36C24420Q0507-001.docx

36C24420Q0507

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24420Q0507 04-21-2020 Will Schlobohm;

William.Schlobohm2@va.gov

8782716639 04-29-2020 11:59pm EST 00244 Department of Veterans Affairs Network Contracting Office 4

X X 532420 $35 Million N/A X

COATESVILLE VAMC

1400 BLACKHOURSE HILL RD

COATESVILLE, PA 19320

00244 Department of Veterans Affairs Network Contracting Office 4

Refer to VAAR: 852.232-72 (Electronic Submission of Payment Req) https://www.fsc.va.gov/einvoice.asp

(877) 353-9791

(512) 460-5429 See CONTINUATION Page This procurement is being conducted in accordance with FAR Part 13. This solicitation is for the leasing of mail machine equipment for the Coatesville VAMC in accordance with the SOW.

Award is intended to be a five (5) year Firm Fixed Price Indefinite Delivery (ID): Requirements contract. Task Orders will be issued to fund and authorize performance contingent upon the availability of VA funding.

Tentative effective date is 6/1/20 (equipment set up prior) Submit all questions in writing to William.Schlobohm2@va.gov 3 days prior to solicitation due date.

Contractor shall comply with all applicable wage & hour laws and is responsible for the correct wage titles.

See CONTINUATION Page Determined at Task Order Level X X 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 36C244 Department of Veterans Affairs Network Contracting Office 4

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.

Refer to VAAR: 852.232-72 (Electronic Submission of Payment Req) https://www.fsc.va.gov/einvoice.asp

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

B.2 Statement of Work (SOW)

Part I: General Information

1. Introduction The Coatesville VA Medical Center (CVAMC) has a requirement to initiate a lease and maintenance agreement for three mail postage machines (VAMC Coatesville Mailroom (high volume), Newtown Square CBOC (medium volume), and Spring City (medium volume) CBOC’S. The mail postage machines shall be used for the daily processing of letters, postcards and parcels historically equating to 2,500+ mailings per annum. The use of these mail postage machines is mission critical to administrative operations. The contractor shall be required to ensure that the necessities described herein are provided to meet the requirements of the organization. The contractor must maintain the unit yearly, and if there are any break downs, the contractor must fix the unit during the contract period prior to invoicing the CVAMC.

2. Scope The LTOP lease agreement shall include a new mail postage machines, full-service maintenance, and preventative maintenance. The contractor shall provide training to the key operator within 7 days of completed installation. The contractor shall ensure networking functionality and security accreditation along with technical and network installation capability. If the machine breaks down, during the contracting period, we would like to have a service person dispatched to repair the unit within the business day.

3. Applicable Documents The mail postage machines utilized by the CVAMC shall comply with the following regulations:

Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards (36 CFR 1194)-http://www.gpo.gov/fdsys/search/pagedetails.action?browsePath=Title+36%2FChapter+Xi%2FP art+1194&granuleId=CFR-2011-title36-vol3-part1194&packageId=CFR-2011-title36-vol3&collapse=true&fromBrowse=true Executive Order 13123, Greening the Government through Efficient Energy Management http:// www1.eere.energy.gov/femp/pdfs/eo13123.pdf Executive Order 13221, Energy-Efficient Standby Power Devices http://www1.eere.energy.gov/femp/pdfs/eo13221.pdf Section 508 of the Rehabilitation Act (29 U.S.C. 794d) Amendments of 1998-http://www.section508.gov/Section-508-Of-The-Rehabilitation-Act

4. Definitions: For the purpose of this acquisition, the following definitions apply.

Backup: The mail postage machine installed in place of the malfunctioning machine to provide temporary relief until repairs are made or a replacement is installed.

Contracting Officer (CO): The Government representative who possesses the overall responsibility of the successful performance/completion of the contact/lease agreement.

Technical POC: The individual who may be designated by the CO to have responsibility for performance of all technical aspects of the contract.

Key Operator (facility mailroom employee): The Department of Veterans Affairs, Coatesville, PA employee who is specifically designated and trained to deal with day-to-day operations and unexpected issues and other minor events for the mail postage machine.

Lease to Own (LTOP): An equipment lease applicable for a stated period of time, at the end of which, the VA has the option to take ownership of the equipment.

Replacement: The mail postage machine intended to remain in place for the remainder of the delivery order lease term. The replacement mail postage machine shall be at least the functional equivalent of the mail postage machine they replace.

Part II: Work Requirements The specifications and features provided herein represent the CVAMC’s best effort to capture the functions, size capability, and features of the required mail postage machines and maintenance agreement. The CVAMC intends to make an award of this procurement without discussions so contractors must submit their best initial quotation.

The lease shall include delivery and installation of the mail postage machine, associated equipment listed herein, operating software, the provision of the operating supplies, and maintenance (both preventative and reparative), to ensure the machine is in constant working order. Contractor technicians shall have the ability to communicate in English.

The contractor shall flow down all pertinent terms and conditions of this contract to its subcontractors, including all requirements involving deliveries, installation, and maintenance.

1. Technical Must Have’s Minimum required characteristics for smaller Mail Postage Machine:

o 45 letters per minute o Envelope min – 3” x 5”/ max. 11” X 13” o Maximum envelope thickness up to 3/8” o Envelope orientation – Landscape and Portrait / Landscape o Weighing platform 30lb o Automatic Rate Download o Low-ink alerts o Minimum of 10 programmable jobs o 25 dept accounting Required Operating Features:

o Contain no asbestos or polychlorinated biphenyls (PCBs), nor beryllium, lithium, or other compounds o Conform to the requirements of the American National Standards Institute (ANSI) And Underwriters Laboratories (UL) o Include an Operator's Manual for each specific piece of equipment o Accept recycled paper/post cards of up to 50% post-consumer materials o Contain an internal self-diagnostic system indicating, as a minimum, the following conditions: "needs toner", "mis-feed or jam", or "call for service" o Provide an "on/off” signal light or panel indicator.

o Power off automatically after a period of non-usage.

o In compliance with "Energy Star" or "Environmental Choice" standards o Utilize digital technology o Employ automated features for the following capabilities: less than 30 seconds warm-up time.

2. Deliverables Initial acceptance will be at the discretion of the Technical POC during the delivery. All items required shall be fully functional, present, and compatible as required.

o Include an Operator's Manual for each specific piece of equipment o The contractor shall demonstrate that the machine is properly functioning upon completion of installation. This demonstration shall be accomplished pursuant to the operating instructions furnished with the mail postage machine and in the presence of the specific key operator

3. Maintenance Maintenance should be included as part of the lease payment.

The contractor shall perform all mail postage machine maintenance (both preventive and reparative). This maintenance includes all parts and labor. The contractor shall respond to all maintenance requests within (12) hours or less of notification. Any portion of the mail postage machine that cannot be repaired shall be replaced within 2 days. Only qualified personnel, materials, spare parts, tool, hardware/software and network components necessary to perform the service shall be provided by the contractor.

The vendor help desk telephone number must be provided so the Key Operator can call for field technical support assistance. The contractor shall respond to written/oral requests from the Key Operator for all service calls.

The contractor shall repair the machine within (12) working hours after the request for the service call during the hours of 8:00 a.m. to 4:00 p.m. (EST), Monday through Friday (excluding Federal holidays).

3.1 Preventative Maintenance

The contractor shall regularly and systematically examine, clean, lubricate, test, adjust the equipment, and as conditions warrant, repair or replace equipment included under the contract. The contractor shall ensure that the mail postage machines operate as originally designed and installed throughout the entire awarded contract period.

3.2 Replacement

For purposes of this contract, the minimum acceptable levels of performance for these mail postage machines are 90% uptime. The Government's definition of uptime is the full functioning of all the features available on the unit simultaneously. Malfunctioning (downtime), even if the mail postage machine still functions after an original is placed on the platen, includes the nonfunctioning of the feeder, weighing platform and anything else that is necessary for the full functioning of the features available on the unit simultaneously. The failure of the mail postage machine to meet the uptime standard of 90% in one 60-day period will result in a determination by the identified by the technical PO whether to replace mail postage machines. As an alternative, the Technical POC may certify on the repair that sufficient repairs have been made to preclude additional abnormal breakdowns. If in the 30 days after such certification, the mail postage machine continues to function below the 90% uptime threshold, the contractor shall replace the mail postage machine with the concurrence of the CO and at no additional cost to the Government. The contractor shall deliver and install a replacement mail postage machine within two (2) working days after the replacement determination.

3.3 Backup

The Contractor shall have an adequate working inventory of components in order to provide backup support for all volume bands. When a malfunctioning mail postage machine cannot be repaired within the on-site repair time, the CVAMC will have the option to request a backup component. The contractor shall supply such a backup component within eight (8) working hours after notification by the key operator or Technical POC. Backup components shall meet or exceed the capabilities of the components to be replaced. The contractor's charge for use of the backup components shall be the same as and in lieu of the charges for the mail postage machine being replaced. For this purpose, only, remanufactured equipment may be used until a replacement mail postage machine is delivered.

Backup components are generally expected to remain in place for five (5) working days or less, but in unusual cases, a backup component may remain in place for as long as thirty (30) days. If the original mail postage machine has not been repaired and reinstalled at the end of thirty (30) days, the contractor shall provide a replacement mail postage machine equal to or superior to the original mail postage machine. The Contractor shall supply the model number, serial number and location of the replacement machine to the Technical POC. In such circumstances, the mail postage machine may become the replacement mail postage machine, and another unit shall be designated for future backup requirements.

The contractor shall maintain the entire service history of the CVAMC mail postage machine as indicated. The report must include make, model, serial number, location, install date, and volume. The Inventory Report shall be provided to the key operator on an annual basis with a final report to be provided within 10 days of the conclusion of contract performance.

A Service History Report shall be issued to the appropriate Key Operator for the leased mail postage machine on a yearly basis. The report shall include make, model, serial number, location, and description of each problem and the response time to repair requests.

4. Supplies

4.1 Consumable Supplies

The Contractor shall provide initial start-up consumable supplies in accordance with the lease agreement/contract terms and conditions. The VA will be responsible for the order and cost of ink, tapes/labels and sealing solution.

The Contractor shall deliver supplies to the key operator/TECHNICAL POC during the hours of 8:00 a.m.

through 4:00 p.m. (EST), Monday through Friday, excluding Federal holidays.

The Contractor shall label all shipped consumable supplies with the name and address (including building number, room number, and mail code) of the CVAMC, key operator.

The key operator may make urgent requests for consumable supplies verbally, with written confirmation by the TECHNICAL POC. The contractor shall process and ship these requests within twenty hours

(24) hours, excluding Saturdays, Sundays and Federal holidays Part III: Supporting Information

1. Government Security Requirements and Responsibilities

1.1 The TECHNICAL POC will guide the contractor through the security access process in order to gain entrance and access to the facility within the building. The contractor will have access to the facility to provide the following: preventive maintenance, repairs, replenishing and installing supplies, and conducting meter reads.

1.2 The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor after receiving a list of contractor employees' names and addresses.

1.3 Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to the Office of Personnel Management (OPM) to conduct the background investigation.

1.4 The VA will pay for investigations conducted by the Office of Personnel Management (OPM) in advance.

1.5 The VA Office of Security and Law Enforcement will notify the Technical POC and contractor after adjudicating the results of the background investigations received from Office of Personnel Management (OPM).

1.6 The Technical POC will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested.

2. Place of Performance

2.1 Hours of Operation: All work shall be completed during the site’s normal operating hours of 8:00 AM to 4:00 PM Monday through Friday excluding federal holidays. Federal holidays are New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

3. Special Considerations

4.1 Training: The contractor shall provide training in the English language to the key operator within 7 days of completed installation. Training shall consist of equipment operation (mail postage machine, high capacity letter feeder, operating panel and weighing platform), processing software, and installed software packages.

4.2 Information Technology (IT) Information Security Requirements:

Information security is critically important to the Department of Veterans Affairs, and all measures of protection are strictly enforced. Although the requirements elsewhere in this solicitation require the removal of the hard drive whenever the mail postage machine is removed from the CVAMC, for any reason, if the contractor can demonstrate that their quoted mail postage machine model possesses the capability of automatically removing any and all footprints from the hard drive, or any other device that captures information, is encouraged to demonstrate this feature.

4.3 Liquidated Damages for Late Delivery

If the contractor fails to deliver equipment, replacement equipment, maintenance/ service(s) calls, or supplies within the time specified in this contract, or any extensions granted by the Contracting Officer, the contractor shall, in place of actual damages, pay to the Government as fixed and agreed, liquidated damages for each calendar day of delay, the sum of one-twentieth (1/20) of the anticipated monthly lease price for the mail postage machine for which delivery or service is not performed. However, the total of liquidated damages assessed shall not exceed the monthly lease cost of the mail postage machine. In the event of conflict between this provision and the laws and standards promulgated by the Financial Accounting Standards Board regarding the accounting treatment of leases, the latter shall govern.

The contractor, at the Government's option, shall not be assessed with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the contractor. The contractor shall submit reasons for such non-performance to the Technical POC and Contracting Officer in writing within 3 business days of such delay.

Additional Information

Vendor will come to VA site for Mail postage machine installation and maintenance only. Vendor must be escorted at all times by Mail Clerk or Acquisition Utilization Specialist. Mail Clerk will be present all time and will assist Vendor with this installation. Mail Postage Machine must be installed and maintained in accordance with all VA security and configuration requirements.

The Mail Postage Machine will be connect to separate DSL Line. Mail Postage Machine is not going to connect VA network any time. Contractor will not have access to VA sensitive information or information systems under this contract. No vendor computer equipment can be connected to the VA Network at any time.

When Vendor needs to come onto VAMC ground, they will be required to comply with physical security guidelines if entering the building by either checking in with the VA Police each time they come on-site to perform contracted services or by obtaining a VA Contractor ID badge from the VA Police.

B.3 PRICE SCHEDULE (offeror shall complete all pricing fillables Highlighted below)

Lease of one high-volume mail machine per month: $________(This will be a fixed price for 60 months) Lease of two low-volume mail machines per month: $________(This will be a fixed price for 60 months) Total Estimated 12-Month Cost (using fixed pricing above): $__________ Total Estimated 5 Year Cost (total estimated 12-month cost X 5): $___________

ITEM INFORMATION

LEASE OF ONE HIGH VOLUME MAIL MACHINE FOR COATESVILLE VAMC, IN ACCORDANCE WITH THE STATEMENT OF WORK.

LEASE OF TWO LOW VOLUME MAIL MACHINES FOR THE COATESVILLE NEWTOWN SQUARE PA CBOC AND SPRING CITY PA CBOC, IN ACCORDANCE WITH THE STATEMENT OF WORK.

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SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (OCT 1995)

(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 Effective date of contract through Expiration date of contract.

(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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.2 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 TBD, 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 TBD;

(2) Any order for a combination of items in excess of TBD; or

(3) A series of orders from the same ordering office within TBD 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 TBD 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.3 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 contract expiration date.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration.

(End of Clause)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond the end of the fiscal year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the end of the fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause) C.6 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (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 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); 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 part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “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).

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

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

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

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

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

(End of Clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

852.203-70

52.212-4

COMMERCIAL ADVERTISING

CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

MAY 2018

OCT 2018

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

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

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

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

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

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.