36C10E23Q0035_1.docx

36C10E23Q0035

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

36C10E23Q0035 01-10-2023

GREGORY STEVENS

313-354-2194 01-19-2023

3PM

EST

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

Washington DC 20006 X X Y 541930 $20 Million N/A X 00101 Department of Veterans Affairs Veterans Benefits Administration Chicago Regional Office 2122 W. Taylor St.

Chicago IL 60612 00101 Department of Veterans Affairs Veterans Benefits Administration Acquisition Directorate 1800 G. Street N.W.

Washington DC 20006

All invoices must be submitted via the Tungsten Network website.

See CONTINUATION Page The contractor will provide reader services as described herein, to the Chicago Regional Office of the Veterans Benefits Administration.

See CONTINUATION Page X X X Gregory Stevens Contracting Officer 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: ________________________________

SAM UEI: __________________________________________

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:

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

· Instructions for Submission of Quote, pages 45 – 46;

· 52.212-3 Representations and Certifications on pages 50 – 67. (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. (see Instructions for Submission of Quote for further details)

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

Reader services as described in the Statement of Work Contract Period: Base POP Begin: 02-01-2023 POP End: 01-31-2024 PRINCIPAL NAICS CODE: 541930 - Translation and Interpretation Services PRODUCT/SERVICE CODE: R604 - Support - Administrative: Mailing/Distribution

Reader services as described in the Statement of Work Contract Period: Option 1 POP Begin: 02-01-2024 POP End: 01-31-2025

Reader services as described in the Statement of Work Contract Period: Option 2 POP Begin: 02-01-2025 POP End: 01-31-2026

Reader services as described in the Statement of Work Contract Period: Option 3 POP Begin: 02-01-2026 POP End: 01-31-2027

Reader services as described in the Statement of Work Contract Period: Option 4 POP Begin: 02-01-2027 POP End: 01-31-2028

Veterans Benefits Administration Chicago Regional Office 2122 West Taylor Street Chicago, IL 60612l

1. BACKGROUND

The Department of Veterans Affairs (VA) Regional Office in Chicago, Illinois has a requirement for a reader to support a Vocational Rehabilitation Counselor (VRC) with a visual impairment.

2. SCOPE OF WORK

The contractor will be required to provide remote reader services. Remote reader services will not exceed three (3) hours per week. The contractor will coordinate services with the VRC with at least two (2) business days advance notice.

The VRC will provide a weekly schedule to the contractor, including the number of estimated hours needed each day services will be required. If the reader anticipates being unavailable for more than one (1) week at a time, the contractor will provide an alternate/backup reader, who has met all contract requirements and has taken all mandatory VA training courses and completed all required background checks.

Reader responsibilities will include the following duties:

· Reading electronic and hard copy documents orally, such as PDF documents, handwritten documents, medical records/evidence, etc. Reads all required fields, including fields that are blank to provide the VRC an opportunity to ensure documents and forms are completed as required. Additionally, will read any document that is an electronic document that the screen reader software is unable to identify.

· As required, will read outgoing communication (such as email, email attachments, images, letters, forms, awards, decisions, or instructions to claimants) for; grammatical accuracy, correct attachments accompanying emails, dates, addresses or internal routing, as well as ensuring appropriate signatures are completed.

· Reading information on computer monitor when accessibility issues impact the ability to complete requirements in electronic applications and programs such as: Compensation and Pension Record Interchange (CAPRI), CWINRS, electronic Virtual Assistant (eVA), Training Management System (TMS), Veterans Benefits Management System (VBMS), Invoice Payment Processing System (IPPS), Case Management application, Information Technology (IT) electronic requests for support, SharePoint, and SHARE screens.

3. TIMEKEEPING

The contractor is required to maintain a current Service Hour Log (see ATTACHMENT – SERVICE HOUR LOG). Each day service is rendered, an entry must be added to Part 2 of the log and validated. The date, times and total hours worked will be entered and validated by the contract employee and the initials of the VA Employee receiving the services.

4. KEY PERSONNEL

The contractor will provide qualified and experienced personnel in the completion of this requirement. Key project personnel will have successfully participated in the completion of similar projects.

Job skills and requirements for Reader

· Must be at least age 18.

· Must be able to work in a professional virtual environment.

· Must possess exceptional reading, computer, grammar, and communication skills.

· Must be customer service oriented.

· Must always maintain a professional appearance.

NOTE: Key personnel may not be added nor removed from the task without express approval of the Chicago Regional Office contract administrator. The contract administrator will provide approval via electronic mail when the contract employee may begin work.

5. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems will complete the following before being granted access to VA information and its systems:

1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, relating to access to VA information and information systems;

2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

b. The contractor will provide to the contract administrator a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one (1) week of the initiation of the agreement.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

6. PERIOD OF PERFORMANCE

The contract will be a period of 12 months, with four (4) one-year optional periods. The start date will be a mutually agreed upon date and services will be required soon after the contract has been awarded however, not until a background investigation has commenced and a favorable fingerprint report has been received.

7. HOURS OF OPERATION

The contractor is responsible for reader services, between the hours of 8:00 am – 4:00 pm Monday through Friday, local time, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor will be available up to 30 hours per week as mutually agreed upon and scheduled in advance during the Hours of Operation as stated above.

8. EQUIPMENT

Government issued computer equipment will not be necessary to support this contract. The computer equipment used by the contractor to access the VA network and provide remote services will be provided by the contractor.

9. PRIMARY PLACE OF PERFORMANCE

Reader services will be provided remotely. The contractor may provide services from the contractor’s private residence or from a suitable facility that will not interrupt services being provided.

10. TRAVEL

Travel is not required.

11. RECOGNIZED/OBSERVED HOLIDAYS

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Juneteenth National Independence Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day New Year’s Day

12. POINTS OF CONTACT

To be provided.

13. INVOICING INSTRUCTIONS

General invoicing instructions are included here.

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

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

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

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

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

Vendor e-Invoice Set-up Information:

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

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

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

· VA TUNGSTEN Number: AAA544240062

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

· FSC e-Invoice email: vafsccshd@va.gov

· FSC Internet: http://www.fsc.va.gov/einvoice.asp

The invoice is required to include the following information:

1) Name and address of company

2) Invoice date

3) Invoice number

4) Name and address of facility being billed

5) Name of individual performing services

6) Copy of completed Service Hour Log (attached below)

7) Total number of hours being billed

8) Total invoice cost

9) Name of VA official to whom payment is being sent

10) Name, title, phone number, and email address of individual to be contacted regarding question about invoice

14. SECURITY

The contractor will comply with all VA and tenant agency security requirements in the building(s) where work may be performed. Strict security and personnel access control will be maintained. Contractor personnel will avoid restricted and controlled areas.

15. BACKGROUND INVESTIGATIONS

All contract personnel who require access to the VA site(s) and/or access to VA local area network (LAN) systems will be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all subcontractor personnel requiring the same NACI Background Investigation. At a minimum, this agreement requires the individuals to undergo a National Agency Check & Inquiries (NACI). The level of background security investigation will be in accordance with VA Directive 0710 dated June 4, 2010 and is available at:

http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FType=2

The level of background investigation and clearance required by contract personnel for this effort is NACI. Work may not commence until the appropriate background investigation has commenced.

The contractor will prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or suitable work authorization and are able to read, write, speak, and understand the English language.

Contract personnel who have a current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. However, it does not preclude the contractor from submitting a completed background investigation request form for all personnel working to the contract administrator immediately after the agreement has been accepted.

Contractor performance will not commence before confirmation is received the investigative documents are complete, and the background investigation has begun. Once the contract personnel background investigation has been initiated, and a favorable fingerprint report has been received, then performance may commence. The contract administrator will forward the contractor a copy of the Certificate of Eligibility (form 4236) when the investigation has been favorably completed and adjudicated.

The contractor, if notified of an unfavorable adjudication by the Government, will withdraw personnel from consideration from working under this agreement.

16. STANDARDS OF CONDUCT

The contractor will be responsible for maintaining satisfactory standards of their personnel’s competency, conduct, appearance, and integrity and will be responsible for taking such disciplinary action with respect to its personnel as may be necessary.

Weapons, Firearms, and Ammunition. Contractors are prohibited from possessing weapons, firearms, or ammunition, on themselves or with-in their privately owned vehicle while parked at the government facility.

Reporting Requirements. Contractor personnel will immediately report to an appropriate government authority any information or circumstances of which they are aware may pose a threat to the security of the Department of Veterans Affairs personnel, contract personnel, resources, and classified or unclassified VA information.

The contractor will not employ persons for work on this contract if such personnel are considered by the contract administrator to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

Contract personnel must present a neat appearance. All personnel must wear appropriate business attire and agency provided security badges (if on-site).

The contractor must not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the contractor must not employ any person who is an employee of the government facility, unless such person seeks and receives approval according to the Federal Acquisition Regulations (FAR) and VA Acquisitions Regulations (VAAR).

Contractor personnel may at no time prevent VA Regional Office employees from completing day-to-day operations. At no time can service to Veterans, Servicemembers, or dependents be halted or impeded.

Work Area. Contractor personnel will at all times keep work areas free from accumulation of equipment, files, and materials. Upon completion of the job or when away from the work site, contractor personnel will leave the work area and premises in a clean, neat, safe and workmanlike condition. Contractor personnel are responsible for removal and proper disposal of all job-related material at a permitted site.

Emergency Services. The government will provide fire and police services. There are no emergency medical services available at the Regional Office. Contractor personnel will contact the contract administrator, who in turn will contact the appropriate authorities. Should the appropriate authorities deem the matter an emergency, they will dial 911 for emergency medical, fire, and/or police services.

Emergency/Special Event Services. In the event of any building emergency where evacuation is required, all contractor personnel will be required to follow the Federal Building evacuation process as noted in the Occupant Emergency Plan.

REMOVAL FROM CONTRACT WORK - The contract administrator or a designated representative may require the contractor to remove any of their personnel from GSA controlled buildings or other real property should it be determined the individual(s) is either unsuitable for security reasons or otherwise unfit to work on federally controlled property. This will include instances where a contract employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

Contractor personnel may also be removed where the continued employment of contractor employee personnel in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population.

Where a contractor employee is granted a temporary suitability determination and an unfavorable final suitability determination is later rendered, the Government may insist on the employee’s removal from the work site and from other work in connection the agreement.

The contractor will be responsible for providing replacement personnel, at no additional cost to the Government, in cases where removal of employees becomes necessary.

ATTACHMENT – SERVICE HOUR LOG

B.3 DELIVERY SCHEDULE

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Chicago Regional Office 2122 W. Taylor Chicago, IL 60612

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

C.1 52.217-8 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.

[NA] 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.

[NA] 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)

Page 1 of

Page 1 of

C.4 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(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 802.101, 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 verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(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)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General. (1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB 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 VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multiple-award 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 requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (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 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 VIP-listed SDVOSBs (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 VIP-listed SDVOSBs. 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 CRF 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 VIP-listed SDVOSBs.

(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 VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed 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:

[Contracting Officer check as appropriate.]

____ 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 is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. 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 Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 USC 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.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 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):

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.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (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 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 and Other Covered Entities (NOV 2021) (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) 52.233-3, 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 products and commercial services:

[NA] (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. 2402).

[NA] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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. (NOV 2021) (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) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[NA] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[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 (NOV 2021) (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 (SEP 2021) 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 (SEP 2021) (15 U.S.C. 657s).

[NA] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[NA] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program…