R--Consultant

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106(b)(1). Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received prior to 11/07/11 will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The solicitation number, VA-261-12-RQ-0083 is issued as a Request for Quotation (RFQ). This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53 effective August 4, 2011 and Veterans Affairs Acquisition Regulation Supplement (VAAR) current to January 7, 2010. The North American Industry Classification System (NAICS) Code for this acquisition is 541330, Size Standard: $4.5 MIL. This procurement is 100% set aside for SDVOSB. Requirement Description: ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT NO. SUPPLIES/SVCS PRICE 1 1 YR _______________ __________________ This is a renewal of annual consulting services: Contractor shall provide follow-up on previous recommendations of Life Safety, Emergency Management, Biomedical Engineering, Utilities Management, Hazardous Materials, and Security Management programs at the Veterans Affairs Palo Alto Health Care System (VAPAHCS). All services shall be in accordance with the attached Statement of Work. Wage Determination 05-2059 (rev.-12) applied if the vendor cannot certify to FAR 52.222-52 -Exemption From Application Of The Service Contract Act To Contracts For Certain Services--Certification (Nov 2007). ____________________ GRAND TOTAL --- ==================== SOLICITATION PROVISIONS/CONTRACT CLAUSES: 52.212-1 Instructions to Offerors - Commercial Items (Jun 2008). 52.212-3 Offeror Representations and Certifications -- Commercial Items (Aug 2009): Offerors must include a completed copy of the provision with its offer. If the offeror has completed online representations and certifications at https://orca.bpn.gov/, the offeror only needs to complete paragraph (b). If the offeror has not completed online representations and certifications, the offeror must complete all relevant portions of this provision. 52.212-4 Contract Terms and Conditions -- Commercial Items (Jun 2010). 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2011) For the purposes of this clause items (b) 7, 11, 21, 24, 25, 26, 27, 29, 30, 37, 38, 40, 43, 46 are considered checked and apply. 52.222-41 Service Contract Act of 1965 NOV 2007 52.222-42 Statement of Equivalent Rates for Federal Hires MAY 1989 52.222-52 -Exemption From Application Of The Service Contract Act To Contracts For Certain Services--Certification (Nov 2007) (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that— (1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An “established catalog price? is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An “established market price? is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; (3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Act— (1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision— (1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements, will not be included in any resultant contract to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of provision) 52.222-53 - Exemption From Application Of The Service Contract Act To Contracts For Certain Services--Requirements (Feb 2009) (a) The services under this contract are offered and sold regularly to non-Governmental customers, and are provided by the Contractor to the general public in substantial quantities in the course of normal business operations. (b) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An “established catalog price? is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An “established market price? is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Contractor. (c) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract. (d) The Contractor uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the Contractor uses for these employees and for equivalent employees servicing commercial customers. (e) (1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt services shall be selected for award based on other factors in addition to price or cost with the combination of other factors at least as important as price or cost; or (2) A subcontract for exempt services shall be awarded on a sole-source basis. (f) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contractor shall determine in advance, based on the nature of the subcontract requirements and knowledge of the practices of likely subcontractors, that all or nearly all likely subcontractors will meet the conditions in paragraphs (a) through (d) of this clause. If the services are currently being performed under a subcontract, the Contractor shall consider the practices of the existing subcontractor in making a determination regarding the conditions in paragraphs (a) through (d) of this clause. If the Contractor has reason to doubt the validity of the certification, the requirements of the Service Contract Act shall be included in the subcontract. (g) If the Department of Labor determines that any conditions for exemption at paragraphs (a) through (e) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the Service Contract Act. In such case, the procedures in at 29 CFR 4.123(e)(2)(iii) and 29 CFR 4.5(c) will be followed. (h) The Contractor shall include the substance of this clause, including this paragraph (h), in subcontracts for exempt services under this contract. (End of clause) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998). For the purpose of this provision, the fill-in's are provided at: https://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/ 52.252-2 Clauses Incorporated by Reference (Feb 1998). For the purpose of this clause, the fill-in's are provided at: https://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/ 852.203-70 COMMERCIAL ADVERTISING JAN 2008 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) To improve the timeliness of payments and lower overall administrative costs, VA strongly encourages contractors to submit invoices using its electronic invoicing system. At present, electronic submission is voluntary and any nominal registration fees will be the responsibility of the contractor. VA intends to mandate electronic invoice submission, subject to completion of the federal rulemaking process. At present, VA is using a 3rd party agent to contact contractors regarding this service. During the voluntary period, contractors interested in registering for the electronic system should contact the VA's Financial Services Center at http://www.fsc.va.gov/einvoice.asp. (End of Clause) Contracting Office Address: Department of Veterans Affairs; VISN 21 3801 Miranda Avenue, 90CCA Palo Alto, CA 94304 Primary Point of Contact: Carol Lam contact@example.gov Phone: +1 (555) 000-0000 X65825 Fax: +1 (555) 000-0000