36C24225Q0848_1 - VISN2 Legionella Testing.pdf
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- Attached to
- VISN2 Legionella Testing and Analysis Federal contract opportunity
- Solicitation number
- 36C24225Q0848
About this file
This is a Department of Veterans Affairs (VA) Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) for Legionella water sample testing and analysis. The contract is for water sample testing at multiple VA medical centers in VISN 2, covering locations in New York and New Jersey, with a 5-year ordering period from 12/01/2025 to 11/30/2030. The requirement includes testing water samples for Legionella in conformance with VHA Directive 1061, with an estimated 5,190 total samples per year across various facilities.
Key requirements include using a laboratory certified by the CDC Environmental Legionella Isolation Techniques Evaluation (ELITE) program and having New York State Environmental Laboratory Accreditation Program (ELAP) certification. The contract is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and will involve either VA personnel collecting samples or contractor on-site collection. Sampling will occur quarterly at each facility, with potential additional non-routine sampling. The standard tests will culture and identify Legionella species with a detection limit of 0.1 Colony Forming Units per milliliter, and preliminary reports must be provided within 7 days, with final reports due within 14 days of sample receipt.
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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
None
12-01-2025 None 36C24225Q0848 08-18-2025
Daniel Zielinski 716-862-7461 EXT.22380 08-29-2025
4PM EDT
Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227
X 100
X
541380
$19 Million
N/A
X
WNY Healthcare System
3495 Bailey Avenue Buffalo NY 14215
Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227
Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
Water sample testing and analysis for Legionella for VISN2.
For additional details see the attached statement of work.
See Instructions 52.212-1 and Evaluation 52.212-2 for details on submitting quotes.
None
X X
X 1
Nathan Northrup Contracting Officer
36C24225Q0848
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
C.5 52.216-18 ORDERING (AUG 2020)
C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)
C.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS –
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.6 52.216-1 TYPE OF CONTRACT (APR 1984)
E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.8 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION
FEB 2025)
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 36C242
Network Contracting Office (NCO) 2
2875 Union Road
Suite 3500
Cheektowaga NY 14227
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] of services rendered
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK
B.2.1 GENERAL
1. This requirement is for Water Sample Testing and Analysis for Legionella at Veterans Health Administration (VHA), Veterans Integrated System Network (VISN) 2, at multiple locations listed in section B.2.1.3 with a 5-year ordering period from 12/01/2025 to 11/30/2030. VHA VISN 2 has a requirement for testing water samples for legionella in conformance with VHA Directive 1061 (4), “PREVENTION OF HEALTH CARE-
ASSOCIATED LEGIONELLA DISEASE AND SCALD INJURY FROM WATER
SYSTEMS”.
2. Sites may either elect to collect water samples in-house using VA resources or require on-site collection of samples by the contractor. Specific sampling locations will be determined by the Contracting Officers Representative (COR). The estimated number and type of samples to be collected and/or analyzed is specific below.
3. Services shall be provided by a laboratory certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program with demonstrated proficiency for performing the culture of Legionella from environmental samples. In addition to the CDC ELITE certification, the laboratory must have the appropriate current New York State Environmental Laboratory Accreditation Program (ELAP) certification and environmental analyses of potable water.
4. The vendor shall provide all labor, materials, and equipment necessary to perform legionella water quality testing for the VHA facility locations listed.
5. Locations
a. Albany VA Medical Center 113 Holland Avenue Albany, NY 12208-3410
b. Bath VA Medical Center
76 Veterans Avenue Bath, NY 14810-0810
c. Bronx VA Medical Center 130 W. Kingsbridge Road Bronx, NY 10468
d. Canandaigua VA Medical Center
400 Fort Hill Avenue Canandaigua, NY 14424-1159
e. Hudson Valley Healthcare System
Franklin Delano Roosevelt VA Medical Center 2094 Albany Post Road
Montrose, NY 10548, 1454
f. Hudson Valley VA Medical Center Castle Point VA Medical Center 41 Castle Point Road Wappinger’s Falls, NY 12590-7004
g. New Jersey Healthcare System
East Orange VA Medical Center 385 Tremont Avenue East Orange, NJ 07018
h. New Jersey Healthcare System
Lyons VA Medical Center 151 Knollcroft Road Lyons, NJ 07939
i. New York Harbor Healthcare System
Manhattan VA Medical Center 423 E.23rd Street New York, NY 10010-5011
j. New York Harbor Healthcare System
Brooklyn VAMC 800 Poly Place Brooklyn, NY 11209-7104
k. New York Harbor Healthcare System
St. Albans Community Living Center 179-00 Linden Blvd Jamaica, NY 11434-1468
l. Northport VA Medical Center 79 Middleville Road Northport, NY 11768
m. Syracuse VA Medical Center
800 Irving Avenue Syracuse, NY 13210
n. Western New York Healthcare System
Buffalo VA Medical Center 3495 Bailey Avenue Buffalo, NY 14215
o. Western New York Healthcare System
Batavia VA Medical Center Batavia, NY 14020-1227
6.
Facility Number of Legionella Samples to be Analyzed per Quarter
Number of Legionella Samples to be Analyzed per Year
Albany 55 220
Batavia 100 400
Bath 100 400
Brooklyn 45 180
Bronx 70 280
Buffalo 75 300
Canandaigua 60 240
Castle Point 80 320
East Orange 65 260
Lyons 100 400
Manhattan 55 220
Montrose 150 600
Northport 180 720
St. Albans 55 220
Syracuse 45 180
Resampling* 5% of subtotal 250
Total 5190**
** VA does not guarantee any specific volume of samples to be submitted under this requirement.
7. Unless specifically directed otherwise, all samples shall be “immediate” (e.g. collected immediately after the tap is opened). The specific sampling locations and type of sample (e.g. hot water or cold water) will be specified by the COR.
8. The vendor shall provide adequate quantities of new, sterile sampling containers appropriate for the analyses to be performed. The vendor shall bear the cost of providing and shipping the containers to the VA at the inception of the contract term and as required thereafter. All containers shall be 250 milliliter minimum capacity, have tamper-evident seals and be appropriate for the analyses performed, including preservatives.
9. For sampling events conducted by VA personnel, provide reusable ice packs, appropriate insulated shipping containers, sample labels, chain of custody forms and all other appurtenances necessary to facilitate sample collection by VA.
10. Provide pre-paid shipping labels for shipping from VA locations to the laboratory.
Shipping services must be expedited in order to ensure that sample processing does not exceed designated holding times.
11. Standard tests performed shall be CDC/ISO/SM9260J culture and identify enumerate, and provide individual numeration of l. pnemphila Serogroup 1, 1.L pneumophila Serogroups 2-15 and other Legionella species (L. anisa, L. bozemanii, L. dumoffii, L.
feeleii, L. gormanii, L. jordanis, L. longbeachae, L. macaechernii, L. micdadei, L.
oakridgensis). The limit of detection for legionella shall be no higher than 0.1 Colony Forming units per milliliter (CFU/ml).
12. If requested, the laboratory shall be capable of performing additional analyses, such as Polymerase Chain Reaction (PCR) at established unit prices.
13. All recovered Legionella isolates must be properly stored for at least six (6) months to ensure availability if molecular characterization is required.
14. The vendor shall provide clear and comprehensive analytical reports including a comparison of sample results to the applicable thresholds and standards. A preliminary report for any samples showing legionella growth shall be provided within seven (7) days after samples are received by the laboratory. The final reports shall be provided within fourteen (14) days of laboratory receipt of samples. All analytical reports shall be transmitted to designated VA contacts via email.
15. In addition to the vendor’s standard laboratory report format, the vendor shall provide sample results in a specified Excel table format for direct upload into VHA’s Water
Safety Management Tool (WSMT). The results table format shall be updated by the vendor as required to ensure that the tables are acceptable for upload to WSMT.
B.2.2 CONTRACT OPTION FOR SAMPLE COLLECTION (OPTION A)
1. OPTION A (for on-site collection by the vendor) may be exercised at the discretion of the Government. There is no Government guarantee that OPTION A will be implemented under this contract.
2. Under this option, the vendor shall physically report to the designated sites and collect samples. Laboratory analyses shall then be performed as per the case portion of the statement of work.
3. Vendors shall be provided a list of specified sampling locations at designated facilities and will schedule sampling with facility COR’s. Each facility will have four (4) routine quarterly sampling events per year, which may be scheduled in advance with each facility. Facilities may require additional “non-routine” sampling outside of the quarterly events (i.e. post-remediation sampling in response to positives). In the case of non-routine sampling, vendors shall be required to collect samples within 72 hours of notice.
COR will assist vendor personnel in obtaining requisite identification badges to enter the facilities and collect samples.
4. Samples shall be collected during regular business hours, Monday through Friday 8:00am to 4:30pm EST.
5. All sampling containers, supplies and equipment shall be provided by the vendor. All containers shall be 250 milliliter minimum capacity, have tamper-evident seals and be appropriate for the analyses performed, including preservatives. Sample collection shall be “immediate” (collected promptly after the tap is opened) and may typically include:
domestic cold and hot water from fixtures such as sinks and showers; “pure” cold water sources such as ice machines; and “pure” hot water sources such as outlets from hot water tanks/heaters. Sample collection may also include cooling water from tower basins or circulation points.
6. The sampler must test and record the following parameters at each sampling station:
temperature, pH and biocide level. The vendor shall submit and maintain specifications, calibration and quality control validation procedures for measuring instrumentation used to test for the required parameters. For measurement of biocide levels, the vendor shall use a measurement device appropriate to the type of biocide used at the medical center (chlorine, chlorine dioxide or monochloramine).
7. Following sample collection, the vendor is responsible for transporting samples to their laboratory and completing analysis in accordance with the base portion of this PWS.
Upon completion of analysis, the vendor shall provide all sampling details (location, sample source, pH, biocide and temperature measurements, legionella testing results) on Excel tabular format as specified by VA, for upload into the VA Water Safety Management Tool.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVIC
ES
QUANTIT
Y
UNI
T UNIT PRICE AMOUNT
1.00 EA ________________
Legionella Testing as described in the SOW including on-site collection.
Contract Period: Base POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: F103 - Environmental Systems Protection - Water Quality Support
Legionella Testing as described in the SOW for samples collected by VA.
Contract Period: Base POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella retesting as described in the SOW (to be added to the standard price with or without collection).
Contract Period: Base POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW including on-site collection.
Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW for samples collected by VA.
Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella retesting as described in the SOW (to be added to the standard price with or without collection).
Contract Period: Base POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW including on-site collection.
Contract Period: Base POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW for samples collected by VA.
Contract Period: Base POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella retesting as described in the SOW (to be added to the standard price with or without collection).
Contract Period: Base POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW including on-site collection.
Contract Period: Base POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW for samples collected by VA.
Contract Period: Base POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella retesting as described in the SOW (to be added to the standard price with or without collection).
Contract Period: Base POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW including on-site collection.
Contract Period: Base POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella testing as described in the SOW for samples collected by VA.
Contract Period: Base POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
Legionella retesting as described in the SOW (to be added to the standard price with or without collection).
Contract Period: Base POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services
GRAND TOTAL ________________
SECTION C - CONTRACT CLAUSES
FAR
Number
Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
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):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
Number
Title Date
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022
852.203-70 COMMERCIAL ADVERTISING MAY 2018
852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899
(DEVIATION) (APR 2025)
APR 2025
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018
C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
(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 802.201, 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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and
(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.
(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)).
(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).
(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.
(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database 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 certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By https://veterans.certify.sba.gov/ submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.
(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward 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 (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (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 LOS 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 certified SDVOSBs listed in the SBA certification database (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 certified SDVOSBs listed in the SBA certification database. 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 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 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 certified SDVOSBs listed in the SBA certification database.
(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 certified SDVOSBs listed in the SBA certification database.
(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier 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:
[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or
[X] 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 complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. 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 Veteran Small Business Certification Program 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 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.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON
SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND
CONSTRUCTION (JAN 2023) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:
(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–
74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating 18 U.S.C. 1001.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee: ___________
Printed Title of Signee: _____________
Signature: ____________
Date: ______________
Company Name and Address: _______________
(End of Clause)
C.4 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.5 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 12/01/2025 through 11/30/2030.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than IDIQ Minimum, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of IDIQ Maximum;
(2) Any order for a combination of items in excess of IDIQ Maximum; or
(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within N/A days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
C.7 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after 11/30/2030.
(End of Clause)
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB
2025)
(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.)
[] (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]
[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (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 ByteDance 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).
[X] (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, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).
[X] (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).
[] (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 (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) of 52.219–9.
[] (v) Alternate IV (JAN 2025) 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).
[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[X] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (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) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
[] (33) [Reserved]
[] (34) [Reserved]
[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 (JAN 2025). (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 (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).
[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).
[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).
[] (ii) Alternate I (OCT 2022) of 52.225-1.
[] (49)(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 (JAN 2025) of 52.225-3.
[] (iv) Alternate III (FEB 2024) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note
[X] (51) 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).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.
5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving
(MAY 2024) (E.O. 13513)
[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (57) 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).
[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management
(OCT 2018) (31 U.S.C. 3332).
[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[X] (63) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).
[] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
Employee Class Monetary Wage- Fringe Benefits https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/Vers5SCAIndex.pdf https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/SCADirectVers5.pdf
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C.
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