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Combined Synopsis for Solicitation
Amendment 0001 for RFQ 36C25023Q0146

The purpose of this modification is to clearly define the question-and-answer period for this combined synopsis.

All questions must be submitted by December 7, 2022, by 4:30PM EST via email to chad.kemper@va.gov. No further questions will be answered after that time.

All other terms and conditions remain unchanged.
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; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: 2022-08.

This solicitation is set-aside for small businesses

The associated North American Industrial Classification System (NAICS) code for this procurement is 335910 Battery Manufacturing with a small business size standard of 1,250 employees. The FSC/PSC is J061 Maintenance, repair, and rebuilding of equipment electrical wire and distribution equipment

Wage Determinations
Wage Determination No: 2015 4833
Revision No: 20
Date of Last Revision: 06/27/2022
23160 Maintenance Electrician

Contracting Office Address
Department of Veterans Affairs
Network Contracting Office (NCO) 10
3140 Governor s Place Blvd. Suite 210
Kettering, Ohio 45428

Is seeking to replace the batteries in our Liebert NX 480-volt 200kva Uninterruptible Power Supply (UPS) unit. All interested companies shall provide quotations for the following:

Combined Synopsis for Solicitation

STATEMENT OF WORK
BACKGROUND
The contractor shall perform battery replacement, identify and provide all needed parts, materials, labor, supervision, and transportation necessary to replace all batteries, commission, verify operation, and reset maintenance codes on our Liebert Uninterruptible Power Supply (UPS) unit serving the A180 server room located at the LTC Charles S. Kettles VA Medical Center, 2215 Fuller Road, Ann Arbor, MI, 48105.
Current Enersys HX505 Batteries were installed in 2016 and replacements are expected to be equal to or better than the current batteries. Replacement batteries must be compatible with the UPS units. There are 80 batteries in our unit.
Current batteries for our Liebert UPS unit have reached their lifetime expectancy and are due for replacement ahead of any possible equipment failures. The Liebert NX 480-volt 200kva UPS Operations and Maintenance Manual indicates that an OEM (original equipment manufacturer, i.e. Liebert) replacement battery is required for our UPS. Model Number 38Sa200a0a00 Tag #1576716/ Site ID: 56997/Serial: 21012003252119040003.
Work must be completed in 1 day. Hours of service are 7:30AM to 3:30PM.
Failure of this critical piece of equipment will result in significant disruption to hospital operations, possible damage to critical files, patient records, and medical files located in the mainframe computer room A180.
GENERAL OBJECTIVES/REQUIREMENTS
Contractor shall coordinate with facilities POC Electrical Shop Supervisor or M&O Supervisor to establish the best possible down time, ASAP, with the least amount of impact caused during battery replacements within the units.
Contractor must investigate Liebert equipment and provide a plan to replace and properly dispose of batteries. Contactor shall reset any applicable maintenance codes and verify proper operation before exiting location.

Contractor shall provide equipment necessary to remove and replace batteries with OEM replacement batteries of the same manufacturer and type that matches the battery cabinet.

Contractor shall be responsible for the removal and proper disposal of batteries.

Contractor must complete all connections, programming, commissioning, testing, verification of operation, and cleanup ensuring system is fully operational upon completion of repairs.
REPORTING REQUIREMENTS:
The Contractor must report to the VA Facilities Management office to log in during normal working hours. When the service is complete, the Contractor shall document services rendered on a legible field service report. The Contractor shall log out at the point of check in and submit the field service report to the Contracting Officer Representative (COR) for a signature, during normal working hours. If the COR is unavailable, a signed authorized copy of the field service report shall be sent back to the Contractor after the work has been reviewed and approved by the COR.
SAFETY REQUIREMENTS:
In the performance of this contract, the Contractor shall take such appropriate and adequate safety precautions as necessary to protect the lives and health of occupants of the building. The COR shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served to the Contractor or the representative at the work site shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:
FAR 52.212-1, Instructions to Offerors Commercial Items (NOV 2021)
FAR 52.204-7, System for Award Management (OCT 2018)
FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)
VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008)
FAR 52.212-2, Evaluation-Commercial Items (NOV 2021)
FAR 52.212-3, Offerors Representations and Certifications Commercial Items
Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:
FAR 52.212-4, Contract Terms and Conditions Commercial Items (NOV 2021)
FAR 52.204-13, System for Award Management Maintenance (OCT 2018)
FAR 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016)
FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)
FAR 52.219-14, Limitations on Subcontracting (JUN 2020) (DEVIATION)
FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
VAAR 852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020)
VAAR 852.203-70, Commercial Advertising
VAAR 852.232-72, Electronic Submission of Payment Requests
VAAR 852.270-1, Representatives of Contracting Officers
VAAR 852.219-74, Limitations on Subcontracting Monitoring and Compliance (JUL 2018)
VAAR 852.219-77, VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction (SEP 2021) (DEVIATION)
VAAR 852.242-71, Administrative Contracting Officer (OCT 2020)
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (OCT 2022)

The following subparagraphs of FAR 52.212-5 are applicable:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016)
FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644)
FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s)
FAR 52.219-28, Post Award Small Business Program Representation (NOV 2020)
FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r))
FAR 52.222-3, Convict Labor (JUN 2003) (E.O. 11755)
FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015)
FAR 52.222-26, Equal Opportunity (SEPT 2016)
FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)
FAR 52.222-50, Combating Trafficking in Persons (OCT 2020)
FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) (E.O. 13513)
FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O .s, proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)
FAR 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT
2018)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, that the Contracting Officer has indicated as being incorporated in this contract
by reference to implement provisions of law or Executive orders applicable to acquisitions of
commercial items:

FAR 52.222-41, Service Contract Labor Standards (AUG 2018)
FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)
FAR 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020)
FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, or the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
QUOTE PREPARATION INSTRUCTIONS

To assure timely and equitable evaluation of quotes, offerors must follow the instructions contained herein for quote submissions. Quotes must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

FAILURE TO PROVIDE ANY OF THE INFORMATION REQUESTED IN THIS SECTION MAY RESULT IN YOUR QUOTE BEING EXCLUDED FROM FURTHER CONSIDERATION FOR AWARD.

All quoters shall submit the following:
Prices
Relevant industry certifications
Memorandum acknowledgement of Wage Determinations (Page 13 of this document).
Self-Certification of VAAR 852.219-77 Limitations on Subcontracting (Pages 11-12 of this document).

All quotes shall be sent to the Contracting Specialist, Chad.Kemper@VA.gov

EVALUATION SIMPLIFIED ACQUISITION PROCEDURES

Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

Price - Total price will be evaluated by the Government. Bidder shall submit comprehensive quote breaking down parts and labor to complete job.

Technical Capability - Provide enough information so that the quotation may be evaluated to the extent to which it can meet and/or exceed the Governments requirements as outlined in the solicitation. Offerors shall submit a quote that addresses all aspects of the Statement of Work (SOW). The offeror shall identify any subcontractors proposed under this solicitation. All technical elements applicable to the utilization of subcontractors must be addressed in the technical quote and detail provided. The technical submission should be as detailed as necessary to fully explain the proposed methods and rationale.

Self-Certification (signed and returned forms) of Limitations on Subcontracting and Wage Determination compliance.

Past Performance - The Past performance evaluation will assess the relative risks associated with the quoters likelihood of success in fulfilling the solicitations requirements as indicated by the quoters record of past performance. The past performance evaluation may be based on Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/ or any other reasonable basis. Contractor shall provide details of previous contracts, within the last year of similar scope and size of this acquisition, including government contracts. Contractor shall include contract number, Point of Contact, Title, email, phone number, description of services, length of contract, and contract cost.

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

The award will be made to the response most advantageous to the Government. Responses should contain your best terms and conditions.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

RESPONSES ARE DUE: Friday, December 16, 2022, BY 14:00 EDT

This is a Firm Fixed Price (FFP) Contract.

This procurement is being conducted under FAR Part 13, post-award debriefings in accordance with FAR 15.506 will not be conducted.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.
Point of Contact
Chad Kemper
Chad.Kemper@va.gov

*VA has a maximum allowable incoming email size limitation including attachments of seven megabytes. Offerors submitting responses via email which exceed seven megabytes shall split their response into multiple email messages so as to not exceed the maximum allowable email size limitation. The VA is not responsible for late responses due to undelivered e-mails that exceed seven megabytes

852.219-77Â VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction.
As prescribed in 819.7009(c) insert the following clause:
VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]
(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee: _________________________________
Printed Title of Signee: ________________________________
Signature: ______________________________________________
Date: ___________________________________________________
Company Name and Address: _______________________________
_________________________________________________________
(End of clause)

MEMORANDUM FOR RECORD
(Date)

MEMORANDUM FOR RECORD

REFERENCE: (Solicitation Number)

TO: Chad Kemper (Contracting Specialist), NCO-10

FROM: (Company Name)
(Company Street Address)
(City, State and Zip Code)
(DUNS Number and CAGE Code)

SUBJECT: Statement of Department of Labor Wage Determination Compliance
I do hereby certify that the offer submitted by our company in response to the subject solicitation is fully compliant with the requirement that all employees performing services under the resultant contract (if awarded) shall be paid at an hourly rate that is equal to or greater than current Department of Labor Wage Determination (WD) as specified in the Performance Requirements Summary (PRS) section of the Performance Work Statement (PWS) for all labor categories as appropriate for the county in which the VA medical center being support for this requirement resides.
Individual with Authority to Contractually Bind Company:

Full Legal Name (PRINT):
Signature: Date: ______________________

Attachments/Links