36C10X24Q0076_3.docx

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

Wanda Y. Edwards Wanda.Edwards@va.gov Dante E Ruiz Dante.Ruiz@va.gov

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

Wanda Y. Edwards Wanda.Edwards@va.gov Dante E Ruiz Dante.Ruiz@va.gov 202-436-2671

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C10X24Q0076.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-02, effective February 23, 2024, and the Veterans Affairs Acquisition Regulations (VAAR) (See Sections C and E herein). The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/.

This is an unrestricted solicitation. The North American Industrial Classification System (NAICS) Code is 611430–Professional and Management Development Training, and the business size standard is $15.0 million.

All interested companies shall provide quotations for the following service:

· VHA Clinical Online Training Courseware

· See Attachment A Questioner Template

The contract resulting from this solicitation will be a Firm-Fixed Price contract.

The anticipated Period of Performance will be a (12) month base period with three 12-month option periods.

Any award resulting from this solicitation will be issued on a Standard Form 1449.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Accredited Clinical Online Courses Contract Period: Base POP Begin: TBD POP End: TBD

Accredited Clinical Online Courses Contract Period: Option 1

Accredited Clinical Online Courses Contract Period: Option 2

Accredited Clinical Online Courses Contract Period: Option 3

B.4 PERFORMANCE WORK STATEMENT

INSTITUE FOR LEARNING, EDUCATION AND DEVELOPMENT (ILEAD)

ACCREDITED CLINICAL ONLINE COURSEWARE

A. GENERAL

1. Title of Contract: VHA Clinical Online Training Courseware

2. Description of Services: The contractor shall deliver and maintain a content library containing accredited clinical online courses for 143,000+ Veterans Health Administration (VHA) healthcare providers and staff. Courseware shall be made accessible to VHA staff employees through the VA’s Talent Management System (TMS). The TMS is an online, interactive learning management system (LMS) that provides training to users throughout the VA. It is on the internet and can be accessed from any computer.

3. Scope: The contractor shall provide all labor, supervision, and other resources required to deliver commercial off the shelf and online courseware, i.e., Troubleshooting user-related issues launching/completing the content, exam re-sets, for VHA clinical staff employees including physicians, dentists, nurses, therapists, dietitians, psychologists, social workers, pharmacists, counselors, radiologist, optometrist, and medical technicians.

4. Background: Courses that contain content that is on the cutting edge as it pertains to the latest changes in treatment modalities, techniques and regulations not only provides a healthcare environment that keeps the patients healthier, but it also helps mitigate risks inherent in the medical profession. Clinical training and certification are required for the Department of Veterans Affairs’ clinicians and is an essential component of the individual provider licensure/certification and competency. The clinical training helps learners achieve Joint Commission accreditation at their facilities based on The Joint Commission (TJC) national standards. The use of a continuous online education system casts the largest potential net to enable the largest percentage of the VA workforce to receive technical and professional training. As a result, accredited, online clinical training available to the VA clinicians will lead to improved clinical care and workplace excellence in VHA.

The VHA’s general staffing levels for patient care/clinical professions are composed as roughly defined below:

Table 1:

VHA PATIENT CARE/CLINICAL PROFESSIONS

5. General Information/Objectives: VHA is pursing access to clinical courseware that is built on interactive and active online learning techniques and strategies (courseware that is based strictly on passive learning i.e. text-based content will not be deemed acceptable). Certainly, online based learning depends on computer use, but it is far more than just computer-based education but in order for optimal learning, a level of participant interactivity is crucial. Interactivity is about the integration of computers into regular teachable lessons. Interactive learning techniques is defined as physical hands-on activities (i.e. educational game, quizzes, puzzles/puzzle piecing, drag and drop responses etc.).

Interactive learning is the opposite of passive learning, which depends on observation. Students need a balanced combination of passive and active learning in order to master concepts. If everything is interactive, students run the risk of being overstimulated, or losing track of the main goals. If teaching is entirely passive, however, students may find their interest and focus declining.

6. Period of Performance: The period of performance shall be one 12-month base period with three 12- month option periods.

7. Place of Performance: Work shall be performed at the contractor’s site. On occasion the contractor may be required to attend meetings. Meetings will be held telephonically or virtually.

8. Type of Contract: Firm Fixed-Price

9. Specific Tasks and Deliverables

9.1: The contractor shall provide to VHA within 7 business days of contract award a Content Library Containing Accredited Clinical Online Courses that include but are not limited to:

9.1.1: Accredited Clinical Online Courses that cover at a minimum a multitude of clinical disciplines (see ‘Table 1” above). *Those denoted with an asterisk, the government requires the contractor to provide a minimum of 10 courses specific for that target audience.

**Those denoted with a double asterisk, the government requires the contractor to provide a minimum of 20 courses specific for that target audience.

The contractor shall provide courseware that provides clinical training that covers an array of healthcare professions in a manner that enhances knowledge to clinicians across the VA enterprise. Furthermore, it is imperative the contractor provide an inventory of courses that is not targeted to any one or two professions.

For example: It would not be deemed acceptable if of the contractor’s content library inventory of 100 courses, 80 were geared for a specific target audience such as nursing. It would be unsatisfactory to provide 20 courses to cover the remaining career fields/target audiences. For instance, in this scenario, it would be unsatisfactory for 90% of the courseware to be geared toward nursing and the remaining 10% to cover the remaining target audiences.

Deliverable:

· Content Library Containing Accredited Clinical Online Courses

9.1.2: Clinical online training courses shall be accredited by national and state agencies for appropriate Continuing Education Unit (CEU) or Continuing Medical Education (CME) credit. Contractor shall provide courseware that provides CEU/CME with at least one national accreditation at a minimum. Additionally, courses will be consistent with The Joint Commission standards to achieve Joint Commission accreditation.

National Accreditations:

In addition to the following State accreditations:

The contractor is responsible for assuring and maintaining professional accreditation for the courses throughout the life of the contract.

9.1.3: Clinical online training courses must be integrated with the VA TMS. Courses shall be available and accessible only through the VA TMS. Courses shall be Aviation Industry CBT (computer-based training) Committee (AICC) or Sharable Content Object Reference Model (SCORM) and Section 508 compliant. Courses shall have a defined course title, length of time [i.e., hour(s)], description of material to be taught (i.e., syllabi, table of contents, etc.), and whether materials are included (i.e., books, pamphlets, software, etc.). Courseware shall also provide student follow-up/evaluation to ensure knowledge transfer and quality courses and an accredited certificate of completion. Courses shall be 1.0 continuing education credits or more.

9.1.4: VA employees need to be able to access clinical online training courses from TMS using their desktop or remote government furnished computing equipment. The course content will connect within 60 seconds of launch. Courses shall be available 24 hours per day every day, including weekends and holidays.

9.1.5: Course completions shall be automatically reported within 3 business days of completion to CE Broker, the continuing education tracking system for the U.S.

9.1.6: The Contractor shall update the existing courses offered based on updated content information as well as emergent VA training courseware needs (e.g. COVID, Zika virus).

9.2: The contractor shall develop and maintain an effective quality control program to ensure services are performed with minimal disruption and in accordance with this Performance Work Statement.

Deliverable:

· Quality Control Plan

9.3: The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective courses, defective system availability, and defective data transfers/ downloads.

Deliverable:

· Process and procedure document

9.4: Contractor shall work with the ILEAD PM and the VHA Clinical Online Training Support Team to provide professional and technical support services via email and telephonically (8:00 a.m. EST – 4:00 p.m. PST Monday – Friday) to deliver commercial, off-the-shelf clinical/health care online training courses throughout the entire performance of period.

9.4.1: Contractor shall provide the ILEAD PM and the VHA Clinical Online Training Support Team a point of contact and a clear escalation path for technical issues that require vendor action to achieve resolution. Acknowledgment of request for technical support within 24 hours.

9.5: Contractor shall provide a weekly, cumulative report of usage including number of users trained by discipline, number of courses completed, and credit hours awarded and evaluation results.

Deliverable:

• Weekly, Cumulative Report

9.6: Contractor shall provide a course catalog which is updated monthly and available to participants via the VHA ILEAD Website.

Deliverable:

· Course Catalog

9.7: Contractor shall provide the ILEAD PM on a quarterly basis with online training course data that displays the number of successful and unsuccessful employee access attempts, access times and employee pass and fail rate for each course. Tracking of training completions will be stored on the TMS.

Deliverable:

· Quarterly - Online Training Course Data Report

9.8: The contractor shall develop and present a quarterly summary report of findings from the VA employee feedback course evaluation survey for each individual course offering.

Deliverable:

· Quarterly – Summary Report

9.9: Contractor shall provide a clinical online training course evaluation survey at the end of each individual course offering. The evaluation survey data will be stored on the contractor system. The evaluation data shall contain any applicable post testing information, training evaluation questions/answers and the name and accreditation information of the training participant.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this PWS until the Contract states work should commence.

C. QUALITY CONTROL

The contractor shall develop and maintain an effective quality control plan to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control plan is the means that the work complies with the requirements of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified below. After acceptance of the quality control plan the contractor shall receive the COR’s acceptance in writing of any proposed change to the Quality Control plan.

Performance Requirements Summary (PRS)

The deliverables below, the Performance Standard is defined as work being completed within established timeframes.

· ILEAD Clinical Online Courseware

D. FORMAL ACCEPTANCE OR REJECTION OF DELIVERABLES

The Government will review within five business days each deliverable and provide feedback/comments. The contractor shall have five business days to incorporate feedback/comments and make appropriate revisions. The contractor shall provide the revised version of each deliverable within three business days to the Contracting Officer’s Representative (COR). The COR will review and determine final acceptance by the Government. The COR will notify the contractor of final acceptance within five business days.

F. CHANGES TO THE PWS

Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

G. CONTRACTOR REPORTING REQUIREMENTS

1. The contractor shall submit a quarterly progress report addressing the status of all active efforts. The official reporting for order compliance shall be these quarterly reports due on the fifth workday. The reports will cover progress made for the prior quarter. At the conclusion of each deliverable listed under section 9, the contractor shall provide a written memorandum documenting deliverable completion.

2. The quarterly progress report shall also identify any problems that may have arisen and an explanation of how each problem was resolved, or where not resolved, a plan for how the problem will be resolved.

3. The contractor shall take minutes of all formal conference calls and/or meetings held with the Program Manager. Copies of these minutes shall be attached to the next quarterly progress report.

4. Quarterly progress reports shall contain the following:

a) Status summary

b) Change request status (new, open, closed since last report)

c) Issue status (new, open, closed since last report)

d) Schedule status

e) Minutes of status meetings

f) Evaluation reports

H. TRAVEL

1. Travel is not anticipated for the performance of this contract.

I. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the contract.

2. The Contracting Officer will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the Contracting Officer for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

J. Contractor Information Security: The Contractor will not have access to any Privacy Protected Information (PPI). Contractor will have access to VHA Information Technology systems (TMS). The contractor shall be set up with contractor accounts in TMS which will be accessed without PIV or access to the VA Network.

K. Government Furnished Information and Equipment:

Government furnished equipment will not be issued, however, the contractor will have access to government information regarding which VHA employees have taken classes and the outcome of each class.

Combined Synopsis/Solicitation Notice

Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS, APPLIES TO THIS ACQUISITION.

C.2 52.212-4 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.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.4 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.5 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 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 four years.

(End of Clause)

C.6 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of clause)

C.7 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of clause) C.8 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS - ORDERS OR BPAs (JAN 2023)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s certified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of certified SDVOSB/VOSB listed in the SBA certification database on the SB Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128).

(c) A certified SDVOSB listed in the SBA certification database schedule holder will receive full credit, and a certified VOSB listed in the SBA certification database schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use certified SDVOSBs/VOSBs listed in the SBA certification database as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the certified SDVOSB(s)/VOSB(s) listed in the SBA certification database with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/subcontractor’s listing in the SBA certification database.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause) C.9 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS - ORDERS AND BPAS (JAN 2023) (DEVIATION).

(a) The Contractor agrees, if selected on the basis of having certified service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status (see 13 CFR 128), to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis of teaming/ subcontracting in accordance with 852.208-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors—Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more certified SDVOSB/VOSB listed in the SBA certification database for work of the same or similar value.

(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause) C.10 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.10 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled Veteran-owned small businesses (SDVOSBs) or Veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 USC 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause) C.11 852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (JAN 2023) (DEVIATION)

(a) This clause does not apply to small business concerns.

(b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to certified service-disabled veteran-owned small business and certified veteran-owned small business SDVOSB/VOSB shall be at least commensurate with the Department's annual SDVOSB/VOSB subcontracting goals.

(c) For a commercial plan, the minimum goals for award of subcontracts to SDVOSB/VOSB shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business subcontracting goals for the total value of projected subcontracts to support the sales for the commercial plan.

(d) To be credited toward goal achievements, SDVOSB/VOSBs must be certified and listed in the SBA certification database at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128). A contractor may reasonably rely on a subcontractor’s status as shown in the SBA certification database as of the date of subcontract award, provided the contractor retains records of the results of the SBA certification database query.

(e) The Contractor shall annually submit a listing of SDVOSB/VOSB (for which credit toward goal achievement is to be applied) for review by personnel in the Office of Small and Disadvantaged Business Utilization. Use VA Form 0896A, Report of Subcontracts to Small and Veteran-Owned Business.

(f) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

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

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

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

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

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

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

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

(End of Clause)

C.13 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) (End of Addendum to 52.212-4) C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[x] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

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

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

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

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

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

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

[x] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[x] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (SEP 2023) of 52.219–9.

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

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

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

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

[] (25) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (FEB 2024) (15 U.S.C. 657f).

[x] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[x] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[x] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[x] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

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

[x] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[x] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[x] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(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.)

[] (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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

[] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

[x] (48) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (52)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (53)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (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), Public Law 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.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (NOV 2023) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (54) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[x] (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (56) 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. Subtitle A, Part V, Subpart G Note).

[] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[] (59) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[x] (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[x] (66) 52.242-5, Payments to Small Business…