Q526--Police Psychological Testing Veterans Integrated Service Network 04

36C24420Q0684 Page 9 of 10 COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS General Information Document Type: Combined Synopsis/ Solicitation Solicitation Number: 36C24420Q0684 Posted Date: 06/04/2020 Original Response Date: 06/12/2020 11:00 AM EDT Current Response Date: 06/12/2020 11:00 AM EDT Product or Service Code: Q526 NAICS Code: Set-Aside: 621112, Offices of Physicians, Mental Health Specialists Total Small Business Contracting Office Address The Department of Veterans Affairs Network Contracting Office 4 100 S. Independence Mall West Philadelphia, PA 19106 Section I: 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. The Government reserves the right to make no award from this solicitation. This solicitation is a request for quotations (RFQ). The government anticipates awarding a firm fixed price Indefinite Delivery contract to include a five-year period of performance resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-06. The associated North American Industrial Classification System (NAICS) code for this procurement is 621112, Offices of Physicians, Mental Health Specialists, and the Small Business Size Standard is $12 Million. This solicitation is being set aside for Small Business concerns. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited. The Department of Veterans Affairs, Network Contracting Office 4, is soliciting offers to provide police psychological testing services for Veterans Integrated Service Network 04 (VISN04) as indicated in the Statement of Work (SOW). Respondents to this solicitation must fully demonstrate their capability by supplying detailed quote information along with any other documents necessary to support the requirements below. All interested companies must provide quotations for the following: Section II: Statement of Work Police Psychological Evaluations PURPOSE The purpose of this contract is to acquire psychological evaluations and testing for VISN 04 VA Police Officers to determine an individual s suitability to perform the duties of a police officer as well as carry a firearm. The contractor shall provide all necessary labor, supervision, equipment, supplies, materials and travel to provide psychological evaluations and testing for VA Police Officers. BACKGROUND VA medical facilities are protected by police officers who have arrest authority, as defined by 38 U.S.C. Chapter 9. They protect life and property on VA owned or operated land and buildings and must regularly make decisions on the appropriate application of force, the use of a firearm, police baton, or OC spray. Applicant and incumbent VA police officers must meet certain functional requirements. In order to meet the specific behavioral functional requirements for the successful police officer, individuals must: Possess a high level of personal integrity Be able to maintain control of anger and emotions Be compassionate towards others, especially those who cannot care for themselves Be able to quickly respond to emergency situations Have respect for authority and rule of law Be emotionally able to apply physical and possibly lethal force as needed, and to recognize when such force is necessary, but in strict accordance with training and policy requirements Be able to often work independently, but within a regimented group REQUIRING FACILITIES VA MEDICAL FACILITY ADDRESS STATION ID Altoona VA Medical Center 2907 Pleasant Valley Blvd Altoona, PA 16602 503 Butler VA Health Care System 353 North Duffy Rd Butler, PA 16001 529 Coatesville VA Medical Center 1400 Blackhorse Hill Rd Coatesville, PA 19320 542 Erie VA Medical Center 135 East 38th Street Boulevard Erie, PA 16504 562 Lebanon VA Medical Center 1700 S. Lincoln Ave Lebanon, PA 17042 595 Corporal Michael J. Crescenz VAMC 3900 Woodland Ave Philadelphia, PA 19104 642 VA Pittsburgh Healthcare System University Drive Pittsburgh, PA 15240 646 Wilkes-Barre VA Medical Center 1111 East End Blvd Wilkes-Barre, PA 18711 693 Wilmington VA Medical Center 1601 Kirkwood Highway Wilmington, DE 19805 460 DESCRIPTION OF SERVICE The Contractor shall provide initial, annual and incident psychological evaluation of all VA Police Officers (including VA Police Supervisors, Training Officers, Detectives, Criminal Investigators, Deputy Chiefs, and Chiefs). All VA Police Officers shall be re-examined annually to determine their continued emotional suitability to perform the duties as required of a VA Police Officer. VA Police Officers shall be re-examined when there is a sudden or dramatic change in an employee s customary behavior that may increase concern to determine their continued emotional suitability to perform the duties as required of a VA Police Officer. Concerning behavioral changes and/or issues may include: One or more personnel complaints, whether originated internally or externally, particularly complaints of the use of unnecessary or excessive force, inappropriate verbal conduct, or any conduct indicating an inability to exercise self-control and self-discipline. An abrupt and negative change in customary behavior, toward an inability to perform essential functions of the position. Irrational verbal conduct or behaviors, including delusions and hallucinations. Suicidal statements or behaviors, or personal expressions of mental instability. Unexplained and excessive tiredness or hyperactivity. Dramatic change in eating patterns resulting in sudden weight loss or gain, or diagnosis of a life-threatening eating disorder. Change in behavior pattern to inattention to personal hygiene and health. Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use. Memory losses. Impatience or impulsiveness, especially with a loss of temper. A pattern of conduct indicating a possible inability or decrease in ability to defuse tense situations, a tendency to escalate such situations or create confrontations. Unexplained and inappropriate excessive lateness or absenteeism. Any other factor or combinations of factors that causes a supervisor to reasonably suspect that a fitness for duty evaluation may be necessary. REQUIREMENTS Delivery of Service. The evaluation will be completed within 30 days from the date the designated facility point of contact calls to set up appointment. If evaluation is completed off-site, the contractor will have the ability to meet with the police applicant/officer at a location within 30-mile distance from the VA Health Care Facility. If evaluation is done on-site, contractor will utilize the Occupational Health or other identified examination room to conduct the evaluation. Initial evaluations shall be done on a face-to-face basis or virtually at the discretion of the facility. Annual or incident evaluations can be accomplished by conducting the evaluation face-to-face at an off-site location, or on-site location or by video teleconference. Psychological Assessment. The initial and annual medical examinations must include a psychological assessment of the police applicant/officer s emotional and mental stability by a contracted evaluator. Police officer duties include personal encounters with patients, visitors, and other employees. Encounters are often with mentally ill, irrational, or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment. Any emotional or mental condition which could cause the police applicant/officer to be a hazard to others or self during stress situations and physical altercations will disqualify. The psychological assessment will be limited to an interview by a psychologist or psychiatrist covering only job-related factors. Psychological Testing. Standardized psychological testing may be used only after reason to question the police applicant/officer s suitability has arisen. If, during the psychological assessment (the interview), the psychologist/psychiatrist has an articulable reason to doubt that the officer is capable of performing the duties of a police officer, the contracted evaluator should make a formal recommendation for psychological testing to the Employee Health physician. In such a situation the Employee Health physician may approve such a recommendation and direct appropriate psychological testing. Requirements for Interview/Testing. Initial interviews are conducted with any newly hired police officer and annual interviews are conducted with police officers every year thereafter the initial interview. On initial interview with a newly hired police officer at the VA Health Care Facility, the contracted evaluator will complete the following (note clarification in Attachment A): 1. Minnesota Multiphasic Personality Interview (MMPI-2) 2. California Psychological Inventory (CPI) 3. Generalized Anxiety Disorder 7 (GAD-7) 4. Patient Health Questionnaire-9 (PHQ-9) 5. Interview with Officer to determine psychological safety to ensure the officer is able to work within the department at the VA Health Care Facility. On annual interview with police officer who is currently working at the VA Health Care Facility, the contracted evaluator will complete the following (note clarification in Attachment A): 1. PHQ-9 2. GAD-7 3. Interview with Officer to determine psychological safety to ensure the officer is able to work within the department at the VA Health Care Facility. Incident medical examinations must include a psychological assessment of the police applicant/officer s emotional and mental stability by a contracted evaluator. Police officer duties include personal encounters with patients, visitors, and other employees. Encounters are often with mentally ill, irrational, or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment. Any emotional or mental condition which could cause the applicant/officer to be a hazard to others or self during stress situations and physical altercations will disqualify. The psychological assessment will be limited to an interview by a contracted evaluator covering only job-related factors. Contracted evaluator will complete report and send to VA Health Care Facility Occupational Health Department with final review and determination within 5 business days of evaluation. Re-test. If during the psychological evaluation for incumbent police officers, the psychologist has an articulable reason to doubt the officer is capable of performing the duties of a police officer (including the use of firearms). The Contractor shall provide results/reports in the form of a one-page letter to the Occupational Health Physician at the facility where the examination was conducted. The report will indicate Pass/Fail: Recommended/Not Recommended for use of a firearm at the VA Medical Facility. A second copy will be sent to the Chief of Police, within five (5) business days of evaluation, at the facility where the examination took place. Privacy Act Notification. Any reports, as well as internal working documents generated by the Contractor, are the property of the VA and shall be kept confidential from the officer. The Contractor and/or staff are not authorized to disclose any information pertaining to a VA employee to any source. Any request for information shall be forwarded to the Occupational Health Physician. Requirements for the Contracted Evaluator. The contracted evaluator must meet the requirements of 1031 (f) of the Government Code, which requires the mental and emotional condition of officers "shall be evaluated by a licensed physician and surgeon or a licensed psychologist with a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of mental disorders." The evaluator shall be instructed by the US Government to only release that information as allowed under this policy or as otherwise required by law. Limited Scope of Report. The US Government has a right to information that is necessary to achieve a legitimate purpose. The evaluation is ordered by and conducted for the US Government. It is not for the purpose of treatment but to determine fitness for duty. The limited verbal and/or written results of the evaluation will be provided to the US Government as a confidential personnel record. The report and information received by the department shall be limited to: a conclusion regarding the determination of fitness for duty, a description of the functional limitations of the employee, whether the condition that leads to the functional limitations is industrial or non-industrial in nature, other information to the extent authorized by law, necessary to achieve the legitimate purpose of the employer. no statement of medical cause shall be included. Exception. Where the employee has initiated a lawsuit, arbitration, grievance, worker's compensation or other claim or challenge involving his or her medical history, mental or physical condition, or treatment, the report may contain information which is relevant to that action. An employee may waive in writing any or all restrictions on the information reported to the employer. Disposition of Report. The contractor shall establish appropriate procedures to protect the information from unauthorized use or disclosure. The report may only be used or disclosed in a legitimate and appropriate proceeding to the extent authorized or compelled by law. Refusal to Cooperate. The contractor shall immediately report to the Contracting Officer s Representative of any refusal to cooperate by a US Government employee. QUALIFICATIONS Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, Commonwealth of the United States, or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approved by the VA Facility Director at the VA facilities credentialing and privileging the Contractor s psychologist(s). Personnel must have experience commensurate with their assigned responsibilities. Services shall be provided by a Psychologist(s) who has a doctorate from an American Psychological Association (APA) approved graduate program, is experienced working with adults, and is experienced in performing psychological assessments on police officers and/or police officer applicants. It is highly desirable that the Psychologist be board certified in Forensics by the American Board of Behavioral Psychology (ABBP). The Psychologist shall be a recognized expert demonstrating expertise in completing these specifically focused police officer exams. Individuals performing under this contract must: Have no physical/mental limitations or other conditions that may adversely affect his/her ability to perform as required by this contract; Has not had a loss, reduction, restriction, or revocation of his / her clinical privileges at any institution; Has not, or is not currently, and is not pending any litigation for medical malpractice; Is a member in good standing or has not had a loss of medical staff membership at or from any institution; and Has, or has pending currently, no felony criminal charges against him/her. If any individual performing under this contract is found, by the Government or by the Contractor, to have any of the aforementioned issues, the Contractor is responsible for removing the individual immediately from work under this contract. PERSONNEL POLICY The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel: Worker Compensation Professional Liability Insurance Health Examination Income Tax Withholding, and Social Security Payments The parties agree that the Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. CREDENTIALING AND PRIVILEGING Contractor will ensure that all psychologists be employed under this contract participate in the VA Credentialing and Privileging process. Contracted evaluators working on site at any VISN04 healthcare facility will be credentialed and privileged for that facility as described in VHA HANDBOOK 1100.19: Credentialing and Privileging. The contracted evaluator(s) must participate in the credentialing privileging process through at least one facility in VISN 04. The credentialing/privileging will be shared with other VISN 04 facilities through a Memorandum of Understanding/ Telehealth Service Agreement. The Contractor will provide copies of current requirements and updates as they are published. No services will be provided by any contracted evaluator prior to completing the credentialing and privileging process outlined above. Privileges will require renewal at least every two years in accordance with Medical Center and The Joint Commission requirements. Upon receipt of notice of award, contractor will immediately commence the credentialing and privileging process for all psychologists proposed to provide services under the contract through the VA Healthcare Facility (unless currently credentialed and privileged at the facility). The contracted evaluator will be provided a VA point of contact for the credentialing/ privileging process upon award. A minimum of six calendar weeks is required for VA credentialing and privileging after the package has been completed and received from the contracted evaluator. TORT CLAIMS Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the contractor employee is responsible for notifying the Contractor s legal counsel and/or insurance carrier. Any settlement or judgement arising from a contractor employee s action or non-action is the responsibility of the Contractor and/or insurance carrier. CONTRACT MONITORING AND QUALITY ASSURANCE The VA COR (Contracting Officer s Representative) will communicate with the participating medical center Chiefs of Police to determine whether required assessments were performed as scheduled and whether all contract requirements are being met. Any incidents of contract noncompliance as evidenced by these monitoring procedures shall be forwarded immediately to the Contracting Officer. Approximately two months after contract award, a VA psychologist will review randomly selected cases to ensure standardization of procedures and the reliability/validity of the Contractor s results. The police applicant/officer s name will be expunged from cases to ensure confidentiality. Reviews will thereafter be completed on an annual basis during the term of the contract unless required more frequently due to performance problems or complaints. SUBSTITUTION OF KEY PERSONNEL The Contractor shall assign to this contract the following key personnel: The psychologist(s) proposed in the contractor s technical proposal. During the first ninety days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph c below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph c to the Contracting Officer at least 15 days prior to making any permanent substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutions shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel. (End of Statement of Work) Section III: Price Schedule All quantities herein are estimates only, and represent the Government s best estimate of actual quantities which may be required over the term of the contract. Individual orders will be placed on an as-needed basis, and the contractor will be paid only for actual work performed. Prices included in the schedule below shall be fully-burdened and consistent across the 5-year period of performance: 07/01/2020-06/30/2025. ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES 5 YEAR QUANTITY UNIT UNIT PRICE ESTIMATED 5-YEAR AMOUNT 0001 135.00 EA __________________ __________________ Pre-Employment Evaluation 0002 1,450.00 EA __________________ __________________ Annual Evaluation 0003 90.00 EA __________________ __________________ Critical Incident Debriefing ESTIMATED 5-YEAR GRAND TOTAL __________________ SITE-SPECIFIC ANNUAL QUANTITY ESTIMATES (PROVIDED FOR INFORMATIONAL PURPOSES ONLY - DO NOT PRICE) VA MEDICAL FACILITY CLIN 0001 CLIN 0002 CLIN 0003 Altoona VA Medical Center 3 20 2 Butler VA Health Care System 3 30 2 Coatesville VA Medical Center 3 30 2 Erie VA Medical Center 3 15 2 Lebanon VA Medical Center 3 25 2 Corporal Michael J. Crescenz VAMC (Philadelphia) 3 60 2 VA Pittsburgh Healthcare System 3 70 2 Wilkes-Barre VA Medical Center 3 20 2 Wilmington VA Medical Center 3 20 2 Section IV: Evaluation of Quotations The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable. Specific information to be included in quotes is detailed below in ADDENDUM TO FAR 52.212-1 Instructions to Offerors Commercial Items . Following receipt of quotes, the Government will perform a comparative evaluation of the services quoted in accordance with FAR 13.106-2(b)(3). The Government will compare quotes to one another to select the quote that best benefits the Government by fulfilling the requirement. Additional information pertaining to Comparative Evaluation is below: What Comparative Evaluation is: It is the direct comparison of one quotation/offer with another in a uniform and fair manner to determine which quote/offer provides the Government what it needs, where and when, as identified in the RFQ It is an assessment of which response is the best as a whole Once one quotation/offer is found acceptable, it is compared side by side to the remaining ones, and the best one is chosen What Comparative Evaluation is not: It does not individually evaluate quote/offers against specified evaluation factors It does not assign a rating using a color, numerical, or other rating methodology It does not require additional evaluation to determine if minimal advantage is worth a minimal or normal price difference, but not prohibited It is not a low price technically acceptable (LPTA) or trade-off process Contractors may submit more than one quote; however, contractors are strongly encouraged to submit their best technical solutions and prices in response to this request for quote. All quotes must be submitted by the deadline to be considered for evaluation. The Government reserves the right to not select any quotes for award. Additionally, the Government reserves the right to cancel this solicitation at any time without making award. The Contractor is responsible for all quote preparation costs, which, under no circumstances, will be paid or otherwise provided for by the Government. Once the Government determines there is/are a contractor(s) that can provide a service that meet(s) the requirements of this request for quote, the Government reserves the right to communicate with only those contractors quoting the best-suited service to address any remaining issues. The Contracting Officer will evaluate technical capability, price, and past performance. Evaluation of technical capability shall take into particular consideration evidence of: Demonstrated familiarity with psychological examinations for Federal Officers Stated understanding of and demonstrated ability to meet the requirements outlined in the Statement of Work Evidence of certification and qualification of physicians proposed by the contractor to conduct the examinations Ability to meet the applicant/officer at the requiring VA Health Care facility, or, if off-site evaluation will be conducted, ability to meet applicant/officer within 30 miles from the requiring VA Health Care facility. If vendors are found to provide quotes of equal benefit to the government, the government will award to the vendors in the following small business order of preference: SDVOSB, VOSB, Small Business subcontracting wholly with SDVOSB, Small Business subcontracting wholly with VOSB, Small Business subcontracting with any SDVOSB/VOSB company. All companies, both primary and subcontractors, must be registered and verified in the VIP database at the time of quote submission to be considered for the size designation of SDVOSB or VOSB. Section V: Clauses and Provisions The following clauses and solicitation provisions apply to this acquisition: FAR 52.212-1, INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (OCT 2018) (ADDENDUM TO FAR 52.212-1 Instructions to Offerors Commercial Items ) All offers must include: Contractor must submit a capability statement demonstrating the company s technical capability, experience, and ability to meet the requirements of the statement of work in full. Capability statements that merely provide a general overview of contractor competencies will be determined incomplete. Resumes indicating the expertise and experience of proposed key personnel. Completed price schedule included at Section III above. Prices must be fully-burdened and consistent across the five-year period of performance. Failure to provide complete pricing per the price schedule at Section III above will result in the contractor s response being determined to be incomplete. Contractor may submit up to three (3) recent and relevant past performance references demonstrating successful performance of requirements of similar size (dollar value) and scope (work performed). Past performance references must include contract number, brief description of work performed, customer point of contact, dollar value, and period of performance. The Contracting Officer may utilize all available records (e.g. CPARS and FAPIIS) to evaluate a contractor s past performance. Acknowledgement of any solicitation amendments. Offers that fail to furnish required representation or information, or reject the terms and conditions of the solicitation, may be excluded from consideration. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation: 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in the provision at 52.204-26, Covered Telecommunications Equipment or Services Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications Commercial Items. (a) Definitions. As used in this provision Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services . (d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it will provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer (1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End of Provision) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (a) Definitions. As used in this provision "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7). (End of Provision) 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Delivery - Indefinite Quantity contract resulting from this solicitation. (End of Provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) 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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Thomas Cossentino thomas.cossentino@va.gov (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, email 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) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows: Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of Provision) FAR Number Title Date 52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2016 (End of Addendum to 52.212-1) FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (OCT 2018) Contractors 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. (End of Provision) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS The following contract clauses apply to this acquisition: ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 07/01/2020 through 06/30/2025. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than TBD, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor (1) Any order for a single item in excess of TBD; (2) Any order for a combination of items in excess of TBD; or (3) A series of orders from the same ordering office within TBD days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within TBD days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year after IDIQ contract expiration. (End of Clause) 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 15 days of contract expiration. (End of Clause) SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause) VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) (a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors. (b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database. (c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database. (d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business. (End of Clause) VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) (a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215 70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value. (b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business. (End of Clause) VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (a) This solicitation includes FAR 52.219-14 Limitations on Subcontracting. (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. 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 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) (a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments. (b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments. (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 means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (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; and (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 at the current website address provided in the contract. (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). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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 852.270-1 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 Clause) 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/ (End of Clause) FAR Number Title Date 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS APR 2014 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL 2016 52.224-1 PRIVACY ACT NOTIFICATION APR 1984 52.224-2 PRIVACY ACT APR 1984 52.228-5 INSURANCE WORK ON A GOVERNMENT INSTALLATION JAN 1997 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 852.203-70 COMMERCIAL ADVERTISING MAY 2018 852.237-72 CRIME CONTROL ACT REPORTING OF CHILD ABUSE OCT 2019 (End of Addendum to 52.212-4) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS COMMERCIAL ITEMS (MAR 2020) The following subparagraphs of FAR 52.212-5 are applicable: (b) (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (b) (4) 52.204 10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109 282) (31 U.S.C. 6101 note). (b) (7) 52.204 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111 117, section 743 of Div. C). (b) (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). (b) (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). (b) (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). (b) (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). (b) (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)). (b)(22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (b)(25) 52.222-3, Convict Labor (JUNE 2003) (b)(27) 52.222-21, Prohibition of Segregated Facilities (APR 2015) (b)(28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (b)(30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (b) (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (b) (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (b) (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). (b)(35)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (b) (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (b)(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (b)(47)(i), Privacy Training (JAN 2017) (b)(51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (b)(57) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (c)(2) 52.222-41, Service Contract Labor Standards (AUG 2018) (c)(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (c)(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (AUG 2018) (c)(8) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) (c)(9) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (End of Clause) Section VI: Additional Information This is an open-market combined synopsis/solicitation for services as defined herein.  The government intends to a firm fixed price contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" The contractor must list exception(s) and rationale for the exception(s). All quotations must be sent via email to Thomas Cossentino, Contract Specialist, thomas.cossentino@va.gov Submission must be received not later than 06/12/2020 at 11:00 AM EDT. Late submissions must be treated in accordance with the solicitation provision at FAR 52.212-1(f). Only e-mailed quotes will be accepted. It is the responsibility of the contractor to ensure and confirm the Government s timely receipt of their quote. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist, Thomas Cossentino, thomas.cossentino@va.gov no later than 06/09/2020 at 10:00 AM EDT. Department of Labor Wage Determination included in Attachment B apply for on-site work. Local wage determinations at the contracted evaluator s location apply for remote work. Contractor must comply with all applicable wage and hour laws and is responsible for selecting the correct occupation titles. Current Wage Determinations and revisions can be obtained online at: https://beta.sam.gov/. Section VII: Attachments ATTACHMENT A: VENDOR QUESTIONS AND GOVERNMENT RESPONSES ATTACHMENT B: DOL WAGE DETERMINATIONS ATTACHMENT C: 6500.6 AND RECORDS MANAGEMENT LANGUAGE (End of Document)