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Summary

This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (SF 1449) issued by the Department of Veterans Affairs Veterans Benefits Administration for Employee Assistance Program (EAP) services. The solicitation number is 36C10D26Q0174, with an offer due date of September 9, 2026, at 3:00 PM EDT. The contract will be administered by the VA's Winston-Salem Regional Office and is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). The principal NAICS code is 624190 (Other Individual and Family Services), and the product/service code is R499 (Support - Professional: Other). The estimated contract value is $16 million over five years.

The contractor must provide 24/7 telephonic EAP services and in-person counseling up to six sessions per issue for VA employees and immediate family members (spouses, children, and parents), with a base employee population of 1,356. Services include diagnostic assessments (unlimited), short-term counseling, referral services, crisis capability with psychiatric backup, and appointments within three working days. The contractor must also provide annual supervisory training, quarterly statistical reports, brochures, wallet cards, and promotional materials. The base contract period runs from October 1, 2026, to September 30, 2027, with four one-year options. The contractor must comply with a 50% subcontracting limitation for services, maintain strict confidentiality per 42 USC Section 290dd-2 and the Privacy Act of 1974, hold harmless the VA from all claims and liabilities, and ensure counselors possess CEAP credentials or equivalent Master Level training. Invoices must be submitted monthly in arrears electronically via the Tungsten Network website. Award will be made to the responsive offeror offering the best value based on technical capability, past performance, and price.

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36C10D26Q0174

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

F36B318-27-0000001

08-18-2026 Tracey Robinson 508-562-1887 09-09-2026 3pm

EDT

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

X

624190 $16 Million

N/A

00318 Department of Veterans Affairs Veterans Benefits Administration Winston-Salem Regional Office 251 North Main Street Winston-Salem NC 27155 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G Street NW Washington DC 20006

All invoices must be submitted:

electronically via Tungsten website:

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

See CONTINUATION Page

The Department of Veterans Affairs Winston-Salem VA Regional Office has a requirement to provide Employee Assistance

Program (EAP) services to employees and their immediate families in accordance with the statement of work.

See CONTINUATION Page

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 STATEMENT OF WORK (SOW)4
B.3 PRICE/COST SCHEDULE8
ITEM INFORMATION8
SECTION C - CONTRACT CLAUSES9
C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)9
C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)9
C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)9
C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)11
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS13
SECTION E - SOLICITATION PROVISIONS14
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)14
E.2 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)14
E.3 QUOTES WILL BE EVALUATED AS FOLLOWS:18
E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)19

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:

[x]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[x] Monthly 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:

AMENDMENT NO
DATE

B.2 STATEMENT OF WORK (SOW)

EMPLOYEE ASSISTANCE PROGRAM (EAP)

BACKGROUND

The Department of Veterans Affairs Winston-Salem VA Regional Office has a requirement to provide Employee Assistance Program (EAP) services to employees and their immediate families. Immediate families include spouses, children, including adopted children and employees’ parents. This requirement will be for one year with the option to exercise four additional years based upon contractor performance.

1. EMPLOYEE ASSISTANCE PROGRAM (EAP) POLICY.

The program is available to all employees and their immediate families, since problems at home may affect work.

a. All records and discussions of personal problems will be confidential and will not jeopardize an employee’s job security, promotional opportunities or reputation. These records will be kept by the designated counseling resource; furthermore, an individual’s specific records will not be reported to the regional office.

b. Verification of usage will be accomplished through VA auditors or auditors suggested by contractors or independent auditors selected by the VA, ensuring confidentiality is maintained for the user.

c. Supervisors may use the program to obtain guidance when personal problems of subordinate staff cause unsatisfactory job performance and/or to refer employees to the program. It is the policy of the regional office to intervene only when problems affect job performance or reflect discredit to the VA.

d. Employees in treatment or rehabilitation will be eligible for sick leave on the same basis as is granted for other health problems; if sick leave is not available, annual leave or leave without pay will be considered.

2. PROGRAM REQUIREMENTS

The EAP Contractor will provide, at a minimum, the following:

a. Employee Assistance Program (EAP) Services: Contractor is required to provide Telephonic EAP Services on a 24 hour, 7 Days a week basis (i.e. 24/7) and in-person counseling up to 6 sessions per issue. Service price will be based upon Employee Population, which is 1356.

b. Diagnostic Services: Problem assessment visits (unlimited) and initial counseling directed toward identifying and assessing the complexity of personal problems which may affect job performance.

c. Short-Term Counseling Services: Performed in-house directed toward clients whose problems can be addressed in one visit.

d. Referral Services: Motivational counseling and referral to competent care and follow-up directed toward appropriate community resources for employees and dependents whose problems warrant specialized and/or longer-term counseling. The services performed under said referrals are not paid for under this contract. The contractor will work with Counselee in setting up a referral that is to be paid for by the Counselee and/or by their Federal Employees Health Benefits (FEHB).

e. Work-Related Issues: Issues covering job dissatisfaction and/or work-related problems will be referred to the VA’s EAP Coordinator(s).

Program Availability: Diagnostic and referral services shall be made available to locations other than to the Winston-Salem VA Regional Office. Employees located in our out-based offices will have an established toll-free telephone number to access EAP services and the contractor will have referral capability. The offices are:

f. Emergency (crisis capability with psychiatric/psychological backup) and after-hours EAP calls must be responded to by a professional staff member on a 24-hour daily basis. The contractor should forward medical emergency calls to 911 when applicable.

i. Appointments will be made so that the client will be seen within three (3) working days or sooner if appropriate.

g. Additional Services:

The contractor will provide the VA brochures, wallet cards, posters, slides and other materials to promote and maintain employee awareness, to familiarize:

i. employees and supervisors with services available through the EAP, and to enhance employee and supervisory understanding of how personal problems can affect job performance. The cost to be included in the EAP price per employee rate.

ii. The contractor will provide Annual Supervisory training to the VA to promote the EAP program and detail the various avenues in which Supervisors can utilize the EAP Program. The training can be either in person classroom or online via Teams or Skype. The training would be conducted at the Winston-Salem RO if in person.

iii. The contractor will provide the VA with a quarterly update of statistical reports and cumulative utilization data summarizing diagnostic and referral activity. No identifying data (PII) of individual employees or their dependents will be provided to the VA unless the employee provides it in writing in advance for an approved release.

iv. The contractor will provide the VA quarterly updated statistical reports and cumulative utilization data for each of the sites summarizing diagnostic and referral activity. No identifying data (PII) of individual employees or their dependents will be provided to the VA unless the employee provides it in writing in advance for an approved release.

v. Upon request, the contractor may provide the VA with program evaluation data obtained by the contractor through evaluation of client and/or supervisory feedback of services rendered. Such evaluations must pertain to diagnostic and referral services provided as well as services provided by referral sources. This follow-up activity with clients and/or supervisors may be conducted on a quarterly basis for one year following initial intake.

3. ADMINISTRATIVE CAPABILITY: The contractor must have the ability to administer/manage program staff, respond to and maintain compliance with applicable regulations, rules and policies; provide efficient and effective liaison with VA’s EAP Coordinator, and assess established health insurer’s programs or services of other social service agencies for referral potential.

4. PROGRAM CAPABILITY: The contractor to provide the necessary intake staff and other resources to conduct a successful EAP. EAP counselors should have appropriate EAP credentials. Either the Certified Employee Assistance Professional (CEAP) credential or a similar Master Level credential/training.

5. CONFIDENTIALITY OF RECORDS AND REFERRALS: The contractor will ensure that no VA employee will be assigned for diagnosis, referral or counseling to a VA affiliated person unless specifically requested by the employee. The contractor agrees to comply with requirements relating to the confidential nature of patient’s records in accordance with 42 USC Section 290dd-2 and the Privacy Act of 1974. The VA agrees to provide the contractor with a copy of these requirements upon request. The contractor shall ensure the physical security and prevention of disclosure of the records, reports or other private information regarding any employee or family members. This information even with the veteran’s written consent cannot be used without the VA’s approval. These records must be maintained on business premises in a secured locked file.

6. LEGAL RESPONSIBILITY.

a) All services are to be provided by the contractor to employees without regard to race, color, creed or national origin. The contractor is considered an agent of the Department of Veterans Affairs when providing services to employees and as such is bound by the same rules governing confidentiality of the Department of Veterans Affairs.

b) Fees paid by the Department of Veterans Affairs shall not be greater than fees paid to the contractor by any other referral source for the same service. Fees cannot be paid for the services not authorized.

c) The contractor agrees to save and hold harmless the Department of Veterans Affairs and its employees from any and all claims and liabilities of any type whatsoever and for damage to, loss or destruction of any property of a person, firm, corporation and/or other party; and for the injury to or death of any person or persons which now or hereafter arise out of or result from or be in any way connected, directly or indirectly, with said provision of services or the performance of this agreement.

7. VA RESPONSIBLITIES: To assure adequate acceptability and utilization of these diagnostic and referral services, the VA agrees to participate in program exposure and employee education of the services available. Distribution of promotional materials to employees shall be at the expense of the VA.

8. PUBLISHING RESULTS: Information or data gathered relating to the services specified in this contract, or studies or materials based thereon or relating thereto, shall not be made public.

9. VA POINT OF CONTACT:

Name: David Gray Phone: (336) 251-0974 Email Address: david.gray5@va.gov

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12.00
MO
_________________
__________________

EAP services for employees and immediate family members for emotional support and grief counseling Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 624190 - Other Individual and Family Services PRODUCT/SERVICE CODE: R499 - Support - Professional: Other

12.00
MO
_________________
__________________

EAP services for employees and immediate family members for emotional support and grief counseling Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

12.00
MO
_________________
__________________

EAP services for employees and immediate family members for emotional support and grief counseling Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029

12.00
MO
_________________
__________________

EAP services for employees and immediate family members for emotional support and grief counseling Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030

12.00
MO
_________________
__________________

EAP services for employees and immediate family members for emotional support and grief counseling Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031

GRAND TOTAL
__________________

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

FAR Number
Title
Date
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)
OCT 2025

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 60 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 60 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 one (1) year.(End of Clause) C.3 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.4 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)

FAR Number
Title
Date
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
NOV 2023
52.203-19
PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-13
SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION)
NOV 2025
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED
JAN 2025
52.209-10
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
NOV 2015
52.219-6
NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION)
NOV 2025
52.222-3
CONVICT LABOR (DEVIATION)
NOV 2025
52.222-36
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION)
NOV 2025
52.222-41
SERVICE CONTRACT LABOR STANDARDS (DEVIATION)
NOV 2025
52.222-42
STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
MAY 2014
52.222-50
COMBATING TRAFFICKING IN PERSONS (DEVIATION)
NOV 2025
52.222-55
MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (DEVIATION)
NOV 2025
52.222-62
PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION)
NOV 2025
52.226-8
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
MAY 2024
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
52.233-3
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004
52.222-90
ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION)
APR 2026
52.223-23
SUSTAINABLE PRODUCTS (DEVIATION)
NOV 2025
52.240-91
SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION)
NOV 2025
852.203-70
COMMERCIAL ADVERTISING
MAY 2018
852.219-73
VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (DEVIATION)
JAN 2023

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document: Past Performance Questionnaire Attachment.

SECTION E - SOLICITATION PROVISIONS

FAR Number
Title
Date
52.212-1
INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)
OCT 2025

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Provisions 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 provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision)

FAR Number
Title
Date
52.203-18
PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION
JAN 2017
52.204-7
SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION)
NOV 2025
852.239-75
INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE
FEB 2023

E.2 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of Provision) (End of Addendum to 52.212-1)

E.3 QUOTES WILL BE EVALUATED AS FOLLOWS:

The Government will evaluate quotes submitted in response to this solicitation based on a consideration of the following factors: Technical, Past Performance and Price.

Quotes shall include:

1. Technical:

a. Completed SF1449, Sam UEI#, POC name and email address

b. Technical Specifications: The vendor shall provide evidence demonstrating that all proposed deliverables, services, and tasks meet or exceed the minimum specifications identified in the Statement of Work for the EAP services. The submission must clearly show how the proposed solution satisfies the Government’s technical requirements.

2. Past Performance:

a. The vendor should provide at least one reference that supports the relevant experience described in the quote and demonstrates an acceptable record of past performance. A Past Performance Questionnaire is provided in Section D for optional use, but its submission is not mandatory.

b. The Government will conduct a past performance evaluation based upon the submitted past performance of the vendor as it relates the probability of successful performance of the work required by the solicitation. It considers each vendor to demonstrate recent, relevant record and acceptable performance in supplying services that met the contract requirements. The Government reserves the right to consider other than just those submitted by the vendor in response to questionnaires in evaluation of past performance.

c. In the case of a vendor without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably.

3. Price:

a. Completed B.3 Price/Cost Schedule.

The Government will evaluate price for fairness and reasonableness.

All questions related to this acquisition shall be submitted via email to Tracey.Robinson3@va.gov. no later than 1pm EST on 08/22/2026.

Basis for Award: The Government shall make award to the quote that is found to meet the Government’s stated specifications, experience/qualification and past performance requirement based upon the stated considerations above and is the best value to the Government.

The government intends to award to the quoter that demonstrates the best value to the government.

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

Technical Past Performance Price Technical and Past Performance when combined are approximately equal to price.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

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