36C24123Q0411.docx

36C24123Q0411

SOLICITATION NOTICE.

This solicitation is being issued as unrestricted. The limitations of subcontracting, as described in FAR 52.219-14, will apply to any potential contract. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

The Department of Veterans Affairs, Veterans Health Administration, intends to solicit proposals from contractors to provide Yoga Training Instructor Services in support of VAMC Connecticut Healthcare System. NAICS Code is 611699 with a Small Business Size Standard of $16.5 Million. The product/service code is U099. The VA anticipates issuing a solicitation for this requirement on or about 2/28/2023. Proposals will be accepted for a two-week period commencing with the issuance date of the solicitation. Interested contractors will be responsible for downloading copies of the solicitation (and any subsequent amendments) from that website, and no hard copies will be made available. The solicitation will provide instructions to contractors about the proposal submission process. Prospective Offerors are encouraged to register their interest in the solicitation on the Contracting Opportunities website (beta.sam.gov) so that they are notified of the issuance of the solicitation and any amendment.

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

36C24123Q0411 02-28-2023 Tara Dossiema 603-624-4366 x5129 03-15-2023

12:00 PM

EDT

Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester

NH

03104 X 611699 $14.5 Million X Department of Veterans Affairs CT Healthcare System 555 Willard Ave Newington

CT

06111 Department of Veterans Affairs VAMC Manchester 718 Smyth Road Manchester

NH

03104

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page This is a Non-Personnal, Firm Fixed Price Solicitation for Yoga Training Instructor Services for the VAMC Connecticut Healthcare System in pursuant with the Statement of Work herein. Contractor will provide all personnel, supervision, labor, equipment, materials, and disposal necessary to provide the supplies or services.

The following Wage Determinations are hereby incorporated into the subject solicitation:

WD 2015-4119 Rev. 22 dated 12/27/2022 for Hartford County.

WD 2015-4127 Rev. 23 dated 12/27/2022 for New Haven County.

See CONTINUATION Page X X X Sterling Mathews Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C241 Tara Dossiema Department of Veterans Affairs VAMC Manchester

718 Smyth Road Manchester NH 03104

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

STATEMENT OF WORK

YOGA INSTRUCTOR SERVICES

Title of Project: Mindfulness-Based Yoga Program for Whole Health in Newington, West Haven/Orange, CT.

Scope of Work: Request is for a Contractor to provide comprehensive Yoga services that meets the various needs of the veteran patient population and to promotes health and well-being for VA Connecticut Healthcare System’s (VACHCS) Veteran population. The Contracted Yoga Contractor will be responsible to develop a comprehensive Yoga Program for the Veterans that meets the minimum requirements and deliverables as stated below. Some Yoga Classes will include Mindfulness-Based /Trauma Sensitive Yoga. The Contractor will seek input from the VA Whole Health Program Manager or Representative/s while developing this program.

Type of Contract: 1 base year and 4 option years.

REQUIREMENTS AND DELIVERABLES:

Taking into consideration VA policy during the SARS-CoV2 pandemic, Contractor will work with VA staff to deliver in-person and virtual services based on available space, weather conditions, social distancing guidelines, and VA policy. Face-to-face classes will be held outdoors whenever possible or moved indoors based on weather conditions if space is available and social distancing guidelines can be followed. Face-to-face classes will be held at both the greater West Haven campus, Orange Annex, and the Newington campus all in CT. The Contractor must also have the ability to provide virtual classes covering the same material. Virtual classes will be offered using one of the VA approved virtual platforms and will be managed by VA staff. The Contractor must be able to offer these classes from home or studio location using the approved platform.

A) The Contractor shall be required to provide the following 4 Yoga Classes:

1. Yoga for Wellness – 1 class per week on the Newington, West Haven, or Orange campuses in Connecticut (CT). Classes will be held for 48 weeks out of 52 weeks yearly to Veterans only.

a. Class must be in-person on the CT campus designated.

b. Class will also be streamed virtually from classroom by camera for veterans not attending in-person.

c. This class will be a drop-in class.

d. Each session will be at least 60 minutes.

e. Must be able to modify yoga to suit the ability and capacity of the class participants.

2. Progressive Yoga - 1 class per week on the Newington, West Haven, or Orange campuses in Connecticut (CT). Classes will be held for 48 weeks out of 52 weeks yearly to Veterans only. Ongoing weekly Progressive Yoga Class includes Movement, Breathing, Yoga Nidra, Meditation, and Gratitude will be offered.

a. Class must be in-person on the CT campus designated.

b. Class will also be streamed virtually from classroom by camera for veterans not attending in-person.

c. This class will be a drop-in class.

d. The group classes will be offered in 6, 8, or 12 week cohorts to run on a continuous basis. Class format may be modified in agreement with the VA Whole Health Program Manager if needed.

e. Each session will be at least 60 minutes.

f. Must be able to modify yoga to suit the ability and capacity of the class participants.

3. Trauma Focused Yoga Classes - 1 class per week on the West Haven campus in Connecticut (CT). Classes will be held for 48 weeks out of 52 weeks yearly to Veterans only. The sessions must incorporate movement/basic postures, yoga breathing techniques, Yoga Nidra, meditation, guided relaxation, and gratitude. The sessions must be trauma focused for a Post-Traumatic Stress Disorder (PTSD) population. At the discretion of VA CT Healthcare System, sessions may be provided remotely and/or in-person.

a. Class must be in-person on the West Haven, CT campus.

b. Class will also be streamed virtually from classroom by camera for veterans not attending in-person.

c. Each participant will be provided instructional in-person or online materials.

d. Participants will be mostly beginners with PTSD, as well as more advanced Veterans with PTSD.

e. Each session will be at least 60 minutes.

f. Must be able to modify yoga to suit the ability and capacity of the class participants.

4. Trauma Focused Sessions of Mindfulness-Based/Trauma Sensitive Yoga Classes - 1 class per week on the Orange campus in Connecticut (CT), community yoga studio, or community space. Classes will be held for 44 weeks out of 52 weeks yearly to Veterans only. The sessions must incorporate movement/basic postures, yoga breathing techniques, Yoga Nidra, meditation, guided relaxation, and gratitude. The sessions must be trauma focused for a PTSD-VIPRP Program at VA CT Healthcare System. THIS WILL BE A COMMUNITY BASED PROGRAM. At the discretion of VA CT Healthcare System, sessions may be provided remotely and/or in-person.

a. Class must be in-person on the Orange campus in CT, community yoga studio, or community space.

b. Class will also be streamed virtually from classroom by camera for veterans not attending in-person.

c. Each participant will be provided an instructional online material.

d. Participants will be mostly beginners with PTSD, as well as more advanced Veterans with PTSD.

e. Each session will be at least 60 minutes.

f. Must be able to modify yoga to suit the ability and capacity of the class participants.

B) Yoga Mats & Educational Reference Materials:

a. Each participant must be provided with a Yoga mat, and other educational and/or reference materials as needed, which the Government shall provide.

C) The Contractor, Yoga Instructor, or designated Yoga teacher MUST provide documentation of the following, A & B certifications are required:

a) Certification through a Yoga Alliance e-RYT 200/equivalent program OR 200 contact hour training plus 1000+ documented teaching hours, and 2 years of teaching experience.

b) AND RYT 500, or C-IAYT (certified yoga therapist).

c) Trauma informed yoga training completed is optional.

D) Yoga Instructor/Contractor (or designated Yoga teacher) MUST:

1) Have experience working with patients who may have the following diagnoses: Chronic Pain, Traumatic Brain Injury, Anxiety, Insomnia, Depression, Drug Addictions, or Anger issues.

2) Have experience in working with patients who have Post Traumatic Stress Disorder or have had additional training in Trauma sensitive/related Yoga or additional training/certification for working with military or veteran population.

3) Create a safe environment of healing and restoration for Veterans.

4) Be able to modify the positions as needed to accommodate patients with physical limitations.

5) Be able to either present a Video Platform/CD/DVD of his/her Yoga teaching session or allow the designated VA staff to attend/visit one of the Yoga classes offered by the contractor in the community as requested.

6) Maintain up-to-date trainings that are required by the VHA for all personnel involved in patient care and/or research studies. Training certificates must be given to the Program Manager or other appropriate staff at the VACT to include but not limited to Privacy Trainings such as TMS #10203 and #10176.

7) Be able to demonstrate an understanding of VHA guidelines and policies. The yoga instructor is required to follow all VHA guidelines and policies surrounding patient care.

8) Follow policies and procedures and shall comply with all VA Privacy & Security, the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA).

PRIOR TO DELIVERY OF SERVICE:

Session dates will be finalized no later than 30 days after contract award. Session dates may be subject to change.

SAFETY AND FIRE PREVENTION:

1. In the performance of this contract, the Contractor shall take such safety precautions as necessary to protect the lives and health of the occupants of the buildings where equipment shall be installed. The Contractor shall comply with applicable Federal, State, and local safety and fire regulations and codes, which are in effect during the performance period of the contract. The Contractor personnel shall follow applicable facility policies concerning fire/disaster programs. When conducting any installation, maintenance or repairs, the Contractor shall display appropriate warning devices in all areas where operations may cause a traffic obstruction and/or personnel hazard.

2. Contractor (or designated therapist) must have experience working with patients who may have the following diagnoses: Chronic Pain, Traumatic Brain Injury, Anxiety, Insomnia, Depression, Drug Addictions, or Anger issues.

3. Contractor (or designated Yoga teacher) must have experience in working with patients who have Post Traumatic Stress Disorder or have had additional training in Trauma sensitive Yoga or additional training/certification for working with military or veteran population.

EVALUATION METRIC:

Contractor will provide services set forth in the contract.

NORMAL WORKING HOURS:

Normal working hours are defined as 8:00 a.m. to 4:30 p.m., Monday through Friday, except weekends and national holidays.

NATIONAL HOLIDAYS:

Listed below are the eleven national holidays:

*Juneteenth (new Federal holiday) June 19th

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government agencies.

Also included would be any other day specifically declared by the President of the United States as a National Holiday.

COMPLAINTS:

The Contractor shall promptly and courteously respond to complaints, including complaints brought to the contractor’s attention by the Contracting Officer acting as the common agent, or the Quality Assurance Evaluator (QAE). The Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the caller, the nature of the complaint, and the Contractor’s response. The Contractor shall permit the Government to inspect such records upon reasonable notice.

MONITORING PROCEDURES:

The Whole Health Program Manager shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action. If determined appropriate, the Contracting Officer, Program Manager and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented and MUST be corrected within the timeframe specified in the cure notice. The Contractor shall notify the Contracting Officer and the Program Manager when correction(s) have been made. If the appropriate correction is not made within the timeframe specified in the cure notice, the Government shall have the right to terminate the contract in its entirety.

ORDERING ACTIVITY:

The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or the delegated Government representative acting within the limit of his/her authority.

PERSONNEL POLICY:

1. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, such as providing Workers’ Compensation, professional liability insurance, health examination and social security payments. Payment for any leave, including sick leave or vacation time is considered the responsibility of the Contractor.

2. The Contractor shall follow all existing local, state, federal employment laws and/or union regulations relevant to fringe benefits and premium pay for their employees. Such personnel shall not be considered VA employees for any purpose. Cost quoted in the solicitation is all-inclusive of all incidental costs including housing, transportation and premium payments for applicable insurance coverage.

CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

1. Contractor shall be required to provide copies of the following:

a. Prior to contract award, the Contractor shall furnish to the Contracting Officer certification from the insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished at least thirty (30) days prior to the expiration date of the current insurance policy.

CONTRACTOR POINT OF CONTACT:

1. The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and Program Manager in writing those times when the alternate shall act as the POC.

2. The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate upon contract award.

Point of Contact, Name:

Telephone Number:

Alternate Point of Contact, Name:

Telephone Number:

3. The POC shall be available by telephone Monday through Friday, between 8:00a.m. to 4:30 p.m. excluding national holidays.

* The parties agree that the Contractor’s personnel including POC and subcontractors performing under this contract shall not be considered VA employees for any purpose. They all shall be considered employees of the Contractor.

PROJECT MANAGERs:

1. The Project Managers for this contract is designated as: Andrea Valenti, RDN, LDN, CDN, IFNCP.

2. Delegation of Authority letters shall be forwarded to the using service and Contractor after agreement has been signed, identifying the individual(s) as the Program Manager. No service shall be provided without the approval of the Program Manager or the designee of the Contracting Officer. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative(s) acting within the limits of his/her authority.

BADGES:

All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA grounds. I.D. badges shall have an identification picture, name of the individual and the represented company depicted on it. I.D. badges shall be returned at the end of the day or on completion of the service.

PARKING POLICY:

It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances.

SMOKING POLICY:

Smoking is not permitted within or around the VA facility grounds, except in designated areas.

INVOICE REQUIREMENT:

1. The invoice shall be itemized to include the information listed below. Incomplete and incorrect invoices shall be returned for correction.

(1) Invoice Number and Date

(2) Contract Number

(3) Purchase Order/Obligation Number

(4) Line item from Schedule of Service associated with each charge

(5) Net Payment Due

2. Contractor shall submit original invoice with pre-printed company name. For the Government invoice/billing address information, reference Contract Administration Data section.

Records Management

The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Yoga for Wellness - In accordance with the Statement of Work.

Contract Period: Base POP Begin:

POP End:

Progressive Yoga - In accordance with the Statement of Work.

Trauma Focused Yoga Classes - In accordance with the Statement of Work.

Trauma Focused Sessions of Mindfulness-based /Trauma Sensitive Yoga Classes - In accordance with the Statement of Work.

Yoga for Wellness - In accordance with the Statement of Work.

Contract Period: Option 1

Progressive Yoga - In accordance with the Statement of Work.

Trauma Focused Yoga Classes - In accordance with the Statement of Work.

Trauma Focused Sessions of Mindfulness-based /Trauma Sensitive Yoga Classes - In accordance with the Statement of Work.

Yoga for Wellness - In accordance with the Statement of Work.

Contract Period: Option 2

Progressive Yoga - In accordance with the Statement of Work.

Trauma Focused Yoga Classes - In accordance with the Statement of Work.

Trauma Focused Sessions of Mindfulness-based /Trauma Sensitive Yoga Classes - In accordance with the Statement of Work.

Yoga for Wellness - In accordance with the Statement of Work.

Contract Period: Option 3

Progressive Yoga - In accordance with the Statement of Work.

Trauma Focused Yoga Classes - In accordance with the Statement of Work.

Trauma Focused Sessions of Mindfulness-based /Trauma Sensitive Yoga Classes - In accordance with the Statement of Work.

Yoga for Wellness - In accordance with the Statement of Work.

Contract Period: Option 4

Progressive Yoga - In accordance with the Statement of Work.

Trauma Focused Yoga Classes - In accordance with the Statement of Work.

Trauma Focused Sessions of Mindfulness-based /Trauma Sensitive Yoga Classes - In accordance with the Statement of Work.

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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 52.252-2 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 (FAR) http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

C.2 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.3 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.4 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.

[] 852.209–70, Organizational Conflicts of Interest.

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

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

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

[] 852.214–74, Marking of Bid Samples.

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

[X] 852.215–71, Evaluation Factor Commitments.

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

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

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

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

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

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

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

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

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

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 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.

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

[] 852.233–71, Alternate Protest Procedure.

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

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

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

[] 852.270–1, Representatives of Contracting Officers.

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

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

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

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

[] 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:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a) Definition. For the Department of Veterans Affairs, ‘‘Veteran-owned small business or VOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more 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 Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

(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 requirement therein that applies to a service-disabled veteranowned small business concern or SDVO SBC, is to be construed to also apply to a VA verified and VIP-listed VOSB, unless otherwise stated in this clause.

(vi) The term VOSB includes VIP-listed service-disabled veteran-owned small businesses (SDVOSB).

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

(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’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), 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 VOSBs, including VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made only to a VIP-listed VOSB who is eligible at the time of submission of offer(s) and at 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 a VOSB, including setasides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed VOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible VOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multipleaward contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, any 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 VOSB. For the purpose of the limitations on subcontracting, only VIP-listed VOSB, (including independent contractors) is 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 and/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 VOSB 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 VOSBs (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 VOSB 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 VOSBs. 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 VOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the VOSB 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 VOSBs.

(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 VOSBs.

(5) Subcontracting. A VOSB 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 VOSB 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. A VOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as a VOSB 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 also apply to a VIP-listed VOSB. 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 802.10, 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 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB 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.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) As prescribed in 819.7011(b), insert the following clause:

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

(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: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) [ ] 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 852.219-73 or VOSBs as set forth in 852.219-74. 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) [ ] 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 852.219-73 or VOSBs as set forth in 852.219-74. 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) [ ] 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 852.219-73 or VOSBs as set forth in 852.219-74. 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. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ______________________________________ (End of Clause)

C.7 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.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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:

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

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

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

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

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

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

[] (8) 52.209–6, Protecting the…