36C10E22Q0032_1.docx

36C10E22Q0032

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.

DUNS:

DUNS+4:

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

36C10E22Q0032 01-12-2022

GREGORY STEVENS

313-354-2194 01-24-2022 3 pm

EST

00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006 X X 532420 $35 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Detroit Regional Office 477 Michigan Ave.

Detroit MI 48226 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Division 1800 G. Street N.W.

Washington DC 20006

All invoices must be submitted via the Tungsten Network website

See CONTINUATION Page The contractor will lease and maintain multifunction devices to the Detroit Regional Office of the Veterans Benefits Administration pursuant to the terms and conditions contained herein.

See CONTINUATION Page X X X Gregory Stevens

VA-VBA-2020-C7F3A1FC

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: Name: ___________________________________________

Address: _________________________________________

City, State, Zip: ___________________________________

Telephone Number: ________________________________

DUNS: __________________________________________

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management, or

[NA] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [NA]

b. Semi-Annually [NA]

c. Other [X] monthly

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted via the Tungsten Network.

5. SUBMISSION OF OFFER:

a. Offerors shall complete Blocks 17, and 30 of SF 1449, the Contract Administration Data on Page 3, and the Price/Cost Schedule listed on Pages 6 – 7.

b. Offerors shall also complete and return all information designated in:

1. 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS, incorporated by reference;

1. Instructions for Submission of Quote, pages 44 – 46;

1. 52.212-3 Representations and Certifications on pages 50 – 66. (Representations and Certifications need not be completed if offeror completed them at the online site www.SAM.gov)

The information/documentation listed above in sections 5 a-b must be returned prior to the date and time specified in Block 8 of SF 1449 in order to be considered for award. Offers will only be received via email sent to gregory.stevens@va.gov The Simplified Acquisition Procedures of FAR Subpart 12.6 and 13.5 are being used to conduct this procurement.

c. By submission of an offer, the offeror acknowledges the requirement that they shall be registered in the System for Award Management (SAM). Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the offeror is not registered in SAM at the due date and time for the submission of quotes, the offeror will be removed from further consideration for award.

d. This procurement is set-aside 100% for Service Disabled, Veteran-Owned Small Businesses. In order to be considered for award, Offerors shall have a valid, current registration at the VA’s Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov/) at the due date and time for the submission of quotes. Offerors who are not VIP verified will be rejected as non-responsive.

e. Any resultant contract, if awarded to an SDVOSB, will be subject to the Limitations on Subcontracting clause set forth in this solicitation. For the Government to determine the extent and viability of a contractor being able to comply with this clause, the Government will evaluate the degree to which a prospective offeror will utilize other than service-disabled veteran owned or veteran owned small business concerns in the performance of the contract.

6. BASIS FOR AWARD: 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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE & STATEMENT OF WORK

ITEM INFORMATION

Lease and maintenance of 17 multifunction devices pursuant to the requirements of the Statement of Work Contract Period: Base POP Begin: 02-07-2022 POP End: 02-06-2023 PRINCIPAL NAICS CODE: 532420 - Office Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

Lease and maintenance of 17 multifunction devices pursuant to the requirements of the Statement of Work Contract Period: Option 1 POP Begin: 02-07-2023 POP End: 02-06-2024

PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

Lease and maintenance of 17 multifunction devices pursuant to the requirements of the Statement of Work Contract Period: Option 2 POP Begin: 02-07-2024 POP End: 02-06-2025

PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

Lease and maintenance of 17 multifunction devices pursuant to the requirements of the Statement of Work Contract Period: Option 3 POP Begin: 02-07-2025 POP End: 02-06-2026

PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

Lease and maintenance of 17 multifunction devices pursuant to the requirements of the Statement of Work Contract Period: Option 4 POP Begin: 02-07-2026 POP End: 02-06-2027

PRODUCT/SERVICE CODE: W074 - Lease or Rental of Equipment - Office Machines, Text Processing Systems, and Visible Record Equipment

STATEMENT OF WORK (SOW)

Multi-Function Device Lease & Maintenance Service Part 1. General Information Description of services: The Department of Veterans Affairs, Veterans Benefits Administration, Detroit Regional Office has a requirement for the lease, with a flat-rate monthly fee copying plan, of 17 new copy machines to include all consumable supplies (except paper), and full maintenance services including repair parts. The VA intends to make a single (all or none), firm fixed-price award for a 12 month period with four (4) option years exercisable at the sole discretion of the Government.

Background: The Department of Veterans Affairs, Detroit VA Regional Office, has a requirement for multifunction devices for the duplication of the various documents it uses to perform its mission. The primary role of the machines to be leased will be for copying, scanning, printing and also sending documents via email and to folders on the VA network. The contractor will provide and connect Personal Identity Verification (PIV) card readers to these machines and will ensure the PIV card readers are fully functional and the machines are capable of sending documents across the VA network. The Government would like to accomplish these tasks through the use of 17 leased multifunction devices. The contract can be modified to add additional multifunction devices, with prior written notification from the Contracting Officer.

Scope of work: The contractor will furnish all repair parts, labor, transportation, and supplies required to accomplish inspecting, cleaning, lubricating, adjusting, calibrating, and vacuuming (if required), and repairing of the multifunction devices. Contractor will maintain the leased multifunction devices at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications. The base year plus four (4) option year lease will include a flat-rate monthly fee copying plan with no intent to purchase the equipment at the end of the lease agreement period. Ownership of the asset/multifunction devices remains with the prospective contractor.

Period of Performance: The period of performance will be a 12 month base year plus four (4) twelve (12) month option years exercisable at the sole discretion of the Government.

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

Security Requirements: Contractor personnel will be required to contact the VA designated point of contact upon arrival when reporting for service calls or delivering supplies. The contractor will be responsible for the security of all organizational information. Current rules and regulations applicable to the premises, where the work will be performed, will apply to the contractor and its employees while working on the premises. These regulations include escort by VA officials, presenting valid identification, smoking restrictions and any safety procedures as outlined in the site regulations. Services will require connection to the VA network. The contractor will collaborate with VA personnel, under the supervision of VA personnel, to connect the machines to the VA network. The C&A requirements do not apply, and a Security Accreditation Package is not required.

The contractor will not disclose or cause to disseminate any information concerning operations of the Department of Veterans Affairs. Such action(s) could result in violation of the contract and possible legal actions.

All inquiries, comments, or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of the contract, the resolution of which may require the dissemination of official information, will be directed to the Government’s designated representative.

No overage charges: The Government will pay a flat-rate monthly fee per multifunction device, regardless of the number of copies made each month. The copy volume allowance per month is unlimited per multifunction device.

Termination Amortization Schedule: A termination amortization schedule may be included as an attachment of the awarded contract. If the Government does not exercise any of the options listed in the Price/ Cost Schedule, the Government’s not exercising the options will have the same effect as if the Government terminated for convenience. All remedies afforded to contractor in regard to a termination for convenience will be available to the contractor.

Invoices: Contractor will upload invoices monthly in arrears to the Tungsten Network website. Invoices will include the following information: 1) Contract number; 2) Company name, address and phone number; 3) Monthly contracted lease rate (which includes the maintenance service fee); 4) Invoice number and date (note that each invoice must have a different invoice number).

Part 2. Definition and Acronyms: N/A Part 3. Government-Furnished Items and Services. The Government will supply the paper for the multifunction devices.

Part 4. Contractor-Furnished Items and Services Required personnel, materials, supplies, and equipment: The contractor will furnish all personnel, materials, supplies, and equipment required to perform work under the contract, to include tools and expendable items. The Flat-Rate Monthly Fee Copying Plan must include new multifunction devices, full-service maintenance, preventative maintenance, repair parts, all operational/consumable supplies such as toner, dry ink, fuser oil, staples and other multifunction device supplies for the multifunction device, except paper. The following table includes the install locations, copies per minute, quantity, estimated monthly volume and output type of the multifunction devices which the contractor will deliver, setup and install.

477 Michigan Avenue Room 1445 Detroit, MI 48226

3001 Coolidge Rd. Suite 401 East Lansing, MI 48823

110 Michigan St. NW Room 436 Grand Rapids, MI 49503

200 N. Main Street Room 310 Mt. Pleasant, MI 48858

The multifunction devices must meet or exceed the minimum specifications listed in column B, MultiFunctional Device-Small Monochrome, of the attached spreadsheet.

Delivery: The contractor will coordinate the delivery, installation and training date with the designated Government point of contact. The Government will provide the contractor with dock access and building access for this sole purpose. The Government requires a minimum of 24-hour notice of the contractor's need to deliver a multifunction device(s) and/or remove a multifunction device(s) or deliver multifunction device replacement parts. The designated Government employee will work with the pertinent Government agency (ies) to secure the needed dock access. The delivery truck can be no larger than 45 feet. No deliveries can be made after 4:30 p.m. local time. Delivery truck drivers need a valid, Government issued photo ID.

Contractor Point of Contact: The contractor will furnish one designated point of contact (POC) to the Government’s designated representative for coordination of supplies, delivery, and/or maintenance. The POC will be empowered to make daily decisions to ensure contract implementation and day-to-day maintenance meets the terms and conditions of this contract.

Contractor’s Phone Number: The contractor will provide a toll-free telephone number for service calls, which must be answered during at least eight working hours, between 8:00 am and 4:30 pm eastern, Monday through Friday.

Parts/Supplies Availability: The contractor will have an inventory of parts and consumable supplies in quantities sufficient to effectively service the resulting contract. The contractor will have an internal inventory system and delivery system for the parts and consumable supplies. The inventory and delivery system must be sufficient to service the contract in accordance with the maintenance response times specified in part 5 and the supply delivery times specified in part 5.

Personnel Qualifications: The contractor will 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 multifunction devices in place during the contract period.

Part 5. Specific Tasks 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 will 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 them 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 multifunction device 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 multifunction device to normal operating capability within eight (8) working hours of responding.

The Contractor will have an adequate working inventory of multifunction devices in order to provide backup support for the leased 17 multifunction devices. When a malfunctioning multifunction device cannot be repaired within the on-site repair time, the VA will have the option of requesting a backup multifunction device at no additional cost to the Government. The contractor will supply such a backup multifunction device within seven (7) working hours after notification by the Government. Backup multifunction devices will meet or exceed the capabilities of the multifunction devices to be replaced. For this purpose, only remanufactured equipment may be used as a temporary device until a new replacement multifunction device is delivered or the original multifunction device is reinstalled. Backup multifunction devices are generally expected to remain in place for five working days or less, but in unusual cases, a backup multifunction device may remain in place for as long as 60 days. If the original multifunction device has not been repaired and reinstalled at the end of 60 days, the contractor will provide a replacement multifunction device equal to or superior to the original multifunction device model at no additional cost to the Government. The contractor will coordinate the removal, delivery and install of the back-up multifunction device with the designated Government employee.

Preventive Maintenance: The contractor will provide, at a minimum, one annual preventive maintenance service call to ensure the multifunction devices are maintained in fully operational condition. Contractor will maintain the multifunction devices at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications.

Replenishment of Supplies Procedures: On or about the same day of each month, the contractor will ensure each multifunction device is furnished with sufficient consumable supplies, (excluding paper) to produce a volume of copies equal to the levels necessary to meet the manufacturer’s current equipment specifications. Upon initial delivery of the copy machines/devices, the contractor will provide two months' worth of consumable supplies for each multifunction device. The contractor will respond to verbal requests for additional consumable supplies under the following conditions: The Government’s designated representative may make emergency requests for consumable supplies verbally. Orders will state the quantity and type of consumable supplies required and the location and serial number of the multifunction device for which the additional consumable supplies are being ordered. The contractor will deliver additional consumable supplies within a period of twenty-four hours after receipt of verbal order. Supplies from the contractor will be delivered between 8:00 a.m. and 4:30 p.m. eastern, Monday through Friday (excluding Federal holidays) directly to the multifunction device location.

Hard-drives: The contractor will remove the hard-drives from the 17 leased multifunction devices at the end of the term of the contract and hand them to a designated Government representative for destruction. Once a device is delivered and installed, the Government will retain ownership of the hard drive.

Training: Contractor will provide training on the operation of the leased (17) multifunction devices to designated Government representatives within two days of installation date. The contractor will demonstrate each multifunction device is properly functioning upon completion of installation. This demonstration will be accomplished pursuant to the operating instructions furnished with each multifunction device and in the presence of designated Government representative(s).

Relocate Equipment: Should the Government elect to relocate its office to another facility/building or location within the greater Detroit area, all multifunction device machines will then be moved to the new location by the Government. The Government will have the responsibility of transporting all multifunction device machines to the new office location and will ensure that all copy machines are transported with care. The expense of moving/relocating the multifunction device machines will be paid by Government.

See attached document: Printer Tech Specs.

B.3 DELIVERY SCHEDULE

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

USA

Veterans Benefits Administration 477 Michigan Ave.

Detroit, MI 48226

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 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[NA] 852.209–70, Organizational Conflicts of Interest.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[NA] 852.214–71, Restrictions on Alternate Item(s).

[NA] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [NA] 852.214–73, Alternate Packaging and Packing.

[NA] 852.214–74, Marking of Bid Samples.

[NA] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[NA] 852.215–71, Evaluation Factor Commitments.

[NA] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[NA] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[NA] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[NA] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[NA] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[NA] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[NA] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[NA] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[NA] 852.228–70, Bond Premium Adjustment.

[NA] 852.228–71, Indemnification and Insurance.

[NA] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[NA] 852.233–70, Protest Content/Alternative Dispute Resolution.

[NA] 852.233–71, Alternate Protest Procedure.

[NA] 852.237–70, Indemnification and Medical Liability Insurance.

[NA] 852.246–71, Rejected Goods.

[NA] 852.246–72, Frozen Processed Foods.

[NA] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[NA] 852.271–72, Time Spent by Counselee in Counseling Process.

[NA] 852.271–73, Use and Publication of Counseling Results.

[NA] 852.271–74, Inspection.

[NA] 852.271–75, Extension of Contract Period.

[NA] 852.273–70, Late Offers.

[NA] 852.273–71, Alternative Negotiation Techniques.

[NA] 852.273–72, Alternative Evaluation.

[NA] 852.273–73, Evaluation—Health-Care Resources.

[NA] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[NA] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.5 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(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 VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed 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) [NA] 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 VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed 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) [NA] 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 VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated 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 section 1001 of title 18.

(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. The Contracting Officer 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.6 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[NA] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[NA] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

[NA] (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.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[NA] (5) [Reserved] [NA] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[NA] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

[NA] (10) [Reserved] [NA] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[NA] (ii) Alternate I (MAR 2020) of 52.219-3.

[NA] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[NA] (ii) Alternate I (MAR 2020) of 52.219-4.

[NA] (13) [Reserved] [NA] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

[NA] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[NA] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

[NA] (iv) Alternate III (JUN 2020) of 52.219–9.

[NA] (v) Alternate IV (JUN 2020) of 52.219–9.

[NA] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

[NA] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[NA] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[NA] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[NA] (ii) Alternate I (MAR 2020) of 52.219-28.

[NA] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[NA] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[NA] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[NA] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)) [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[NA] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020) (DEVIATION) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[NA] (ii) Alternate I (FEB 1999) of 52.222-26.

[NA] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[NA] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[NA] (ii) Alternate I (JULY 2014) of 52.222-36.

[NA] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[NA] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

[NA] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[NA] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[NA] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[NA] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[NA] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[NA] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[X] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (OCT 2015) of 52.223-13.

[NA] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (JUN 2014) of 52.223-14.

[X] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[NA] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[NA] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[NA] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[NA] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[NA] (ii) Alternate I (JAN 2017) of 52.224-3.

[NA] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[NA] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020) (DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[NA] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.

[NA] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.

[NA] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[NA] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[NA] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[NA] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[NA] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

[NA] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[NA] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[NA] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[NA] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[X] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[NA] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[NA] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[NA] (ii) Alternate I (Apr 2003) of 52.247-64.

[NA] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[NA] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[NA] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[NA] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[NA] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[NA] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly…