36C10D25Q0178.docx

36C10D25Q0178

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

F36B323-25-0000025 36C10D25Q0178 08-26-2025 Tiffany Garfield 813-614-6129 09-17-2025 12:00pm

EDT

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

DC

20006 X X 624190 $16 Million Net 30 N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 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 e-mailed to:

http://www.tungsten-network.com/US/en/ veterans-affairs/

877-489-6135 See CONTINUATION Page The contractor shall provide all personnel, equipment, supplies, facilities, transportation, materials, and other items necessary to Provide Employee Assistance Program (EAP) Services to VBA Jackson Regional Office in accordance with the Statement of Work (SOW).

All contractors shall be registered in SAM.gov with the appropriate NAICS code and be a Certified Service Disabled Veteran Owned Small Business (SDVOSB) in SBA.

This solicitation is 100% set-aside to SDVOSB See attached SOW and Evaluation Factors to complete your Quote.

See CONTINUATION Page

0151ADD-B3233096-B32303096-VBADFASA-251101-392165100-00

X Table of Contents

Preparation and Submission Instructions

Quote Requirements - The following items shall be included in your submission:

(a) Cover Page with Solicitation Number, Project Title, points of contact, address, phone numbers, etc., and SAM Unique Entity ID Number (Contractors shall be registered in SAM - Home | SAM.gov)

(b) Response to Evaluation Factors:

Factor 1 – Technical Qualifications Factor 2 – Relevant and Recent Past Performance

(c) Signed offer (SF 1449) and Signed Acknowledgement of all Amendments (SF30) (if any are executed)

(d) Pricing Schedule completed

(e) Copy of current SDVOSB certification from VetCert (Small Business Administration - Veteran Small Business Certification (sba.gov))

(f) Ensure the appropriate NAICS code (624190) is listed in the company’s SAM Representations and Certifications

Request for Information (RFI):

All RFIs are due no later than September 5, 2025 no later than 12:00pm EST. All RFIs shall be submitted to the Contracting Officer via email at tiffany.garfield@va.gov Page 1 of Page 1 of

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.

http://www.tungsten-network.com/US/en/veterans-affairs/

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

Page 1 of Page 1 of

Department of Veterans Affairs Employee Assistance Program – (EAP)

STATEMENT OF WORK (SOW)

1. BACKGROUND

The Department of Veterans Affairs, Jackson Regional Office, (RO), is committed to ensuring employees and their immediate family members have access to Employee Assistance Program (EAP) Services. This statement of work is designed to obtain the services, labor, materials, and equipment necessary for Employee Assistance Program (EAP) service that provides confidentiality and prevents unauthorized disclosure of information.

2. SCOPE

This Statement of Work delineates the various tasks, deliverables, and activities required for individual counseling of employees and their immediate family members on a host of personal and job-related matters. Problem areas will include, but are not limited to, alcohol/drug abuse, trauma, mental illness, relationship/family conflicts, financial, stress, and job problems. The Contractor will provide crisis intervention, assessment, information and referral, short-term counseling, follow-up monitoring, training key agency personnel, consulting with managers, supervisors and key personnel on an ongoing basis.

3. PERIOD OF PERFORMANCE:

The period of performance is one base period of 12-months, with four (4), 12-months option periods. Work shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). Exercising Option Periods are solely at the discretion of the Government and contingent upon funding. See Clause 52.217-9 Option to Extend the Term of the Contract.

4. PLACE OF PERFORMANCE

The contractor shall perform the face-to-face counseling sessions in their contractor provided offices, for employees and eligible family members that are located within the Jackson (Majority of Employees) VA area only.

6. APPLICABLE REGULATIONS

OPM Handbook: Federal Employee Assistance Programs, Guiding Principles, Framework and Definitions.

https://www.opm.gov/policy-data-oversight/worklife/reference-materials/eapguide.pdf

7. SPECIFIC TASKS WITH ASSOCIATED DELIVERABLE(S):

The Contractor shall perform the following tasks.

Clinical services shall include diagnostic evaluations, treatment planning, short-term counseling, trauma debriefings, referrals, monitoring, and follow-up services to clients as clinically indicated.

The contractor shall maintain a 5% utilization rate for traditional EAP counseling services with an average of 2 sessions per client. The program utilization rate is determined by dividing the number of clients who have been clinically serviced by the program by the total number (479) of eligible employees (plus family members).

Counseling will be primarily face-to-face for a maximum of three (3) sessions. If additional counseling is necessary, a referral to a community facility or the patient’s primary care physician will be provided. (Scheduled calls between counselors and employees, as follow-ups, may occur, thus they will need to be authorized in advance by COR and CO if considered billable). The contractor shall provide evaluation, counseling, and referral services to the covered employees, their immediate family members, and anyone living within an employee's household who has an impact on the employee's well-being.

The contractor will offer face-to-face counseling to all members of the covered population who request assistance or are referred to EAP. The counseling shall be short-term in nature and shall focus on diagnostic evaluation, problem resolution, and, when appropriate, referral to community resources which can provide skillful management of the problem presented. No more than three diagnostic sessions of one hour each shall be made available to covered participants for each distinct problem presented.

The contractor shall use a wide variety of community resources which offer treatment and rehabilitative assistance as long as the staff of those resources meets the qualifications requirements identified within this contract. Every attempt will be made to match a client with a clinician specializing in the treatment of the client's specified problem. The contractor shall be responsible for screening all utilized resources and maintaining current records regarding the services and qualifications of the staff of those resources. The contractor shall select community resources that qualify for third party reimbursement.

The contractor must have a 24-hour Hot-Line set-up and available, or a similar alternative.

The contractor will maintain a list of appropriate local referral sources.

The contractor will contact the employee 14 calendar days after the referral is given to ascertain its appropriateness.

The contractor will have a quality assurance plan in place to ensure only the highest quality referrals are utilized.

The contractor shall observe the same holidays as the Federal agencies serviced. If any primary staff member is unavailable due to vacation, conferences, and so forth, a qualified substitute must be provided.

An employee's call should result in either reaching an EAP counselor or staff member, or a call back the next business day. In no case should a call from an employee be returned later than the next business day. A scheduled appointment must be made within five working days.

The contractor shall provide on-going consultation and advice to managers, supervisors, key agency personnel and community resource personnel for the purpose of facilitating identification, referral, treatment, and follow-up for problem employees.

The contractor is responsible for advising managers and supervisors on how to effectively identify, intervene, and determine when to refer to EAP employees with job performance or conduct problems. As part of this responsibility the contractor will also 1) provide advice concerning client confidentiality requirements and 2) respond to request for information to the extent allowed by Federal confidentiality and privacy requirement.

Page 1 of Page 1 of Throughout a problem employee’s treatment program and as allowed by federal confidentiality and privacy requirements, the contractor shall be available to discuss rehabilitative efforts and their relationship to job performance and/or conduct.

Monitoring and Follow-up on Supervisory/Management Referrals. The contractor shall monitor and follow up on all EAP referrals and obtain written authorization from employees as needed to keep the referring supervisor informed of employee participation in the program. To accomplish this, the contractor will:

Maintain ongoing contact with a) the community treatment program to which the employee is referred and b) with the employee regarding treatment and job adjustment.

Within the constraints of confidentiality and consent, keep the referring management officials apprised of the employee's progress in treatment.

Assist, when possible, in an employee's job adjustment and reentry to the workplace.

The contractor will provide 8 hours of on-site agency specified group employee training, training key agency personnel, consulting with managers or supervisors for each contract period of performance.

a) The contractor shall adhere to the following guidelines when developing publicity and training materials:

1) All materials and presentations shall be non-sexist and nondiscriminatory in content and tone.

2) Publicity materials shall be developed with the intent to continuously motivating and inform employees and their families of the beneficial services of EAP.

3) Special emphasis shall be given to the use, abuse, and addictiveness of alcohol and illegal and illicit drugs.

4) Education and outreach shall reflect a sensitivity to the stigma associated with admission of health or personal problems and every effort shall be made to diminish that stigma.

b) The contractor shall provide qualified trainers, their necessary travel costs, and all materials needed to provide on-going training for managers, supervisors, key agency personnel and all covered employees.

1) The training will cover diverse, work-related topics, such broad areas as employee development, life and health management, family relationships, workplace interrelationships, communication, and effective supervision.

2) Individual training sessions will be a minimum of 1 hour but no more than 4 hours in length.

3) The number of employees attending will vary but will not normally exceed 50 per session.

On-Site Counseling for Tragedies - Throughout the term of the contract, the agency may require the contractor to conduct special group and/or individual on-site counseling sessions based on severe tragic occurrences, e.g. suicides, accidental deaths, etc. The contractor shall be required to plan, develop and conduct group counseling sessions not exceeding two (2) hours in length. The sessions will address the area of the identified tragedy and should be designed to assist employees in dealing with the resulting emotional problem(s).

Optional Services - The Government may, at its discretion, request the contractor to provide "optional" services in addition to the basic requirements already stipulated. These services are priced independently from the basic requirements and may be exercised at any time throughout the contract performance period. If Optional Services are required, the Contracting Officer will request a quote from the contractor and if accepted will modify the contract to include these optional services.

The contractor shall schedule requested appointments within five working days.

Counseling staff shall be available in person to employees, at a minimum between the hours of 8:00 A.M. To 5:00 P.M. Central, Monday through Friday, excluding Federal Holidays.

The contractor will maintain malpractice coverage on any clinical staff involved in this contract and is solely responsible for all clinical recommendations. The contractor shall hold & save the Government free from damages due to the provision of counseling services in connection with EAP, except for damages due to the fault or negligence of the Government.

Within 30 days of the end of the current performance period, the Contractor shall provide an end of the year report on the number of employees utilizing the EAP during the year, types of problems and trends noted, and workshops and training sessions offered.

8. Contractor Qualifications:

All professional practitioners and other personnel serving under this contract shall be employees or assignees of the contractor. The contractor is responsible for the validation of each employee's or assignee's qualifications to perform the services described herein. Minimum qualifications for the contractor's program director and counselors are as follows.

a. The Program Director shall possess at a minimum:

1) A master's degree

2) Experience working as a mental health professional to include:

a) Three years’ experience as a clinician/therapist and/or clinical supervisor, and

b) Three years’ experience working with alcohol and other drug-related cases.

c) If a clinical or counseling psychologist or other mental health professional, the Director shall be trained at the master's level and licensed as a psychologist.

d) If a psychiatrist, the Director shall be board certified in the applicable specialty and belong to the American Psychiatric Association.

b. EAP Counselors shall possess as a minimum:

1) A master's degree

2) Post Doctorates are acceptable with experience working on Ph.D. with a minimum of one year’s experience.

3) Professional license as a clinical social worker or counseling/clinical psychologist.

4) Three or more years of clinical experience in working with a wide range of mental health problems or cases.

9. GOVERNMENT FURNISHED PROPERTY OR MATERIAL (GFP/GFE/GFI). None.

10. WORK AND HOLIDAYS

The eleven official Federal Holidays are New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Juneteenth National Independence Day, 4th of July, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, and Christmas.

11. SECURITY REQUIREMENTS

All work performed under this contract shall comply with health and safety regulations to include but not limited to Occupational Safety and Health Administration (OSHA) and other pertinent Federal requirements. The contractor will assure the confidentiality of all information connected with an employee's use of the program in accordance with P.L. 98-24; 42CFR Part 2, "Confidentiality of “Alcohol and Drug Abuse Patient Records," revised June 9, 1987, and the Privacy Act of 1974. Case files will be maintained on all employees seen in counseling and will be the property and responsibility of the Contractor. Case records will be maintained for at least three years after termination of the client case, or longer if required by state law.

Required Records and Reports The contractor shall maintain a sufficient system of records to provide all data and reports necessary for effective evaluation and management of the EAP. The system of records shall also be designed to inform managers of the effectiveness of the EAP in responding to supervisory referrals and employee self-referrals.

The contractor's system of records shall comply with applicable laws and regulations pertaining to alcohol and drug prevention, treatment, and rehabilitation; the Privacy Act of 1974 (Public Law 93-579); and confidentiality of medical counseling records. The contractor shall be subject to the penalties imposed by such laws and regulations for improper disclosure.

a) For every participant who is referred for assistance, the contractor shall maintain a complete case file. All case files are to be maintained in accordance with the confidentiality requirements of Public Law 93-282 and it’s implementing regulations in 42 CFR, Chapter 1, Sub Ch. A, Part 2, and the requirements of Public Law 93-579 otherwise known as the Privacy Act. Case files and other EAP records shall be retained by the contractor for a period of three years.

b) All records of the EAP are under the jurisdiction of the EAP Administrator. In the event of expiration or termination of this contract, the contractor shall ensure that all records established under the terms of this contract are sealed, secured, and shipped according to the Administrator's instructions and at the expense of the contractor.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Employee Assistance Program (EAP) Services for an estimated 479 employees at VBA Jackson Regional Office in accordance with the Statement of Work (SOW).

Contract Period: Base POP Begin: 09-26-2025 POP End: 09-25-2026 PRINCIPAL NAICS CODE: 541612 - Human Resources Consulting Services PRODUCT/SERVICE CODE: R431 - Support - Professional: Human Resources

Not To Exceed: Optional Services in accordance with the Statement of Work. These services are priced independently from the basic requirements and may be exercised at any time throughout the contract performance period. Example of Optional Services is to conduct special group and/or individual on-site counseling sessions based on severe tragic occurrences, e.g. suicides, accidental deaths, etc.

Contract Period: Base POP Begin: 09-26-2025 POP End: 09-25-2026

Employee Assistance Program (EAP) Services for an estimated 479 employees at VBA Jackson Regional Office in accordance with the Statement of Work (SOW).

Contract Period: Option 1 POP Begin: 09-26-2026 POP End: 09-25-2027

Employee Assistance Program (EAP) Services for an estimated 479 employees at VBA Jackson Regional Office in accordance with the Statement of Work (SOW).

Contract Period: Option 2 POP Begin: 09-26-2027 POP End: 09-25-2028

Employee Assistance Program (EAP) Services for an estimated 479 employees at VBA Jackson Regional Office in accordance with the Statement of Work (SOW).

Contract Period: Option 3 POP Begin: 09-26-2028 POP End: 09-25-2029

Employee Assistance Program (EAP) Services for an estimated 479 employees at VBA Jackson Regional Office in accordance with the Statement of Work (SOW).

Contract Period: Option 4 POP Begin: 09-26-2029 POP End: 09-25-2030

B.3 DELIVERY SCHEDULE

Jackson Regional Office 1600 E. Woodrow Wilson Avenue Jackson, MS 39216

USA

601-364-7120 james.jefferson4@va.gov

Jackson Regional Office 1600 E. Woodrow Wilson Avenue Jackson, MS 39216

USA

Jackson Regional Office 1600 E. Woodrow Wilson Avenue Jackson, MS 39216

USA

Jackson Regional Office 1600 E. Woodrow Wilson Avenue Jackson, MS 39216

USA

Jackson Regional Office 1600 E. Woodrow Wilson Avenue Jackson, MS 39216

USA

Jackson Regional Office 1600 E. Woodrow Wilson Avenue Jackson, MS 39216

USA

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 52.217-8 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.2 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.3 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:

[] 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.4 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.5 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 conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 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)

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Postaward Small Business Program…