United States - Q--Grand Junctio - Pathology Services Five Year BPA

Description

Added: Sep 24, 2019 10:30 am

General Information

Document Type:

Combined Solicitation/Synopsis

Solicitation Number:

36C25919Q0586

Posted Date:

September 24, 2019

Current Response Date:

October 22, 2019

Product or Service Code:

Q515 Medical Services Pathology

Set Aside:

Total Small Business

NAICS Code:

621511 Medical Laboratories

Contracting Office Address

SAO West, Network Contracting Office 19 (NCO 19)

Rocky Mountain Acquisition Center

Department of Veterans Affairs

6162 South Willow Drive, Suite 300

Greenwood Village, CO 80111

Places of Performance

Contractor Facility (located in Grand Junction, CO)

Grand Junction VA Medical Center (GJVAMC) Only when conditions described in the SOW are met)

Performance Period

The period of performance for the Pathology Services BPA is Dec 1, 2019 through Nov 30, 2024 and includes five (5) one-year (12 months) ordering periods.

Description

This is a total small business set-aside, combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-05 08/13/2019.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621511- Medical Laboratories, with a small business size standard of $32.5 million.

The Network Contracting Office 19 (NCO 19) is seeking to acquire Pathology Services. The purpose of this acquisition is to provide the Grand Junction VA Medical Center with the services listed in the Statement of Work.

To receive credit as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB), a firm must be registered in VetBiz.gov Vendor Information Pages (http://www.VetBiz.gov).

All offerors, regardless of size, must have an Active SAM registration at the time offers/quotes are submitted, and the CO will exclude those who do not from further consideration.

System for Award Management (SAM) www.SAM.gov

All interested companies shall provide quotation for the following:

PERIOD OF PERFORMANCE: December 1, 2019 through November 30, 2024

CLIN

PROCEDURE/TEST

ESTIMATED TOTAL (5 Year) QUANTITIES

UNIT

UNIT COST

TOTAL ESTIMATED COST

0001

Grossing and reading of Surgical specimens

7500

Per Specimen

0002

Reading of Cytology slides

5250

Per Specimen

0003

Performing Frozen Sections

100

Per Specimen

0004

Performing Autopsies

15

Per Case

0005

Performing Pathology assist for guided Biopsies

150

Per Specimen

0006

Preparation of Surgical specimens

7500

Per Specimen

0007

Preparation of Cytology slides (Sputum)

125

Per Specimen

0008

Preparation of Cytology slides (Urine)

4000

Per Specimen

0009

Preparation of Cytology slides (PAP)

750

Per Specimen

0010

Preparation of Cytology slides (FNA includes four slides)

100

Per Specimen

0011

Preparation of Cytology slides (FNA Extended Study more than four slides)

120

Per Specimen

0012

Preparation of Cytology slides (Bronchoscopy includes four slides)

50

Per Specimen

0013

Preparation of Cytology slides (Bronchoscopy Extended Study more than four slides)

25

Per Specimen

0014

Preparation of Cytology slides (Body Fluid)

65

Per Specimen

0015

Preparation of Cytology slides (Body Fluid Cell Blocks)

40

Per Specimen

0016

Decalcification procedure

60

Per Specimen

0017

Special stain group I

120

Per Specimen

0018

Special stain group II

600

Per Specimen

0019

Immunoperoxidase stain

2500

Per Specimen

0020

HPV on PAP

750

Per Specimen

0021

Peripheral Blood Smear Review

500

Per Specimen

Statement of Work - ANATOMIC PATHOLOGY SERVICES

Background

The purpose of this BPA is to procure Anatomic Pathology Services from a qualified contractor for the Grand Junction Veterans Affairs Medical Center (GJVAMC), Pathology and Laboratory Medicine Services (P&LMS). The period of service is December 1, 2019, to November 30, 2024. The primary location for services shall be at the contractor s facility. Only in a case where time constraints and/or infectious disease concerns will not allow for body/sample transport to the contractor s facility shall the contractor be allowed to perform services at the GJVAMC, 2121 North Ave., Grand Junction, CO 81501. Subcontracting will not be allowed under this BPA.

GJVAMC does not have an Anatomic Pathology department and needs a service that will provide a licensed consulting pathologist for surgical specimen processing with interpretation, and cytological specimen processing with interpretation.

The contractor shall provide all labor, supplies, equipment, maintenance, information technology, and supervision necessary to provide all pathology laboratory services to the GJVAMC described herein. Reference laboratory services include, but are not limited to:

specimen preparation and storage;

transportation of clinical laboratory specimens, microbiology cultures, and stocks;

performance of analytical testing;

reporting of analytical test results;

consultative services.

Specimen Testing

The contractor shall pick up, process, embed, stain, cut, and coverslip the specimens, provide pathological analysis, and report findings in a reasonable time frame, as noted below.

Surgical specimens shall be reported in two (2) days or less. Procedures include, but are not limited to, the following (by CPT code) performed at the contractor s laboratory:

85060: Blood Smear Interpretation

85097: Bone Marrow Interpretation

88300: Level 1 Tissue Exam by Pathologist

88302: Level 2 Tissue Exam by Pathologist

88304: Level 3 Tissue Exam by Pathologist

88305: Level 4 Tissue Exam by Pathologist

88307: Level 5 Tissue Exam by Pathologist

88309: Level 6 Tissue Exam by Pathologist

88311: Decalcify Tissue

88312: Special Stains Group 1

88313: Special Stains Group 2

88321: Microslide Consultation

88342: Immunohistochemistry

Non-GYN cytology specimens shall be reported in three (3) days or less. Procedures include, but are not limited to, the following (by CPT code) performed at the contractor s laboratory:

88108: Cytopath Concentrate Tech

GYN cytology specimens shall be reported in five (5) days or less. Procedures include, but are not limited to, the following (by CPT code) performed at the contractor s laboratory:

88141: Cytopath c/v Interpretation

88142: Cytopath c/v thin layer (SurePath)

Frozen Sections shall be processed, and the initial report received at GJVAMC in 20 minutes or less from the time the specimen is received either in-house or at the contractor s place of business. Procedures include, but are not limited to, the following (by CPT code) performed at the contractor s laboratory:

88331: Path Consult Intraop, 1 Bloc (Frozen Section)

88332: Path Consult Intraop, Addl (Frozen Section)

Immediate evaluations are performed at bedside at GJVAMC for scheduled Fine Needle Aspirates and Core Biopsies to determine if specimens are adequate and to provide a preliminary result. Specimens are then treated as Surgical and Non-GYN cytology specimens. Procedures include, but are not limited to, the following (by CPT code):

88172: Cytopath Eval of FNA

88173: Cytopath Eval, FNA, Report

88333: Intraop Cyto Path Consult

Autopsies shall be processed and completed within thirty (30) days. A Post-Mortem Quality Assurance Survey must be completed within thirty (30) days. Procedures include, but are not limited to, the following (by CPT code) performed at the contractor s laboratory:

88020: Autopsy Complete w/o Brain

88025: Autopsy Complete with Brain

88036: Limited Autopsy

The contractor shall embed, stain, cut, and coverslip the specimens and then return the specimen to the GJVAMC. This could be called a block and stain service for Anatomic Pathology specimens should a special circumstance arise.

The specimen cassettes (yellow and green) will be identified by sequential case numbers assigned by the Laboratory staff at the GJVAMC. Completed and processed slides shall be returned from the contractor to the GJVAMC with the same case numbers.

Upon receipt of yellow cassette tissue specimens, the contractor shall embed, perform a Hematoxylin & eosin stain (H&E), perform a single cut of the specimen, and affix it to a slide with a coverslip.

Upon receipt of green cassette biopsy specimens, the contractor shall embed and stain the specimen. Then two cuts shall be made; one shallow and one deeper, according the proper processing of CPT code 88305 Technical Component. Both cuts shall be affixed to a microscope slide and cover-slipped.

NOTE: The contractor shall offer the Technical Component separately from the Professional Component on both their test menu and the bill of charges.

NOTE: Any new test(s) not listed must be added to the BPA through modification by the Contracting Officer (CO) prior to specimen being tested. The contractor shall notify the CO and VA Facility Point of Contact (POC) of any test information modifications no earlier than two weeks prior to the desired implementation date of the test change.

All contractor s testing shall be executed in accordance with standard industry practices. It is preferred that test methods are FDA approved. Any non-FDA approved method being performed shall have a disclaimer and documented validation plan. Upon request, the validation plan and validation results shall be made available to the POC or designee.

The contractor shall ensure the accurate and timely performance of laboratory testing services on all biomedical materials.

Specimen Preparation and Storage for Reference Testing Specimens

The contractor shall provide all materials necessary to collect and preserve specimens that are destined to the commercial reference laboratory for testing. These materials include those items that are dictated by and in compliance with the collection requirements of the commercial reference laboratory.

The contractor shall be responsible for storing specimens in such a manner to insure the integrity of the specimen.

Transportation Services for Reference Testing Specimens

The contractor shall provide transportation of primarily biomedical materials that include patient specimens, originating from the GJVAMC and destined to their contracted reference laboratory facility. These items are classified as Hazard Materials Class 6, Division 6.2 and are defined in 49 CFR Part 173.134 as those materials that contain or could contain etiologic agents. Transportation shall be done in such a manner that the safety and integrity of the biomedical material is maintained.

NOTE: The GJVAMC will not employ the use of their own courier services for this contract.

Routine transportation services shall occur a minimum of once per day:

New specimens shall be picked up from the GJVAMC no later than 5:30 pm each business day, Monday through Friday, not including government holidays.

Emergency Transportation arrangements shall be made by GJVAMC.

Contractor shall provide all necessary supplies for biomedical materials to be transported from the originating facility to the contractor s laboratory. These supplies shall include, but may not be limited to:

Shipping and packaging containers. Packing material must be capable of maintaining temperature requirements for specimens until they reach the contractor s laboratory.

Required labels and packaging materials for shipping specimens via courier that are infectious, or etiologic agents, in accordance with appropriate requirements of 42 CFR Part 72, 49 CFR Parts 171 and 173, and the Dangerous Goods Regulations of the International Air Transport Association (IATA) consistent with current regulatory updates.

Test request forms.

5.0 Specimen Retention

All Anatomic Pathology materials (e.g., histology blocks, slides or other diagnostic material) generated by the VA shall be returned within 2 days after final diagnosis is reported.

Reporting of Results

The results of testing shall be reported within the prescribed turnaround times provided by GJVAMC as part of the test information.

The Anatomic Pathology report must be issued as an electronic final copy. The contractor shall deliver reports electronically preferably though the Veterans Administration VISTA HL7 interface. Contractor must provide IT support for current and/or future connectivity to VISTA.

Accessibility to GJVAMC reports must be available via web-based programs at any time.

Each test report shall, at minimum, include the following information:

Patient's full name

Patient s identification number, e.g. social security number (SSN)

Physician s name (if supplied)

Government laboratory accession number (if supplied)

Submitting facility name

Submitting facility account number

Test(s) ordered

Date/time of specimen collection

Collection site

Brief patient history that is provided

Date/time test completed

Test result

CPT code

SNOMED code

Reference laboratory accession number if applicable

Name and address of testing laboratory

Any other information the laboratory has that may indicate a questionable validity of test results.

Specimen inadequacy shall be reported with documentation supporting its unsuitability for testing.

Customer Service

The contractor shall provide customer service that is accessible by telephone service Monday through Friday, 8:00 am 4:00 pm Mountain Time, in order to assist Government staff for tracking and resolving related issues/problems that may arise in the performance under this contract.

Upon award, the contractor shall provide the name(s) and telephone number(s) of contractor employees who will address the following customer services throughout the contract performance period:

1. Telephone Inquiries Telephone inquiries are divided into four major categories with additional subcategories defining the type of inquiry and the Government s minimum time expectation for meeting this service.

Specimen Collection

Routine inquiries, questions and clarifications regarding collection requirements shall be addressed at the time of the initial call.

Esoteric inquiries, questions and clarifications regarding collection requirements that require further research shall be addressed within ½ hour of the initial call.

Testing

Inquiries regarding the status of pending orders shall be addressed at the time of the initial call.

Esoteric inquiries when information is requested regarding methodology, correlation, interferences, reflex tests, etc. shall be addressed within two hours of the initial call.

c. Technical Expertise

Test utilization inquiries where information is required as to the most appropriate test to be ordered shall be addressed within two business hours of initial call.

Result interpretation inquiries shall be addressed within four business hours of initial call.

Consultative services where information is required regarding the clinical significance of tests shall be addressed within twenty-four business hours of the initial call.

Account follow-up

Information general in nature yet specific to the account, e.g. test pricing, equipment repair, supply ordering, etc. shall be addressed within four hours of the initial call.

The contractor shall notify the originating laboratory by telephone of specimens cancelled due to unacceptability for reasons relating to volume, specimen container, identification, loss of specimen, etc.

Consultative Services/Utilization Reports

Contractor shall provide consultative services that are consistent with the services offered to other contracted customers without compensation. These services may include consultations by laboratory professionals or experienced physicians on test or methodology selection or test result interpretation.

Contractor shall provide a statistical analysis of the Government facilities workload testing volumes to assist in the monitoring of ordering trends and utilization patterns and will make recommendations to the facilities on mechanisms to reduce their costs.

Contractor shall provide a cumulative workload summary report of tests performed. The summary must include the test name/description, monthly test volume, year-to-date test volume, unit test cost, monthly test expenditures and year-to date test expenditures.

The report shall be delivered electronically to the POC or designee by the 10th of the month following the close of the reporting month.

All reports shall be submitted in electronic spreadsheet format.

8.0 Special Contract Requirements

Services

The Contractor is required to maintain medical liability insurance for the duration of this contract. Medical Liability insurance must cover the provider(s) for services in all states where services are rendered by the provider. Contractor shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

The contractor shall, in writing, keep the CO and POC informed of any unusual circumstances in conjunction with the contract.

The contractor shall not, under any circumstances, furnish reports directly to patients.

The contractor shall be CLIA certified and provide evidence of the certification.

The Contractor must comply with all Joint Commission, College of American Pathologists, and VHA Handbook 1106.01 requirements.

II. Federal Holidays

The Contractor is not required to provide transportation of specimens on federal holidays. The 10 holidays observed by the Federal Government are:

New Year s Day

Martin Luther King s Birthday

Presidents Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

and any other day specifically declared by the President of the United States to be a national holiday.

III. Qualifications/Requirements of Laboratory & Contractor Personnel

A. Laboratory

The contractor shall continuously hold a Certificate of Compliance or Certificate of Accreditation from the Centers for Medicare & Medicaid Services as meeting the requirements of the Clinical Laboratory Improvement Amendments of 1988 or must demonstrate accreditation by a regulatory agency(s) with deemed status from the Centers for Medicare & Medicaid Services, e.g. The College of American Pathologists, and/or other state regulatory agencies, as appropriate, and as mandated by federal and state statutes. The Contractor must maintain valid certifications during the entire performance period of this contract.

The contractor shall maintain safety and health standards consistent with the requirements set forth by the Occupational, Health, and Safety Administration (OSHA), and the Center for Disease Control (CDC) and Prevention.

B. Personnel

The Contractor shall ensure all testing and supervisory personnel at the reference laboratory assigned to work under this contract meet and maintain the applicable personnel qualifications set forth under the Clinical Laboratory Improvement Amendments (CLIA) of 1988 regulations, the College of American Pathology (CAP) accreditation standards, or other accrediting organizations and State standards.

The contractor shall ensure its employees have the ability to perform the applicable duties consistent with their license and certification.

Any new requirements for mandatory education and/or competency reassessment, which occur during the contract period, must be completed by the individual contractor employee(s) within VA established timeframes.

The contractor couriers entering any Government facility shall prominently display a contractor-issued identification badge.

IV. HIPAA Compliance

Contractor shall adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). The Contractor shall prove to the GJVAMC that they are identified as healthcare providers and that the PHI is being disclosed and/or used for treatment. BAA is required for Contractor Services.

V. Contract Performance Monitoring

A. Monitoring of contractor s performance shall be demonstrated through clinical and administrative record reviews. The POC will be responsible for verifying contract compliance. The POC will monitor services through one or a combination of the following mechanisms:

The POC will monitor Contractor performance to ensure that services called for in the SOW have been received by VA in a timely manner. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

Documentation of services performed will be reviewed prior to certifying payment. The POC will perform periodic spot checks on all documents and record all findings. VA will pay only for services actually provided. Contract monitoring, and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

The POC will provide a written statement annually to the CO to include a summary of contractor actions and a statement that all requirements of the contract have been fulfilled as agreed.

VI. Quality Control Program

A. The contractor shall maintain a Quality Control Program related to Reference Laboratory services covered under this contract. This program must minimally address the quality aspects representative to the testing process, i.e. pre-analytical, analytical and post-analytical variables and include a description of monitoring and evaluation activities. The contractor shall meet or communicate with the GJVAMC staff for process review and improvement of contract performance on an as needed basis.

This procurement is being conducted pursuant to FAR Part 13 procedures. This requirement is a total small business set-aside. The Government intends to award a contract resulting from this solicitation to the responsible small business offeror whose quote, conforming to the solicitation, quotes the lowest price, whose quoted price does not exceed the amount of funding available for the procurement, and whose quoted price is found to be fair and reasonable. Price alone is the sole evaluation factor after verification of the general and special standards of responsibility described in 52.212-2 are met.

PROVISIONS/CLAUSES: The following Federal Acquisition Regulation (FAR) and Veterans Affairs Acquisition Regulation (VAAR), provisions and clauses apply to this solicitation and are incorporated by reference (provisions and clauses may be obtained via the internet: http://acquisition.gov/far/ & http://www.va.gov/OAL/library/vaar/index.asp ):

The provision at 52.212-1 Instructions to offerors- Commercial applies to this acquisition with following addendum:

FAR 52.212-1 Instructions to Offerors Commercial Items Addendum

Offerors shall submit two (2) separate volumes: proposed pricing and responses to the Special Standards of Responsibility.

Volume 1: Offerors shall also provide a completely filled out copy of the pricing structure on pages 3-4.

Volume 2: Special Standards of Responsibility To assist the contracting officer in determining if the special standards of responsibility applicable to this procurement are met, offerors are asked to provide the following information with their quotes. Failure to include this information could result in a contracting officer s determination that an otherwise successful offeror is not eligible for contract award.

SP1: Special Licensure. Offeror shall provide evidence of being licensed Pathologist in the State of Colorado.

SP2: Special Insurance Offeror shall provide evidence that it is covered by a medical liability insurance.

SP3: Special Certification Offeror shall provide evidence that the facility to be used in the performance of this contract if CLIA certified and located in Grand Junction, CO.

SP4: Specialized Experience. Offeror shall provide a narrative that describes its specialized experience providing pathology services similar or identical to those required in the SOW. To be included in this narrative shall be the contractor s quality control plan as well as the contractor s plan for providing transportation between their facility and the GJVAMC.

(End of provision)

The following FAR/VAAR provisions apply to this solicitation and are incorporated in full text:

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a five (5) year Blanket Purchase Agreement (BPA) containing five (5) one-year ordering periods resulting from this solicitation.

(End of Provision)

VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, 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 and veteran-owned small businesses as subcontractors.

(b) Eligible service-disabled veteran-owned 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 Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov).

(c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses 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 VetBiz.gov VIP database (https://www.vip.vetbiz.gov).

(End of Provision)

In accordance with FAR 52.252-1, the following FAR/VAAR provisions apply to this solicitation and are incorporated by reference:

FAR 52.204-7

FAR 52.204-16

FAR 52.232-38

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL 2013)

52.212-2 Evaluation-Commercial Items (OCT 2014)

(a) Basis of Award. This procurement is being conducted pursuant to FAR Part 13 procedures. This requirement is a total small business set-aside. The Government intends to award a contract resulting from this solicitation to the responsible small business offeror whose quote, conforming to the solicitation, quotes the lowest price, whose quoted price does not exceed the amount of funding available for the procurement, and whose quoted price is found to be fair and reasonable. Price alone is the sole evaluation factor. In addition to the general standards of responsibility found at FAR § 9.104-1, in accordance with FAR § 9.104-2, the special standards of responsibility described below apply to this procurement. Offerors who fail to meet any general or special standard of responsibility will not be eligible to receive contract award.

Special Standards of Responsibility: The following special standards of responsibility apply to this procurement:

SP1: Special Licensure. Contractor shall be a licensed Pathologist in the State of Colorado.

SP2: Special Insurance Contractor shall possess medical liability insurance.

SP3: Special Certification Contractor s facility shall be CLIA certified and located in Grand Junction, CO.

SP4: Specialized Experience. Contractor shall be able to describes its specialized experience providing pathology services similar or identical to those required in the SOW. To be included in this narrative shall be the contractor s quality control plan as well as the contractor s plan for providing transportation between their facility and the GJVAMC.

(b) Evaluation Process. Quotes will be evaluated in the following manner. The lowest-priced quote will be identified. The lowest-priced quote will be evaluated to determine if the quoted price exceeds the amount of funding available for the procurement. If the quoted price does not exceed the amount of funding available for the procurement, the quoted price will be evaluated to determine if it is reasonable. If the quoted price is found to be reasonable, the offeror who submitted this quote will be identified as the successful offeror. The contracting officer will then determine if the successful offeror is responsible using the general standards of responsibility and the special standards of responsibility applicable to this procurement. If contract award cannot be made to the successful offeror, the contracting officer will evaluate the next lowest-priced quote following the procedures described above. This process will continue until a contract award can be made, or the contracting officer determines that no contract award can be made. The contracting officer may find all quotes not acceptable and cancel the solicitation if the lowest-priced quote exceeds the amount of funding available for the procurement. The contracting officer may likewise find a quote under evaluation, as well as all remaining quotes, not acceptable and cancel the solicitation if the quote currently under evaluation exceeds the amount of funding available for the procurement. The Government intends to evaluate quotes and award a contract without discussions with offerors. However, the Government reserves the right to conduct discussions at any time if determined by the contracting officer to be in the Government s interest.

If two or more offerors submit identical low prices, and if both offerors meet the general and special responsibility standards, preference will be given to verified SDVOSBs, followed by verified VOSBs, then to all other types of small businesses.

(c) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced or if the quoted price for the basic requirement or any option exceeds the amount of funding available for any of those requirements. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of provision)

The clause at 52.212-4, Contract Terms and Conditions--Commercial Items; is incorporated by reference, applies to this acquisition with following addendum:

The following FAR clauses apply to this solicitation and are incorporated in full text:

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.

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows:

The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract.  The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised.  The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise.  This evaluation will not obligate the Government to exercise any option under FAR 52.217-8. The `specified' rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.

(End of Clause)

52.228-5 INSURANCE WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(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 employer s 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.

(End of Clause)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of ANY fiscal year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of ANY fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

The following FAR clauses apply to this solicitation and are incorporated by reference: 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011), 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, 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011), 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018), 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016), 52.224-1 PRIVACY ACT NOTIFICATION, 52.224-2 PRIVACY ACT, 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS (DEC 2013),

The following VA Acquisition Regulation (VAAR) clauses applies and is incorporated in full text:

VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor (End of Clause)

VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)

The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors (if subcontractors are contemplated) in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.

(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)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (Nov 2012)

(a) Definitions. As used in this clause

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/ she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of COLORADO. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) (End of Addendum to 52.212-4)

The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items applies to this acquisition, the following clauses apply: 52.203-6 Retrictions on Subcontractor Sales to the Government (SEP 2006), 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018), 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015), 52.219-6 DEVIATION 2019-01 Notice of Total Small Business Set-Aside (NOV 2011), 52.219-14 DEVIATION 2019-01 Limitations on Subcontracting (JAN 2017), 52.219-28, Post Award Small Business Program Representation (JUL 2013), 52.222-3 Convict Labor (June 2003), 52.222-21, Prohibition of Segregated Facilities (APR 2015), 52.222-26 Equal Opportunity (SEP 2016), 52.222-35 Equal Opportunity for Veterans (OCT 2015), 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014), 52.222-37 Employments Reports on Veterans(FEB 2016), 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010), 52.222-50 Combating Trafficking in Persons (MAR 2015), 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011), ) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008), 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018), 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014)

(End of Clause)

All quotations shall be sent via email to ian.boettcher@va.gov.

This is a small business set-aside, combined synopsis/solicitation for services as defined herein.  The Government contemplates award of a single-award BPA resulting from 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:"

Quotes shall list exception(s) and rationale for the exception(s).

Submission shall be received not later than October 18, 2019 at 3:00 PM MT to ian.boettcher@va.gov. All submission shall be 5MB or less. If the email is going to be more than 5MB, then please submit in multiple emails labeling 1 of XX, 2 of XX, etc. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contracting Officer, Ian Boettcher, ian.boettcher@va.gov by September 26, 2019 at 3:00 PM MST.

Contracting Point of Contact

Ian Boettcher, Contracting Officer, ian.boettcher@va.gov or 303-712-5722

Opportunity closing date

22 October 2019

Value of contract

to be confirmed