Health Care System - Drug Database Subscription

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.

* Questions will not be accepted due to the time constraints of this requirement.
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 Jonathan.Saiz@va.gov no later than 5:00pm MST, March 22, 2024.
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 36C25924Q0339. 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) 2024-02 effective January 22, 2024.

The North American Industrial Classification System (NAICS) code for this procurement is 513120 with a small business size standard of 1,000 employees. This solicitation will be set-aside SDVOSB.



List of Line Items;
Line Item
Description (Part Number)
Qty
Unit of Measure
Unit Price
Total Price
0001
Formulary and Drug Database Subscription, Online, Web-based only, IAW SOW. Non-personal, POP 04/01/2024 03/31/2025
12
MO
$
$
1001
Formulary and Drug Database Subscription, Online, Web-based only, IAW SOW. Non-personal, POP 04/01/2025 03/31/2026
12
MO
$
$
2001
Formulary and Drug Database Subscription, Online, Web-based only, IAW SOW. Non-personal, POP 04/01/2026 03/31/2027
12
MO
$
$
3001
Formulary and Drug Database Subscription, Online, Web-based only, IAW SOW. Non-personal, POP 04/01/2027 03/31/2028
12
MO
$
$
4001
Formulary and Drug Database Subscription, Online, Web-based only, IAW SOW. Non-personal, POP 04/01/2028 03/31/2029
12
MO
$
$


Grand Total
$
Description of Requirements for the items to be acquired:

*Cut sheets and specification sheets proving the offered product meets all testing specifications and salient characteristics shall be included with the quote
*Quotes shall be accompanied by an authorized distributor letter from the manufacturer/publisher of the items being offered.
* VAAR 852.219-75 on pages 18 20 shall be completed, signed and returned with your quote.
*Failure to meet the salient characteristics above will result in the offeror s quote not being considered for award



Statement of Work
Department of Veterans Affairs
Veterans Health Administration
Eastern Oklahoma VA Health Care System
Drug Database Subscription
A. General Information
1.0 Introduction:
The Department of Veterans Affairs (DVA), Veterans Health Administration (VHA), Eastern Oklahoma VA Health Care System(EOVAHCS) requires online access to a commercial, off-the-shelf, drug database subscription (DDB) that will be made available throughout the health care system. This database will serve to assist health care providers in their clinical decision making and drug information needs at the point of care.

2.0 Background:
a. The EOVAHCS, which includes the Jack C. Montgomery VA Medical Center and affiliated Community Based Outpatient Clinics, requires online web access to searchable medical and drug references for retrieval of current, authoritative, and evidence-based medical and drug information for health care providers and patients.

b. Electronic medical references reduce the need for multiple individual hard copies of expensive print resources and allow for cross searching multiple clinical information resources. This method provides a more efficient manner of retrieving medically necessary information to meet the clinical mission of providing quality care to Veterans within the EOVAHCS Network.

c. Health care providers need these online tools to be available on VA networked and non-VA networked computers, both onsite and offsite, as well as on mobile devices, to have health information available to provide care for patients.

d. This resource must provide patient health information that is printable and suitable in reading level and content for Veteran patients and their families, that can be provided to Veteran patients, their family members and caregivers.
All VA Medical Centers have access to nationally purchased databases and resources that are made available through the VA Library Network Office (LNO). These databases include already subscribed content from: UptoDate, Lexicomp for Dentistry, and Visual DX. The DDB database required in this statement of work is to complement these resources. UptoDate is a point of care tool used extensively by providers. The drug resource and UptoDate together allow clinicians to look up information about diagnoses and access medication information for treatment.

The EOVAHCS is seeking a solution meeting or exceeding the capabilities of:
Wolters Kluwer Lexicomp online

3.0 Scope of Work:
a. The contractor shall provide all resources necessary to meet the requirements described in this statement of work for an online, commercial, off-the-shelf, drug database subscription (DDB).

b. The contractor shall provide 24/7, simultaneous-user, online web access to the DDB subscription as stated herein for staff at facilities in the EOVAHCS (via IP), to their mobile devices (via Apps or mobile websites), or to their remote work areas. Remote access must include access via an offsite access system (such as LibLynx), and mobile platforms including various popular hand-held devices, for all healthcare providers across the Department of Veterans Affairs (DVA).

c. Monthly usage reports shall be provided.

d. Updates to the DDB shall be included automatically with no additional cost.
4.0 Performance Period:

One (1) year from date of award, plus four (4) one (1) year option periods to be exercised at the discretion of the Government.

5.0 Required DDB Subscription Requirements and Salient Characteristics:

The contractor shall provide a DDB Subscription which addresses the following requirements and salient characteristics:

a) Provides up-to-date drug information [prescription, over the counter (OTC), alternative medicine];

b) Determines dosing, side effects/adverse events, and interactions, both drug-drug and drug-food; drug-OTC, drug-alternative medicine

c) Provides full-text databases on chemical, pharmaceutical, and related biological substances used in clinical patient care;

d) Includes drug reviews, guidelines, clinical reviews, and information from package inserts and drug texts;

e) Contains clinical calculators

f) Provides access to Black-Box warnings;

g) Provides drug formulary information;

h) Contains a clinical teaching section to assist in communicating information to patients;

i) Provides comparison tables to compare drugs within a class for features like half-life or other valuable information;

j) Comprehensive medication monographs which include information regarding FDA and non-FDA indications, with literature citations for the evidence base;

k) Summaries of clinically relevant primary literature within the resource (more than just a reference to a source;

l) Provide primary literature references and summary data in the resource for comparative efficacy and off-label indications;

m) Contain references to abstracts, tertiary electronic sources and full text articles;

n) Provide a uniform search tool and user interface throughout the product;

o) Updated on a daily basis by a review board of allied health professionals; contains a date of last review/update for each section;

p) Provides content on acute care, alternative medicine, drug information, toxicology, teratogenic medications, patient education, and occupational health and safety including material safety data sheets;

q) Ability to "brand" both web and printed materials with practice site logos and contact information;

r) Provide drug assessments to the user based on manufacturer monographs and peer reviews of primary literature;

s) Provide references to primary literature to support recommendations and/or indications for therapy.

t) Provides side-by-side comparative drug evaluations with primary literature summaries to allow time effective comparison of more than one agent with one search. Includes concise reviews of trials or case reports including key characteristics of study design such (number of patients, p-values, population included);

u) Provide users with a multitude of web-based calculators designed to meet the needs of all healthcare providers;

v) Comprehensive information available about drug use in special populations including renal impairment, hepatic impairment, geriatrics, dialysis, obesity and other relevant disease states that will vary by drug;

w) Provide consumer appropriate printable health information on medications, procedures, and disease states. This health information should be available in at least English and Spanish languages;

x) Provide a drug interaction tool that can enter multiple drugs and allergies for a given patient with output of entry that includes drug-drug, drug-allergy, drug-ethanol, drug-lab, drug-food, drug-tobacco, drug-pregnancy and drug-lactation interactions;

y) Drug Interaction tool will provide severity of interaction;
Adverse drug reactions will include percentages of patients affected by the interaction where available and include case reports;

z) Provide a tool for medication identification based on any information available to the provider (i.e. color, imprint, formulation, etc.);

aa) Provide administration with tracking tools to include stats on particular components used by the organization;

bb) Exportable to an iPhone, blackberry, iPad or android device for point of care decisions;

cc) Provide an IV compatibility database that is comprehensive, searchable, and which may be drilled to obtain more information or references;

dd) Provide pharmacy compounding stability information;

ee) Components of the clinical topic review for drug information shall include the following fields:

a. Medical Safety Issues/Alerts.
b. Brand Names.
c. Pharmacologic Category.
d. Dosing (Adults, Elderly, Pediatric, etc.) and Forms (capsule, tablet, liquid, etc.).
e. Generic Alternative availability.
f. Administration, Use, Contraindications, Warnings/Precautions.
g. Specific Populations (Pregnancy Risk Factor/Lactation/Breast Feeding, Pediatric, Geriatric, etc.).
h. Dietary Considerations.
i. Mechanism of Action.
j. Metabolism/Interactions.
k. Pharmacodynamics/Kinetics.
l. References section.
m. Graphics (figures, pictures, graphics, tables, etc.) integrated into record/review that can be printed or exported.
n. Hyperlinks to related record/review topics.

ff) The contractor shall provide users an intuitive navigation interface for searching, navigating, and reading through database content and the results of a database search; and,

gg) Poison control information including antidote and supportive care recommendations.

6.0 Users shall be able to:

1. Enter a search phrase consisting of one or more terms or select a term from drop down menu of potential matches after typing the first few characters of the term.

2. Enter names of diseases, symptoms, laboratory abnormalities, procedures, drugs, classes of drugs, etc. to retrieve topical reviews.

3. Enter common synonyms, abbreviations, and acronyms that will be mapped to the appropriate topical review(s) in display results.

4. Search for drug information and retrieve topic reviews containing information about the drug.

5. Search for drug information by retrieving the drug record.

6. Search for drug interactions by entering drug name to display a complete list of interactions for the drug.

7. Choose and use medical specialty calculators interactively by entering required values/units of information to determine mathematical calculation.

8. Sort search results for display through the use of categorization options such as adult, pediatric, etc.

9. Find specific text within a topic review using the product s find tool.

10. Select among various output options, including printing all or selected portions of the topical review

7.0 Additional Customer Support Requirements:

a. A single point of contact for customer service issues is named, available by both phone and email, and assigned to LNO Program Manager or its representative. At least one alternative contact is provided for absences of the provided single point of contact. A single point of contact shall be supplied for the database, and shall follow all of the following terms:

b. The single point of contact should be available via telephone and email during normal business hours and should not have excessive business travel or all day training commitments. Any scheduled out of office time must be notified to the LNO Program Manager with a minimum of two (2) week notice.

c. The LNO Program Manager reserves the right to request and be provided a replacement single point of contact representative within 60 days after request. This request can be made for any reason or no reason at all, with no additional cost necessary or reason provided. The number of these requests is made at the discretion of the LNO Program Manager.

d. It is the responsibility of the VA specified customer service contact to be fully educated and familiar with the physical and administrative structure of the VA system.

e. The contractor shall provide monthly reports to the LNO Program Manager of technical service requests provided to VA customers. The contractor s point of contact shall meet with the LNO Program Manager via conference call to review reports (date/time/frequency TBD).

f. Each report shall provide at a minimum the following columns in Excel format with:

1. Reference #.
2. Date Created.
3. First Assigned Technical Service Representative.
4. Customer Full Name.
5. Email Address of customer.
6. Issue/Request Statement.
7. Status.
8. Result.
9. Other information per Contractor choice.

Delivery and acceptance shall be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located:

Muskogee VA Medical Center
1011 Honor Heights Dr,
Muskogee, OK 74401

52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition

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.

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 or quality of the item offered to meet the Government requirement and (II) Price

Volume I - Technical capability or quality of the item offered to meet the Government requirement
The offeror shall submit specifications, cut sheets, or brochures confirming the equal products, including equal products of the brand name manufacturer submitted, meets or exceeds 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 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 applies to this acquisition

ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS:

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 quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement
Factor 2. Price

Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract to the quoter's total price. For example, if the contract includes option periods that are exercisable under FAR 52.217-9, the quoter's total price for the purpose of evaluation will include the base period, all option periods, and an additional six months of the last option period. Quoters must price only the base and option periods specified in the contract line item numbers (CLINs) and shall not submit a price for the potential six-month extension of services under FAR 52.217-8. The Government reserves the right to exercise the option under FAR 52.217-8 before the end of any of the contractor's performance periods and will be exercised at the price and/or rates in effect at the time the clause is exercised. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of Addendum to 52.212-2)

52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. 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. Offerors must be registered in SAM at time of offer submission.

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) applies to this acquisition

FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

FAR 52.203-6
Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (SEP 2006)
FAR 52.204-10
Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)
FAR 52.204-16
Commercial and Government Entity Code Reporting (AUG 2020)
FAR 52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)
FAR 52.209-6
Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)
FAR 219-27
Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)
FAR 52.219-28
Post Award Small Business Program Representation (NOV 2020)
FAR 52.222-3
Convict Labor (JUN 2003)
FAR 52.222-19
Child Labor Cooperation with Authorities and Remedies (JUL 2020)
FAR 52.222-21
Prohibition of Segregated Facilities (APR 2015)
FAR 52.222-26
Equal Opportunity (SEP 2016)
FAR 52.222-35
Equal Opportunity for Veterans (JUN 2020)
FAR 52.222-36
Equal Opportunity for Workers with Disabilities (JUN 2020)
FAR 52.222-37
Employment Reports on Veterans (JUN 2020)
FAR 52.222-40
Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
FAR 52.222-50
Combating Trafficking in Persons (OCT 2020)
FAR 52.223-18
Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
FAR 52.225-1
Buy American Supplies (JAN 2021)
FAR 52.225-13
Restrictions on Certain Foreign Purchases (JUN 2008)
FAR 52.232-33
Payment by Electronic Funds Transfer System for Award Management (Oct 2018)
Additional contract requirements or terms and conditions:

52.217-6 Option for Increased Quantity (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Office may exercise the option by written notice to the Contractor prior to receipt of all items. Delivery of the added items shall continue at the same rate as the like items called for under the contract unless the parties otherwise agree.

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.

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 30 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 6 months, three years.

52.219-14 Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent
contractor, that

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause

By the end of the base term of the contract and then by the end of each subsequent option period; or

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -

If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) X Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) 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.

(3) 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. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the 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 with the limitations on subcontracting requirement. 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] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. 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)

852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020)

VAAR 852.203-70
Commercial Advertising (MAY 2018)
VAAR 852.232-72
Electronic Submission of Payment Requests (NOV 2018)
VAAR 852.233-70
Protest Content/Alternative Dispute Resolution (OCT 2018)
VAAR 852.233-71
Alternate Protest Procedure (OCT 2018)
VAAR 852.246-71
Rejected Goods (OCT 2018)

852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)
The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

http://www.acquisition.gov/far/index.html
https://www.acquisition.gov/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 (AUG 2020)

The following FAR clauses are incorporated by reference:

FAR 52.203-17
Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)
FAR 52.204-13
System for Award Management Maintenance (OCT 2018)
FAR 52.204-18
Commercial and Government Entity Code Maintenance (AUG 2020)
FAR 52.227-19
Commercial Computer Software-Restricted Rights (DEC 2007)
FAR 52.232-40
Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

The following VAAR clauses are to be incorporated by reference:

VAAR 852.212-71
Gray Market Items (APR 2020)

The Defense Priorities and Allocations System (DPAS) does not apply.

Date and Time offers are due to Jonathan.Saiz@va.gov by 12:00pm MST, February 9, 2024.

Name and email of the individual to contact for information regarding the solicitation:
Jonathan Saiz
Jonathan.Saiz@va.gov

Attachments/Links