36C10D24Q0234 RFQ.docx

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

F36B306-24-0000013

36C10D24Q0234 07-30-2024 Carol Roth 385-242-0366 08-16-2024

2:00 PM

EDT

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

X

811210 $34 Million

N/A

Department of Veterans Affairs Veterans Benefits Administration New York Regional Office 201 Varick Street, 4th Floor New York NY 10014 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

See Section A.3 Invoicing Instructions

See CONTINUATION Page

This solicitation is to provide repair to the Uninterrupted Power Supply (UPS) and Power Distribution

Unit (PDU), at the New York Regional Benefits Office.

This requirement is a Total Service-Disabled Veteran Owned Small Business set-aside in accordance with Public Law 109-

461. Veterans First Program. Only quotes from SDVOSB vendors that are registered in the SBA VetCert website shall be considered for award. Quotes from contractors not registered in SBA VetCert will be rejected as nonresponsive.

All questions pertaining to this solicitation shall be submitted VIA email to carol.roth@va.gov no later than 08/06/2024 at 2:00 PM EST. Questions shall be answered VIA amendment to the solicitation.

All quotes shall be submitted to carol.roth@va.gov no later than 08/16/2024 by 2:00 PM EST.

See CONTINUATION Page

Jorge Martin, Contracting Officer

VA-VBA-2023-0039

Table of Contents

A.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10D Carol Roth 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:

A.3 INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made upon delivery and acceptance 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 ensure that when the invoice is submitted in Tungsten by a contractor employee that the PO# (Given at time of Award) is used and please include the respective Contract line-item number (CLIN) which is being invoiced, such as 0001. Please also ensure that the uploaded invoice document’s description matches the contract’s line-item number information such as: Item number 0001, Quantity, Unit of issue, Unit Price, Extended Price and Period of Performance. Failure to follow these instructions will result in a rejection of the invoice by the VA Financial Service Center personnel.

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

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SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor will provide one (1) preventative maintenance visits per year and as-needed, on-call repair and maintenance services of the UPS system as described in the Statement of Work.

Contract Period: Base POP Begin: 09-25-2024 POP End: 09-24-2025 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Contractor will provide one (1) preventative maintenance visits per year and as-needed, on-call repair and maintenance services of the UPS system as described in the Statement of Work.

Contract Period: Option 1 POP Begin: 09-25-2025 POP End: 09-24-2026

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Contractor will provide one (1) preventative maintenance visits per year and as-needed, on-call repair and maintenance services of the UPS system as described in the Statement of Work.

Contract Period: Option 2 POP Begin: 09-25-2026 POP End: 09-24-2027

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Contractor will provide one (1) preventative maintenance visits per year and as-needed, on-call repair and maintenance services of the UPS system as described in the Statement of Work.

Contract Period: Option 3 POP Begin: 09-25-2027 POP End: 09-24-2028

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

Contractor will provide one (1) preventative maintenance visits per year and as-needed, on-call repair and maintenance services of the UPS system as described in the Statement of Work.

Contract Period: Option 4 POP Begin: 09-25-2028 POP End: 09-24-2029

PRODUCT/SERVICE CODE: J059 - Maintenance, Repair, and Rebuilding of Equipment - Electrical and Electronic Equipment Components

B.2 STATEMENT OF WORK

Part 1. General Information

1.1 Background: The Department of Veterans Affairs NYRO has a requirement to provide onsite maintenance and repair services for 10 UPS batteries devices Uninterrupted Power Source (UPS). 6 in TR1 – 4W89.30, 2 in TR2 – 4E93.02 and 2 in TR3 – 4E37.01 The NYRO intends to make a single, firm‐fixed‐price award.

1.2 Scope of Work: Contractor shall maintain the Uninterruptible Power Supply System, Power Distribution Unit and Cooling Units at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications. Contractor must be licensed to work in New York County (Manhattan, NY) and can do preventative maintenance on existing batteries. The contractor must also be qualified to dispose of hazardous material, i.e. lithium batteries that are on site.

1.3 Applicable Documents and Regulations:

1.3.1 VA Handbook 6500.6

1.4 Period of Performance:

Base year: 09/25/24 - 09/24/25 Option year 1: 09/25/25 - 09/24/26 Option year 2: 09/25/26 - 09/24/27 Option year 3: 09/25/27 - 09/24/28 Option year 4: 09/25/28 - 09/24/29

1.5 Place of Performance: Veterans Benefit Administration, New York Regional VA Office located at 201 Varick Street, 4th Floor, New York, NY 10014

The Contractor shall perform the services required under this requirement within core operating hours which are 8:00 am until 4:30 pm, Eastern Daylight Time (EDT), Monday through Friday, except on recognized US Holidays or when the Government facility is closed due to local/national emergencies, administrative closures, or similar Government directed facility closings.

1.6 Federal Holidays:

Recognized Holidays: The contractor is not required to work during Federal Holidays. The following are recognized US Holidays:

& November 12, 2029

1.7 Safety Requirements: While in performance of the resultant contract, the contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA) and adhere to VAAR 852.237-70 Contractor responsibilities.

1.8 Qualifications:

The contractor shall provide documentation that provides reasonable assurance that they are a manufacturer / authorized service provider and capable of procuring replacement parts directly from the manufacturer.

Part 2. Definition and Acronyms: N/A

Part 3. Government-Furnished Items and Services:

3.1 The following table includes the model, serial number, brand and description for the Uninterruptible Power Supply (UPS) Systems, Power Distribution Unit and Cooling Units. All of the units are located at the New York Regional VA Office located at 201 Varick Street, 4th Floor, New York, NY 10014

Part 4. Contractor-Furnished Items and Services:

4.1 The contractor shall furnish all personnel, materials, labor, parts, supplies, travel, supervision, and equipment required to perform work under the resulting contract, to include but not limited to, tools and expendable items. The Battery Units shall not be furnished/replaced by the contractor.

4.2 The contractor shall provide one designated point of contact (POC) to the government’s designated representative for coordination of parts delivery, and/or maintenance. The POC will be empowered to make daily decisions to ensure that the contract implementation and day-to-day maintenance meets the terms and conditions of the resulting contract.

4.3 The contractor will supply the Government’s Point of Contact with a telephone number, for service calls, which must be answered during normal working hours (8:00 am through 4:30 pm Monday through Friday). Excluding holidays observed by the Federal Government.

4.4 Parts/Supplies Availability: The contractor shall have an inventory of parts and supplies in quantities sufficient to effectively service the resulting contract. The contractor shall have an internal inventory system and delivery system for the parts and supplies. The inventory and delivery system must be sufficient to service the contract in accordance with the maintenance response times specified in paragraph 5.1

4.5 Personnel Qualifications: The contractor shall be required to provide fully qualified, and manufacturer trained or certified service, delivery, and management personnel in sufficient numbers to actively and efficiently service and support the scanners in place during the contract period.

4.6 The contractor shall oversee the routine scheduled and unscheduled maintenance and repair of all the items listed in SOW paragraph 2.1.

Part 5. Specific Tasks

5.1 Service Calls: The contractor will respond to service calls during normal working hours, Monday through Friday, excluding holidays observed by the Federal Government. The contractor shall respond to verbal service calls and is expected to initiate the repairs within four (4) working hours after notification of malfunction. The response time on a service call starts when the service call is placed to the contractor. The service technician will report to the service requestor and notify of his/her arrival and verify the problem for which the service call was made. If the service call is not completed, the service technician will contact the government’s designated representative and provide a detailed explanation as to why the item was not repaired and provide an estimated time for completion of the required repairs. The contractor will complete the repairs and satisfactorily resolve the problem by effectively restoring the item to normal operating capability within 24 hours of responding. This is maintenance is to entail battery repair or cradle repair or replacement of components of UPS system.

5.2 Preventive Maintenance: The Contractor will be responsible for performing all routine maintenance and repair work required to maintain the Uninterruptible Power Supply System in the condition prescribed by the original equipment manufacturer’s recommended guidelines and/or warranty requirements where the warranty remains in force. The Contractor will provide at least one preventative maintenance call per year. The contractor will examine, test, adjust the equipment, and as conditions warrant, repair or replace parts in accordance with original equipment manufacturer standards. Contractor shall maintain the Uninterruptible Power Supply System at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications to include the following:

ANNUAL PREVENTIVE MAINTENANCE SERVICE DELIVERABLES

The included Annual Preventive Maintenance Service visit necessitates the contractor’s authorized service personnel at the customer’s location on a pre-determined scheduled date. The following list includes the details of the service tasks the contractor will provide with this visit: action, Cleaning and Verification Activities Description Perform Visual Inspection Contractor will inspect UPS solution to ensure that all system components are clean and functioning as they should be. Appropriate action will be taken as necessary.

Perform Environmental Inspection Contractor will verify and document the system’s environment is within specified operating conditions such as room temperature, airflow, dust contamination, etc.

Perform Electronic Inspection Contractor will inspect all power and control wire termination points as well as all UPS and battery system components

Complete Functional Verification Contractor will check UPS event log for any alarms. The voltage and current to and from the unit will be verified. The contractor will verify proper transfer to battery operation and will test the static bypass.02892 800-800-4272 11/07/06 Activities Description Implement Updates Contractor will verify firmware revision and update as required.

Deliver Documentation Within five (5) business days of their visit, the contractor will deliver their site report to customer documenting UPS status, recording on-site activities and recommending additional service activities, as needed resulting from the preventive maintenance activities listed above. Lead-time for Annual Preventive Maintenance Service scheduling will be no more than two (2) weeks. The contractor will ensure the system is totally shut down in order to complete a full system preventive maintenance visit.

ON-SITE SERVICE DELIVERABLES

The On-Site Service requires contractor authorized technicians on location within a specified period of time to diagnose, repair and test the Symmetra® PX in the event of failure. The following table lists the details of the service tasks provided with this visit.

Activities Description Check UPS Status Contractor shall document the status of the UPS upon arrival to the site (i.e. On-Line, On-Battery, Static Bypass, or other etc.

Check UPS Alarms Contractor shall view event logs and display for alarms / information on both UPS and static bypass switch.

Diagnose Contractor shall troubleshoot reported issue as required.

Repair Contractor shall replace any defective parts and repair the system as required with allowed cost adjustment/authorizations.

Test Contractor shall complete functional tests conducted after corrective action is taken.

Prepare and Deliver Report Contractor shall describe the defect/failure and describe the corrective action taken. A detailed report will be provided within five (5) business days of the service call.

5.3 The contractor shall provide one (1) consolidated monthly invoice in arrears that includes the following information. Contract and Obligation Numbers; if applicable the description of repair services rendered; Company Name; Address and phone number; Invoice Date; Invoice Number (Note that each invoice must have a different invoice number); and one (1) consolidated monthly contracted rate for items listed in SOW paragraph 3.1.

5.4 The contractor shall provide recommendations for upgrade or replacement of equipment based on periodic maintenance and/or other factors based on the hardware manufacturer’s specification.

Part 6. Government Point of Contact/Contracting Officer Representative (COR):

Shabazz, K. Hassan, (NYRO) (212) 807-3102 hassan.shabazz@va.gov

Part 7. Changes to the Statement of Work (SOW):

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

Part 8: SECURITY

Upon entering VA buildings, the contractor and/or contractor employees will be required to show proof of identity (must have a valid photo ID) as well as pass through a security screening. Vendor shall be always escorted in to NYRO306. The UPS System is accessible from within the computer room. The contractor will be accompanied by designated government IT personnel and shall sign in upon entering the computer room. Services will not require connection to the VA network. The C&A requirements do not apply, and a Security Accreditation Package is not required. The contractor shall not disclose or cause to disseminate any information concerning operations of Department of Veterans Affairs. Such action(s) could result in violation of the contract and possible legal actions.

All Contractors and Contractor personnel shall 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 purchase 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 shall be the subject of a favorable fingerprint check (SAC) adjudicated by VBA Personnel Security Office (PERSEC). Individuals are required 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 thru 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 shall 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 shall 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 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 shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a 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 shall 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 that the background investigation information has been released to OPM for scheduling of the background investigation, or

1. VBA or the PSAC has confirmed that 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, shall withdraw the employee from consideration from working under the contract. Failure to comply, the Contractor personnel security requirements may result in termination of the contract for default.

Responsibility: The Contractor shall 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 shall 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 shall 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 36C10D24Q0234 https://www.tms.va.gov/learning/user/login.jsp Page 1 of Page 1 of

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.

(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; 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 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.5 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 Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

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

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

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

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

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

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that…