36C10D23Q0047_2.docx

36C10D23Q0047

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

VA

36C10D23Q0047 08-11-2023

GREGORY STEVENS

313-354-2194 08-21-2023

10AM

EDT

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006 X X 541350 $11.5 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Loan Guaranty Service (LGY) 1800 G Street NW Washington

DC

20006 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington

DC

20006

All invoices must be uploaded via the Tungsten Network website

See CONTINUATION Page The contractor will provide property inspection oversight services to the Department of Veterans Affairs pursuant to the terms, conditions and pricing contained herein.

See CONTINUATION Page X X Jorge L. Martin

VA-VBA-2023-0039

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 INVOICING INSTRUCTIONS

General invoicing instructions are included here.

Payment provided under the terms of this purchase order will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Purchase Order Number.

All invoices need to also be submitted using the same line item format in the Purchase Order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov FSC Internet: http://www.fsc.va.gov/einvoice.asp

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor will provide CAU with a Web based portal pursuant to the terms of the Statement of Work.

Contract Period: Base POP Begin: 09-15-2023 POP End: 09-14-2024 PRINCIPAL NAICS CODE: 541350 - Building Inspection Services PRODUCT/SERVICE CODE: H999 - Other Quality Control, Testing, and Inspection - Miscellaneous

Contractor will complete approximately 75 real property oversight inspections a month (75x12 months = 900 annually) and, by the 5th day of following month, will upload into the reporting system all inspections from the previous month.

POP Begin: 09-15-2023 POP End: 09-14-2024

On a quarterly basis the contractor will conduct a Teams meeting with CAU to review results of the previous quarter's inspections, discuss findings, trends, issues, and other items as needed.

POP Begin: 09-15-2023 POP End: 09-14-2024

Contractor will provide CAU with a Web based portal pursuant to the terms of the Statement of Work.

Contract Period: Option 1 POP Begin: 09-15-2024 POP End: 09-14-2025

Contractor will complete approximately 75 real property oversight inspections a month (75x12 months = 900 annually) and, by the 5th day of following month, will upload into the reporting system all inspections from the previous month.

POP Begin: 09-15-2024 POP End: 09-14-2025

On a quarterly basis the contractor will conduct a Teams meeting with CAU to review results of the previous quarter's inspections, discuss findings, trends, issues, and other items as needed.

POP Begin: 09-15-2024 POP End: 09-14-2025

Contractor will provide CAU with a Web based portal pursuant to the terms of the Statement of Work.

Contract Period: Option 2 POP Begin: 09-15-2025 POP End: 09-14-2026

Contractor will complete approximately 75 real property oversight inspections a month (75x12 months = 900 annually) and, by the 5th day of following month, will upload into the reporting system all inspections from the previous month.

POP Begin: 09-15-2025 POP End: 09-14-2026

On a quarterly basis the contractor will conduct a Teams meeting with CAU to review results of the previous quarter's inspections, discuss findings, trends, issues, and other items as needed.

POP Begin: 09-15-2025 POP End: 09-14-2026

Contractor will provide CAU with a Web based portal pursuant to the terms of the Statement of Work.

Contract Period: Option 3 POP Begin: 09-15-2026 POP End: 09-14-2027

Contractor will complete approximately 75 real property oversight inspections a month (75x12 months = 900 annually) and, by the 5th day of following month, will upload into the reporting system all inspections from the previous month.

POP Begin: 09-15-2026 POP End: 09-14-2027

On a quarterly basis the contractor will conduct a Teams meeting with CAU to review results of the previous quarter's inspections, discuss findings, trends, issues, and other items as needed.

POP Begin: 09-15-2026 POP End: 09-14-2027

Contractor will provide CAU with a Web based portal pursuant to the terms of the Statement of Work.

Contract Period: Option 4 POP Begin: 09-15-2027 POP End: 09-14-2028

Contractor will complete approximately 75 real property oversight inspections a month (75x12 months = 900 annually) and, by the 5th day of following month, will upload into the reporting system all inspections from the previous month.

POP Begin: 09-15-2027 POP End: 09-14-2028

On a quarterly basis the contractor will conduct a Teams meeting with CAU to review results of the previous quarter's inspections, discuss findings, trends, issues, and other items as needed.

POP Begin: 09-15-2027 POP End: 09-14-2028

B.4 STATEMENT OF WORK

Contract Assurance Unit (CAU) Quality Control Property Inspections

1.0 Background

The mission of Loan Guaranty Service (LGY) is to maximize opportunities for Veterans and Service members to obtain, retain, and adapt homes by providing a viable and fiscally responsible benefit program in recognition of their service to the nation. LGY has experienced substantial growth and significant program change over the last several years. More veterans, service members and mortgage professionals have realized advantages the Department of Veterans Affairs (VA) home loan benefit provides. Congress has also passed several pieces of legislation that expanded access and eligibility and added operational complexity to the program.

As a byproduct of the VA Loan guarantee program, VA may become the holder of Real Estate Owned (REO) properties. VA procures a contractor to list and sell these assets, and to service our Direct Loans. Property Management is the unit of Loan Guaranty tasked with monitoring performance of the Real-estate Owned Portfolio Services Contract (RPSC) and conducting oversight of our contractor, Vendor Resource Management (VRM) and their sub-contractors.

Three years ago, a National Emergency was declared due to COVID-19 and the steps necessary to prevent the spread of the virus. This emergency cancelled all travel and field monitoring of VRM and the properties they handle as part of the RPSC on behalf of the VA. This lack of oversight for the last three years has led the VA to re-examine the way field oversight is conducted moving forward to protect its employees. This gap in oversight over the last three years has potentially given rise to new issues with the properties. These issues include but are not limited to weather disasters causing additional damage to the properties, pest infestations, mold, deterioration of exterior, steps, decks, and stairs that pose a hazard for VA employees, and squatters and other unauthorized occupants.

Now with the National Emergency declaration concluded in May of 2023 travel and the budgetary cost associated with it are being examined closely. Due to the pandemic and the current economic conditions all costs associated with travel including hotels, air flights, rental cars and meals have increased exponentially since CAU last traveled in February 2020.

Based on these concerns and the environment in which we are operating, LGY Property Management has decided to contract with a third party National REO contractor to conduct Quality Control field inspections on properties managed and overseen by the primary contractor on the Property Management Service Contract. These inspections will be conducted monthly based on a random sample (see methodology in section 3) pulled by CAU management and sent to the contractor. Once completed the contractor will upload the inspections along with all pictures into a reporting system to which CAU will be given access. Each quarter the contractor and CAU will have a Teams call to review the previous quarter and discuss issues noted, trends and various other topics as necessary.

2.0 Scope or Purpose

The purpose of this Statement of Work (SOW) is to engage a third party National REO service contractor to conduct monthly Quality Control field audits based off a random sample pulled by VBA LGY CAU. These audits would be conducted on properties maintained by the primary contractor on the Property Management Service Contract between VBA LGY CAU and Vendor Resource Management. These inspections would replace most of the field inspections presently conducted by CAU Realty Specialists. CAU will continue to conduct limited inspections of properties that have been inspected by both contractors to ensure compliance and accuracy of the work provided.

3.0 Contract Assurance Requirements

By using a statistically valid sampling methodology, CAU can ensure every property assigned to the service provider could be selected for field review. Statistically, the selected sample would represent the population of all properties assigned to VRM that have not been sold, redeemed, or withdrawn. By using a 90% confidence level and a 10% confidence interval, a sample of 67 locations would need to be field reviewed in this quarter by CAU-PM staff, to ensure proper oversight of the service provider’s handling of assigned properties. Based on this sampling level, we can confidently say that 9 out of 10 properties are in the condition discovered during field reviews.

To determine the sample size, a sample size calculator was used at http://www.macorr.com/sample-size-calculator.htm. A confidence level of 90%, and a confidence interval of 10% was utilized. The total population of the properties in inventory at the time of this writing (October 2017) is 7597. This resulted in a sample size of 67. As the VA Property Management inventory size changes, the sample size could change.

Since some properties may be sold, withdrawn, or redeemed prior to inspection, at the beginning of each quarter a statistically valid random sample of 75 locations would be selected for field review. If there is a property that has been sold, withdrawn, or redeemed, another property selection will be made starting first with zip code, city, county, and region. If another property is not located in close proximity, another property will be searched within an adjoining county or the region.

The service provider’s system has the capability to provide a report of all of the locations in which VA has an assigned property. By assigning properties as a proxy for locations, we can take the service provider’s report of property addresses and use Excel’s random number function to select the sample of property locations that need to be field reviewed. Utilizing the 67 properties in the list that the CAU-PM Assistant Chief pulled for the quarter, the CAU-PM Realty Specialist will review the properties in inventory by pulling an updated list prior to the trip. This will ensure their assigned properties are still active and have not been sold, redeemed, or withdrawn from the inventory.

This will be done seven to ten business days prior to the field inspection trip. If for any reason a property that was originally selected for field review is no longer available due to sale or other disposition, another property in the same locale would be selected in its place so as not to overly disrupt any scheduled trips to that area. If the property is no longer in the inventory, a property would be selected in the same ZIP code, city, county, or region, in that order of selection. If there are not any other properties from the inventory in the selected location, we would add the next closest area with a property for that trip. The CAU-PM staff will work with management to select the property. If there isn’t a feasible addition, another random property from the original list of 75 will be selected.

Since every property assigned to the service provider would potentially be eligible for review, this will result in some properties being selected that are in a location in which it is not cost effective to send CAU-PM staff. In these instances, a liquidation appraisal would be ordered (with the field inspection checklist added as an addendum) so that an appraiser could gather the needed information. CAU-PM staff would then conduct an in-house review utilizing the appraiser’s documentation to make the proper determination of the contractor’s performance. These appraisals would be ordered via Web LGY (an internal VA system where loan information is stored) with payment being made by the RPSC service provider, who would seek reimbursement on their reimbursement invoice.

CAU-PM on an as needed basis will complete additional reviews of properties in inventory that fall into the following categories:

A. Properties that have been sold through the HSP program.

B. Properties where there is a high concentration of inventory.

C. Properties identified with specific circumstances that are brought to light during the course of the quarter. This may be situations such as disaster areas, issues with specific brokers, etc.

The purpose of the additional reviews is to ensure contract compliance, some of which will be reported outside of the quarterly performance. This sampling method was used in the three (3) years prior to COVID and a total of 2,628 reviews were conducted by CAU staff. This breaks down to 876 reviews per year on average or 73 reviews per month.

By utilizing this method, CAU will provide to the contractor a monthly random sample that will comprise the basis for the QC Inspections. The contractor will conduct this inspection to include an interior and exterior inspection along with photos of the property including any issues uncovered during the inspection. The photos will include a front of house, proof of address photo, rear of home, several interior photos to show condition, and photos of any issues noted. Upon completion of the inspections the contractor will upload them onto the reporting system so VA CAU can review, print, and pull reports as CAU deems necessary. All reports, photos and any other documentation once uploaded become property of VA VAB CAU.

During the inspection, if the contractor uncovers a major safety, security, or other serious issue, they will call the designated CAU contact and report it so it can be addressed.

4.0 Task and Deliverables

The contractor will provide all required deliverables described within this document. All deliverables will be submitted to the Contracting Officer Representative (COR) and the designated Contract Assurance Unit (CAU) employee in accordance with the SOW and meet all quality standards.

The Contractor will deliver the following throughout the period of performance:

Task / Deliverable 1: Contractor will provide CAU with a Web based portal where CAU can view, print, download, and pull reports of the monthly QC Inspections. The portal will have the following features:

· Web Based with password access;

· a report builder that can produce reports in Excel and use an XML format so the reports can be uploaded to Web LGY;

· the ability to view the reports and pictures the contractor has taken of the properties.

This deliverable is due within two (2) weeks of contract inception. After contract award the Government will advise the contractor of those specific areas contractors will need to focus on during their inspections.

Task / Deliverable 2: On a monthly basis, by the 5th day of the month, the contractor will upload into the reporting system all inspections from the previous month for CAU review.

Task / Deliverable 3: On a quarterly basis the contractor will conduct a Teams meeting with CAU to review results of the previous quarter inspections, discuss findings, trends, issues, and other items as needed. This will be a regularly scheduled meeting between the contractor and CAU with the date to be agreed upon by both parties.

5.0 Delivery Schedule

On a monthly basis the contractor will make available in the web portal the QC Inspection reports along with pictures from each inspection. The inspection reports for the previous month need to be uploaded no later than the 5th business day of the next month. These reports will be searchable in the reporting system by address, property identification number or another unique identifier as determined by VBA CAU.

6.0 Status Updates and Reporting

The contractor will hold quarterly calls with VA CAU to review results, findings and concerns with the QC Inspections performed by the contractor.

7.0 Government Furnished Information, Equipment and Facilities The selected contractor will have access to Government furnished data. This data will form the basis of the QC Property Inspections spelled out in Section 2.0. The selected contractor will not have access to government equipment, facilities, and / or networks.

8.0 Travel

Loan Guaranty Contract Assurance Unit expects the selected contractor to travel once a year for an On-Site Annual Meeting in Nashville at CAU Offices or a similar location to be agreed upon by both parties. Each party is responsible to cover their own travel cost.

9.0 Period of Performance

The initial contract will be let for a one (1) year term beginning approximately 09/15/2023 and running through 9/14/2024. There will be four (4) option terms that run for one (1) year each. Each option year would be at the discretion of Veterans Benefit Administration Loan Guaranty Contract Assurance Unit. There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

If any of the above falls on a Saturday, then the Friday before said date will be observed as a holiday. Similarly, if one falls on a Sunday, then the Monday following said date will be observed as a holiday.

The other six federal holidays are set by a day of the week and month:

10.0 Place of Performance

The place of performance of this contract will be primarily in the field at each property location chosen for inspection. Additionally, the reports and data that are compiled by the contractor will be compiled and housed at the contractor’s primary location.

11.0 Contractor’s Key Personnel

The contractor will furnish to LGY CAU a primary point of contact and several additional back up points of contact. These employees will be chosen by the contractor and be in their employment in good standing.

12.0 Data Security Requirements

All data furnished to contractor from the VA will be covered under a Data Security Agreement and an MOU between the VA and the contractor. Both agreements are required to operate under this SOW.

13.0 Section 508- Electronic and Information Technology Standards This directive provides VA-wide policy to ensure VA employees and members of the general public with disabilities have access to and use of VA’s electronic and information technology (EIT) comparable to that provided to persons without disabilities. This is in compliance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (Public Law 105- 220). Section 508 of the Rehabilitation Act of 1973, as amended, requires all EIT developed, procured, maintained, or used by Federal agencies on or after June 21, 2001, must meet EIT accessibility standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board), as set forth at 36 CFR Part 1194. The law also requires Federal agencies to ensure individuals with disabilities who are Federal employees or members of the public seeking information or services from a federal agency, have access to and use of information and data comparable to that provided to Federal employees or members of the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

This policy supports one of the goals of VA’s Strategic Plan: “To create an environment that fosters the delivery of One-VA world class service to VA employees, veterans and their families through effective communication and management of people, technology, business processes, and financial resources.

GENERAL REQUIREMENTS

Contractors, contractor personnel, subcontractors, and subcontractor personnel will be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

VA Background Investigation Information Language

SECURITY

All contractors and contractor personnel will be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C.§552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program; and VA Handbook 6500.6. See attached VA 6500.6 Appendix C, which is incorporated in the resulting task order to ensure appropriate security controls are in place.

Contractor Personnel Security

a. Any individual who requires access to the VA site(s), personally identifiable information (PII) and/or access to VA local area network (LAN) systems will be the subject of a favorable fingerprint check (SAC) adjudicated by VBA Personnel Security Office (PERSEC). Individuals are required to complete a background investigation and must receive a favorable adjudication from the VA Personnel Security and Adjudication Center (PSAC). These requirements are applicable to all sub-contractor personnel requiring any Background Investigation (BI) conducted by Defense Counterintelligence Security Agency (DCSA).

b. The level of BI will be in accordance with VA Directive 0710 dated June 4, 2010 and is available at http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FTyp.

Background Investigation: The contractor employee level of BI required for this effort is:

Low Risk (T1) Security – Employees Moderate Risk (T2) – Managers and Directors Note: The position sensitivity should reflect the results from the completion of the PDAT versus the title of the individual.

Investigation Documents: Immediately after contract award, the COR will provide the contractor with the following background investigation documents to be completed by the contractor and returned through the COR to VBA PERSEC to begin the background investigations process for all contract employees working on the contract who will have access to VA/VBA facilities, VA systems, or privacy data:

1. Background Investigation Request Worksheet

1. Optional Form 306 – Declaration of Federal Employment

1. VBA Contractor Fingerprint Request Form

1. VA Form 0710 – Authorization for Release of Information Fair Credit Report (if T2 or higher)

1. (SC) Self-Certification Form (if applicable)

1. VA Form 0711 – Request for Personal Identity Verification Card

1. SIC Contractor Background Request Form (unsigned)

Submitting Completed Package: Upon receipt of documents listed above from the COR, the COR will submit the background investigation package to VBA’s Personnel Security Specialist. Upon notification of favorable fingerprint results, the COR should request the official VA email account and will be notified of all background investigation requirements preventing the contractor from an immediate onboard. Thereafter, the contractor will receive an email notification from DCSA including detailed instructions regarding completion of the background clearance application process in the Electronic Questionnaires for Investigations Processing (e-QIP) system. e-QIP is an online, internet accessible system, where the contractor employee will complete the security questionnaire required for OPM to process background investigation. Once the e-QIP is released by VBA PERSEC, scheduled by OPM, the contractor may begin work while the background investigation is ongoing.

Reciprocation: Contractors who have a current favorable background investigation previously conducted by OPM or DCSA may be accepted through reciprocation. When a previous personnel security clearance is currently held, it does not preclude the contractor form submitting a complete Background Investigation Package as stated above to the COR immediately after contract award for all contractor employees who will be working on the contract.

Pre-Screen: The contractor will prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain U.S. citizenship or Alien Registration that authorizes them to work in the U.S., and are able to read, write, speak, and understand the English language.

Contractor Performance: Contract performance will not commence before

1. The VBA has confirmed favorable fingerprint results, or

1. PSAC confirms that it has received the contractor’s investigative documents, the documents are complete, and the background investigation information has been released to OPM for scheduling of the background investigation, or

1. VBA or the PSAC has confirmed the verified investigation will be reciprocated.

Copy of Certificate of Investigation (COI): The COR will notify and forward the contractor a copy of the Certificate of Investigation when the background investigation has been favorably completed or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The contractor, if notified of an unfavorable adjudication by the Government, will withdraw the employee from consideration from working under the contract. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

Responsibility: The contractor will be responsible for the actions of those contract and subcontract employees it provides to perform work for the VBA. In the event damage arises from work performed by contractor employees the contractor will be responsible for resources necessary to remedy the incident.

Vendor Selection: Should the contractor use a vendor other than OPM or DCSA to conduct background investigations, the investigative company must be certified by OPM/DCSA to conduct contractor background investigations. The Vendor Cage Code number must be provided to the VA PSAC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be granted.

Investigative History: The investigative history for contractor personnel working under this contract must be maintained in the databases of either OPM or DCSA.

Government Responsibilities:

· After the VBA PERSEC has quality controlled the BI package from the contractor, the VBA PERSEC will send a courtesy e-mail notification to the contractor and the COR identifying the e-QIP email from DCSA including detailed instructions regarding completion of the BI application process and the level of background that was requested.

· Upon receipt of required background investigative documents, VBA PERSEC will review the background investigative documents for completion and initiate the background investigation by forwarding the background investigative documents to OPM to conduct the BI. If the background documents are not complete, VBA PERSEC will notify the contractor and COR of deficiencies and include corrective instructions.

· VBA PERSEC will pay for background investigations and reciprocals processed through the VA PSAC and conducted by OPM in advance.

· The COR will notify and forward the contractor a copy of the Certificate of Investigation when the BI has been favorably adjudicated or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The COR will also notify the contractor of an unfavorable adjudication by the Government.

Training

a. All contractor and sub-contractor personnel requiring access to VA information and VA information systems will complete the following before being granted access to VA information and networks:

1) Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems.

2) Successfully complete any cyber security or privacy training as required for VA personnel with equivalent information and/or system access.

b. The contractor will provide to the Contracting Officer a copy of the training certificates and signed Rules of Behavior for each applicable employee within 30 days from the date TMS access is granted and annually thereafter, as required. These online courses are located at https://www.tms.va.gov/learning/user/login.jsp 36C10D23Q0047

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 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 of purchase order expiration date..

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of purchase order expiration date.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.4 52.222-49 SERVICE CONTRACT LABOR STANDARDS—PLACE OF PERFORMANCE UNKNOWN (MAY 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: . The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by within 10 days of purchase order award date.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause) C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran…