Combined Synopsis/Solicitation Notice
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Combined Synopsis/Solicitation Notice
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Combined Synopsis/Solicitation Notice
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This is a combined synopsis/solicitation with 100% SDVOSB/VOSB set-aside for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, 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 2025-06. The associated North American Industrial Classification System (NAICS) code for this procurement is 541110, with a small business size standard of $16 Million. The FSC/PSC is R418. The Department of Veterans Affairs Network Contracting Officer 01 is seeking to purchase the supplies or services described in the following the Performance Work Statement.Â
This is a combined synopsis/solicitation notice synopsizing a solicitation to satisfy the requirements of FAR 5.201 and 5.203. All interested parties should register via SAM.gov interested vendors list. It is the responsibility of the offeror to monitor and download amendments from SAM.gov Federal Business Opportunities, which may be issued to this solicitation. In accordance with FAR 52.204-7, FAR 2.101, and VAAR 802.101, prospective firms must be registered in SAM (www.sam.gov), and in VetCert (Veteran Small Business Certification (sba.gov)) databases prior to award. (Note: In accordance with Public Law 109-461, 38 USC 8127, and NDAA 2021, all vendors claiming Small Business status in accordance with the Veteran's First Contracting Program must be VERIFIED by the Small Business Administration (SBA)). Also, to qualify for a VA contract, vendor must be vendorized by completing Form 10091 at URL  https://www.cep.fsc.va.gov/ .Â
Offerors should carefully follow instructions included in 52.212-1 and for evaluation criteria specified in 52.212-2. Pricing should be identified for the Price/Cost Schedule.                                     Â
Interested persons may contact the Contracting Specialist via email at Paula.Doerfler@va.gov. regarding this procurement. The determination to conduct a competitive procurement based on responses to this notice is solely within the discretion of the Contracting Officer.Â
Description:
This solicitation is set aside for: Service-Disabled Veteran Owned Small Business (SDVOSB).
The Department of Veteran Affairs, VISN 1, NCO 1, on behalf of the VHA Maine Healthcare System, (VHAMEHCS) is seeking to purchase services for legal representation for the filing and disposition of guardianship cases where a Veteran lacks the capacity to speak on their own behalf and there is no legal decision maker that can make decisions necessary for the Veterans care and well-being.
All interested companies shall provide quotations for the following:
Guardianship Service:
Line Item
Description
Quantity
Unit Price
Total Price
Performance Work Statement (PWS)
Guardianship, Special Proceedings regarding Healthcare Proxies
1) BACKGROUND
The VHA Maine Healthcare System (VHAMEHCS) is seeking legal representation for the filing and disposition of guardianship cases where a Veteran lacks the capacity to speak on their own behalf and there is no legal decision maker that can make decisions necessary for the Veterans care and well-being. VHAMEHCS is an integrated healthcare system comprised of a main hospital campus: Togus Medical Center, and 6 community-based outpatient clinics (CBOC). VHAMEHCS is the tertiary care facility for VISN 1 and provides services for Veterans of Maine. The main health care services are outpatient, impatient, extended care and telehealth care.
It is one of the missions of the VHA Maine Healthcare System to serve the Veteran through the delivery of timely quality care by staff who demonstrate outstanding quality service. Our key business drivers are quality, financial integrity, patient satisfaction, and employee satisfaction. Implementing this contract will enable us to better serve at risk Veterans and provide appropriate care in the right location, at the right time and in the least restrictive setting, and enable excellence in customer service, decreased length of stay, decreased health risks associated with hospitalization, and decreased healthcare costs for the Veteran and facility, therefore improving the ability to meet our mission.
Many veterans lack the capacity to make healthcare decisions and efforts are made by the medical center to educate Veterans and families on advance care planning and to establish health care agent documentation. When necessary, a provider will activate health care agent documentation. However, many veterans have been identified to lack the social resources of family or close friends to serve in this vital role: because of serious mental illness, adult orphan status and families who are reluctant or unable to engage in the probate court system but would otherwise act on their family member s behalf if guardianship legal processes are coordinated
and executed by VHAMEHCS in conjunction with the contractor.
The medical center must have the ability to petition the court system to establish a decision maker to obtain informed consent for the purpose of routine and emergency decisions related to care (tests, surgeries, DNR/DNI status or forced administration of psychotropic medications against the patient or surrogate s preferences) and discharge planning (placement and payment/payor sources) needs. This requires the establishment of guardianship and in some instances conservatorship for the purpose of treatment and discharge planning needs. Establishing a designated decision maker is necessary for healthcare providers to provide care.
2) OBJECTIVE
VHAMEHCS is committed to providing Veterans with high quality health care in the most appropriate and least restrictive care setting including those who lack capacity to speak on their own.
3) DEFINITIONS
a. Conservatorship. A type of guardianship where a person who is appointed by a court to manage the estate of a protected person.
b. Health Care Agent. A health care agent (HCA) is a person selected by the patient and named in a Durable Power of Attorney for Health Care (DPAHC) to make health care decisions on the patient s behalf if, or when, that individual cannot do so. In VHA, an HCA is first in the hierarchy of surrogate decision makers and is authorized to make decisions about all types of health care on the patient s behalf. (See VHA Handbook 1004.02 and Department of Veterans Affairs (VA) Form 10-0137, VA Advance Directive: Living Will and Durable Power of Attorney for Health Care (DPAHC)).
c. Legal Guardian. A legal guardian is a person appointed by a court of appropriate jurisdiction to make decisions, including medical decisions, for an individual who has been judicially declared to be incompetent. The appointment may be of limited duration. Under VHA policy, legal guardians have the same authority to make health care decisions as any surrogate authorized under VHA policy. NOTE: Financial or other types of limited guardianship do not always include the authority to make health care decisions.
d. Special Proceeding regarding Healthcare Proxies. A petition to the court filed for the purpose of i. Affirm a health care proxy
ii. Remove a health care agent
iii. Override a health care agent s decision
iv. Determine the validity of the health care proxy
Guardianship, Special Proceedings regarding Healthcare Proxies referred to throughout this document may refer to any of the following state specific definitions and actions.
4) SCOPE OF WORK
a. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform legal services to assist with guardianship requests, except for those items specified as government furnished property and services. The work to be performed under this contract will be performed at the office of the Contractor or the appropriate court of jurisdiction.
b. The Contractor shall provide legal services necessary to represent the VHAMEHCS during the guardianship process to successfully obtain guardianship. Legal services, to include, but not limited to initial review or consultation of the case to determine feasibility of guardianship, court appearances, telephone calls and/or conferences to and from client; office conferences, legal research, depositions, review of file materials and documents sent or received, travel time; waiting time, preparation for trial, hearings and court conference; drafting of pleading, correspondence and office memoranda.
c. The Contractor shall file petitions with the Maine Probate Court on behalf of VHAMEHCS for Veterans who have been determined by the attending physician or health care provider to lack capacity to make decisions for themselves regarding their care. The VA physician or health care provider will complete the Physician Certificates attesting to the above.
d. Pertinent patient information will be transmitted to the Contractor via secure fax or encrypted email by the Social Work Executive or its designee. Contractor shall have established processes to ensure that the information received will be secured and available only to the staff that are involved in the case and no one else. The Contractor will not have access to the VA network. Contractor shall respond to the Social Work Executive or its designee within 24 business hours of receiving the information to confirm receipt.
e. The Contractor shall submit all notifications to interested parties as part of the petition process.
f. The Contractor shall represent the VHAMEHCS in any court hearings related to the petition for guardianship. The Contractor shall work to represent VHAMEHCS during the appeal process and to present the case in the best interest of the client.
g. The Contractor shall prepare any VHAMEHCS staff that are required to testify at the guardianship hearings.
The VHAMEHCS is seeking a contract for legal representation for filing and disposition of Guardianship, Special Proceedings regarding Healthcare Proxies for Veterans who are deemed incapacitated
h. The Contractor shall make available to the VA all copies of records and filings with the Court.
i. The VA program staff will collaborate with the Contractor to provide required medical records and expert testimony.
j. The Contractor shall comply with VA Patient s Bill of Rights as set forth in Section 17.33, Title 38, Code of Federal Regulations.
k. The Contractor will notify the Contracting Officer (CO) or the Contracting Officer s Representative (COR) when the fees and/or hours have reached seventy five percent (75%) of the contracted amount.
l. Invoices shall include the Task Order/Patient Number, date of service, site of activity, activity, quantity of time spent, cost per time unit and extended price. A new PO will be created for each Task Order/Patient Number.
m. It is expected that ninety percent (90%) of the petitions for guardianship will be successful.
n. The Contractor will provide copy of final guardianship documentation to the VHAMEHCS Social Work Service within 24 hours of documents being provided by the Probate court.
o. Hours of Operations: The Contractor will be available on an as needed basis from 8:00 AM to 5:00 PM Monday through Friday, excluding these federal and state specific holidays. The Contractor will not perform services for the VA on these holidays:
New Year s Day
Martin Luther King Jr. Day
President s Day
Patriots Day (State specific)
Memorial Day
Juneteenth
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
5) FACILITY SUPPORTED
main hospital campus
VA Maine Healthcare System
1 VA Center Augusta, ME 04330
Togus VA Medical Center
Phone consultation throughout the healthcare system
6) PLACE OF PERFORMANCE
a. Contractors place of business
b. Maine Probate Court locations throughout Maine locations available:
https://www.courts.maine.gov/courts/find-by-town.html
https://www.ptla.org/maine-probate-courts
7) QUALIFICATIONS
a. The Contractor shall be an active member of the Maine Bar Association and in good standing.
b. The Contractor shall be regularly established in the business of Guardianship, Special Proceedings regarding Health Care Proxies, and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service.
8) CONFIDENTIALITY
a. The VA will provide the Contractor pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of obtaining guardianship. The contractor will work closely with the VHAMEHCS Social Work Service to ensure proper patient information is conveyed. (Vendor will have access to patient social security numbers and birth dates in addition to name and possible medical history). For each new case, a Task Order will be issued. Once the Task Order is awarded, the Vendor shall contact the VHAMEHCS Social Work Service to receive a patient identification number that will correspond with that Task Order.
b. The Contractor shall ensure the confidentiality of all patient information. Patient information is Protected Health Information (PHI). The term Protected Health Information or the abbreviation PHI shall include the term Electronic Protected Health Information and the abbreviation EPHI .
c. The contract shall be subject to the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Business Associates Agreement (BAA) in
accordance with IL 049-03-7 and the Privacy Act of 1974. Federal Acquisition
Regulations 52.224-1 Privacy Act Notification and 52.224-2 Privacy Act are
provided in full text in the FAR. The Contractor shall not release any medical
information that is not needed for the legal case. Reference VHA Directive
1605.01 Privacy and Release of Information dated August 31, 2016 (available
upon request).
d. The Contractor will complete the Contractor Security Controls Assessment (CSCA) within 30 days of the award of the contract and annually thereafter. (See Attachment A)
9) RECORDS
a. All correspondence relating to this contract shall bear the VA Contract number, correct Fiscal Year Purchase Order number, Title and name of facility being billed against.
b. The Contractor is to submit monthly invoice in arrears, indicating the dates and type of service provided, along with the contract number and purchase order number for which payment is due. Contractor shall receive payment for services rendered in accordance with the Prompt Payment Act. I. Will be paid monthly, in arrears, upon receipt of a proper invoice for services performed during the previous month in accordance with the terms of this contract. All invoices shall be submitted by the 15th day of the month following the month in which services were provided.
Payment will be made upon receipt of a properly prepared, itemized invoice, validated by the COR and submitted to VA Electronic Payment System http://www.fsc.va.gov/einvoice.asp.
A properly prepared invoice will contain:
Invoice Number and Date
Contractor s Name and Address
Accurate Purchase Order Number
Total Applications completed
Unit Price Charged
Extended Price
Price Broken Down by Location
Dates service performed
Location of service performed.
A single, consolidated invoice will be prepared for all facilities and submitted monthly in arrears.
c. Contractor personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV/AIDS, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. Section 7332, as defined by the Department of Veterans Affairs shall not have access to the records unless absolutely necessary to perform their contractual duties.
d. Any individual who has access to these data shall disclose them to no one, including other employees of the Contractor not involved in the performance of the particular contractual duty for which access was obtained. Violation of these statutory provisions, as stated in department regulations by which the Contractor s employees must agree to abide may involve imposition of criminal penalties.
e. The VA will afford Veterans all Individual Privacy Rights Described in VHA 1605.04 (e.g. Right of Access, Right to Request Amendment, Right to Request Restriction, Right to Request an Accounting of Disclosures, etc.).
f. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
g. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
h. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
i. VHAMEHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHAMEHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VHAMEHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.
j. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, Documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf without express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VHAMEHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the[contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
k. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHAMEHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
l. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHAMEHCS policy.
m. The Contractor shall not create or maintain any records containing any non-public VHAMEHCS information that are not specifically tied to or authorized by the contract.
n. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
o. The VHAMEHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHABHS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
10) QUALITY ASSURANCE
The Government facilities may at any time inspect and verify that the accuracy of the work compares to that indicated on the invoice. Any deviation will be deducted from the invoice price in accordance with the Quality Assurance Surveillance Plan (QASP). Quality measures that are expected to be tracked include, but may not be limited to, turnaround time on filing an application, timeliness of obtaining a Healthcare Proxy Affirmation, Conservator, to assist in discharge planning, patient satisfaction, and submitting proper invoices with the correct elements.
11) GOVERNMENT FURNISHED ITEMS AND SERVICES
The VHAMEHCS will provide only the information necessary to complete the court
case appropriately. No equipment will be provided.
12) SPECIAL REQUIREMENTS
a. Terms of contract. This will be awarded as a Blanket Purchase Agreement (BPA) type contract with a term of five years.
b. Continuation of Services. Offeror shall submit written contingency plans outlining how they will continue to provide services in the event there is a disruption in any segment of services provided such as transportation, destruction, etc.
c. Vehicles/Transportation. Contractor is responsible for traveling to VHAMEHCS sites and any court jurisdictions as needed in the provision of professional services.
d. Fuel Surcharge. The Government will not make additional payments for fuel surcharges under this contract.
13) SECURITY ACCREDITATION PACKAGE (A&A)
The A&A requirements do not apply, and a Security Accreditation Package is not
required.
PRICE SCHEDULE:
The contractor shall provide legal services outlined in PWS above to support Veteran Health Administration Maine Healthcare System efforts to obtain legal guardians for veterans lacking decision making capacity. The contractor will not perform services unless written documentation is approved by the Contracting Officer (signed STANDARD FORM 1449).
QUALITY ASSURANCE
SURVEILLANCE PLAN
QUALITY ASSURANCE SURVEILLANCE PLAN
INTRODUCTION
This Quality Assurance Surveillance Plan (QASP) has been developed to evaluate contracted programs activities while implementing this Statement of Work (SOW). It is designed to provide an effective surveillance method of monitoring Contractor performance.
The QASP provides a systematic method to evaluate the services the Contracted Program is required to furnish.
This QASP is based on the premise, the Government desires to maintain a quality standard in providing emergency housing and supportive services to its patients. The resulting contract is considered the best means of achieving that objective.
PURPOSE
The Contracted Program, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved.
This QASP does not detail how the Contracted Program accomplishes the work. Rather, the QASP is created with the premise that the Contracted Program is responsible for management and quality control actions to meet the terms of the contract. It is the Government s responsibility to be objective, fair, and consistent in evaluating performance. In this contract the quality control program is the driver for product quality. The Contracted Program is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a self-correcting contract is to ensure that the quality control program approved at the beginning of the contract provides the measures needed to lead the Contracted Program to success. This QASP explains the following:
What shall be monitored.
How monitoring shall take place.
How often monitoring shall take place.
Who shall conduct the monitoring.
How monitoring efforts and results shall be documented.
This QASP is a living document and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the Contracted Program. Copies of the original QASP and revisions shall be provided to the Contractor and Government officials implementing surveillance activities.
Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document shall ensure a robust quality assurance program.
PERFORMANCE STANDARDS
Performance standards define desired services. The Government performs surveillance to determine if the Contracted Program exceeds, meets or does not meet these standards.   The Performance Requirements Summary Matrix is incorporated within this QASP to include performance standards and disincentives. The Government shall use these standards to determine Contracted performance and shall compare Contracted performance to the Acceptable Quality Level (AQL) defined below for each performance requirement.
SURVEILLANCE: The Government quality assurance (QA) person and the COR shall use the surveillance methods listed below in the administration of this QASP.
a. Direct Observation. Direct observation shall be performed periodically or through 100% surveillance. All Performance Standards
b. Periodic Inspection. Evaluate outcomes on a periodic basis. Inspections may be scheduled Daily, Weekly, Monthly, Quarterly, Annually or unscheduled, as required. All Performance Standards
c. Progress or status meetings. All Performance Standards
d. Complaints. Complaints from agency personnel shall be passed on to the Contractor's quality control inspector (QCI) for correction. All Performance Standards
STANDARD: Customer complaints shall not exceed the thresholds cited above for each performance objective. The Government s QA personnel shall notify the contracting officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 1997) or the appropriate Inspection of Services clause, if any of the above service areas exceed the customer complaint thresholds.
DOCUMENTING PERFORMANCE
a.  Acceptable Performance: The Government shall document performance. Any report may become a part of the supporting documentation for any contractual action.
b. Unacceptable performance: When unacceptable performance occurs, the COR shall inform the Contractor. This shall normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.Â
When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the Contracting Officer (CO). In turn, the CO shall present the CDR to the Contractor s contracting personnel.
The Contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR shall also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to determine acceptability.
Any CDRs will become a part of the supporting documentation for any contractual action deemed necessary by the CO.
SURVEILLANCE: The Government evaluator shall evaluate the services required by each delivery/task order to ensure complete compliance.
PROCEDURES: The Government evaluator shall inspect to ensure Contractor compliance with the appropriate section of the Statement of Work (SOW) periodically. The evaluator shall record results of inspection, noting the date and time of inspection. If inspection indicates unacceptable performance, the Government evaluator shall notify the CO and/or QCI of the deficiencies within 3 business days and have QCI correct said deficiencies. Contractor shall be given notification to correct the deficiencies within a reasonable amount of time, on a case-by-case basis. The CO shall have the final authority on the amount of time the Contractor has to correct the deficiency. The evaluator shall not issue a receiving report accepting the services for the month in question until all deficiencies have been corrected.
FREQUENCY OF MEASUREMENT: During contract performance, the COR shall periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed. Performance Assessment Meetings will be conducted quarterly. The Government may, at its discretion, choose any time, announced or unannounced, to have VA personnel inspect the contractor s files.
The COR shall meet with the Contractor quarterly to assess performance and shall provide a written assessment.
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.
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 Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is
Required FAR Provisions, as applicable:
FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (SEP2023) (DEVIATION OCT 2025)
FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) (DEVIATION OCT 2025)
Evaluation Factors: Award will be made to the quote that represents the best value to the Government, considering the following factors: Price, Technical, and Past Performance.
Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 12.201-1. Comparative evaluation is the side-by-side comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.
The following are the decision factors: Price, Technical, and Past Performance.
Price:
Complete Line items of this solicitation, which will be completed by the offeror.
Technical: The offeror s quote shall be evaluated to determine if the contractor has the capabilities to provide quality supplies/services in a timely and efficient manner.
Meeting the specifications of the Statement of Work.
Sub-Contracting (if applicable): If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort, along with 2 references for past performance.
Past Performance:
Provide 2 references for the same or equivalent performance.
The award will be made to the response most advantageous to the Government. Responses should contain your best terms and conditions.
ATTN: www.sam.gov registration is required to be complete at time of submission of response.
Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal.
FAR 52.204-7, System for Award Management Registration (NOV 2024) (DEVIATION NOV 2025) [when offerors are required to be registered in SAM.
Required FAR Clauses, as applicable:
FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services(NOV 2023) (DEVIATION OCT 2025)
FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998)
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaulpart-
52#FAR_52_252_2 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)
FAR 52.204-13 System for Award Management-Maintenance (OCT 2018) (DEVIATION NOV 2025)
FAR 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded . (JAN 2025) (DEVIATION NOV 2025)
FAR 52.219-6, Notice of Total Small Business Set-Aside . (NOV 2020) (DEVIATION NOV 2025) [in solicitations involving small business set-asides. Includes multiple award
contracts when orders may be set aside for any of the small business concerns identified in RFO FAR 19.000(a)(3)].
FAR 52.222-35, Equal Opportunity for Veterans . (JUN 2020) (DEVIATION NOV 2025) [$200,000 or more except when work is performed outside of US by employees recruited
outside of US or agency head waives all terms of the clause].
FAR 52.222-36, Equal Opportunity for Workers with Disabilities . (JUN 2020) (DEVIATION NOV 2025) [Solicitations and contracts in excess of $20,000, except when work is to be performed outside the US or as waived by the Director of OFCCP or agency head].
FAR 52.222-41, Service Contract Labor Standards . (AUG 2018) (DEVIATION NOV 2025) [If RFO FAR Subpart 22.10 applies & over $2,500].
FAR 52.222-50, Combating Trafficking in Persons . (NOV 2021) (DEVIATION NOV 2025) [all solicitations and contracts]. ALT I (MAR 2015) (DEVIATION NOV 2025) [Contract performance outside U.S. and CO has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of off-limits local establishments) that apply to contractor employees at the contract place of performance].
FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) [insert in all solicitations and contracts, including those for commercial products /services, except those that result in contracts where delivery/place of performance is outside the U.S.]
FAR 52.224-3, Privacy Training . (JAN 2017) [in solicitations and contracts when, on behalf of the agency, contractor employees will 1) have access to a system of records; 2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information; or 3) Design, develop, maintain or operate a system of records.]
FAR 52.240-91, Security Prohibitions and Exclusions. (DEVIATION NOV 2025) [all
solicitations and contracts EXCEPT FSS/GWAC/multi-agency contracts and where program office or the requiring activity instructs the CO to select specific types of FASCSA (Federal Acquisition Supply Chain Security Act) orders.]
FAR 52.216-18, Ordering (AUG 2020) [in solicitations and contracts when a definite quantity/ requirements/indefinite-quantity contract is contemplated].
FAR 52.216-19, Order Limitations (OCT 1995) [in solicitations and contracts when a definite quantity/ requirements/indefinite-quantity contract is contemplated]].
FAR 52.216-24, Limitation of Government Liability (APR 1984) [letter contracts only; see RFO FAR 16.603-4(b)(2)].
FAR 52.216-32, Task-Order and Delivery-Order Ombudsman . (SEP 2019) [in solicitations and contracts when a multiple-award task or delivery order contract is contemplated.]
FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000) [use when options are appropriate; see RFO FAR 17.203(g)].
FAR 52.203-16, Preventing Personal Conflicts of Interest (JUN 2020) [over SAT and sol. Includes services that involve performance of acquisition functions closely associated with inherently Government functions; Do not insert in solicitations & contracts with a self-employed individual if acquisition functions are performed entirely by self-employed individual vs. an employee of the contractor] [see RFO FAR 3.1106].
FAR 52.224-2, 52.224-2 Privacy Act (APR 1984) [use when the design, development, or operation of a system of records on individuals is required].
FAR 52.237-3, Continuity of Services (JAN 1991) [use when services are vital to the Govt.& must be continued without interruption when transitioning from one contractor to another or from contractor to the Government and the Government anticipates difficulties in the transition, e.g., for services in remote locations or personnel need special security clearances; see RFO FAR 37.802-5(c)].
VAAR Provisions:
VAAR 852.223-70, Instructions to Offerors Sustainable Acquisition Plan (SEP 2019)
VAAR 852.273-74, Award without Exchanges (NOV 2021) [If under 38 USC 8153 and is for acquisition of health-care resources consisting of commercial services or the use of medical equipment or space, use if award may be made without exchanges with
vendors per VAAR 873.113(f)].
VAAR Clauses:
VAAR 852.201-70, Contracting Officer s Representative (DEC 2022)
VAAR 852.203-70, Commercial Advertising (MAY 2018).
VAAR 852.208-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors Orders or BPAs (JAN 2023) (DEVIATION) [when SDVOSB/ VOSB set aside is not feasible, use for task orders, delivery orders or BPAs using evaluation factors other than price alone].
VAAR 852.208-71, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factor Commitments Orders and BPAs (JAN 2023) (DEVIATION).
VAAR 852.211-72, Technical Industry Standards (NOV 2018)
VAAR 852.219-73, VA Notice to Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses (JAN 2023) (DEVIATION)
VAAR 852.219-75, VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction (JAN 2023) (DEVIATION)
VAAR 852.232-72, Electronic Submission of Payment Requests (NOV 2018)
All quoters shall submit the following based on Price, Technical, and Past Performance.
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."
Award will be based upon a comparative evaluation of quotes using simplified procedures applicable to commercial acquisitions in accordance with FAR 12.201-1. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.
The award will be made to the response most advantageous to the Government.
Responses should contain your best terms and conditions.
Submission of your response shall be received not later than 07/24/2026 at 12:00 PM EST and e-mail sent to Paula.Doerfler@va.gov. All questions will be received not later than 07/21/2026 at 12:00 PM EST via e-mail sent to Paula.Doerfler@va.gov. Response to questions will be answered by an Amendment.
