36C24425Q0385.docx

SUBJECT*

Medical Physicist Services at Butler VA Medical Center

GENERAL INFORMATION

Network Contracting Office 4 Services 3 1700 South Lincoln Avenue

POINT OF CONTACT*

Contract Specialist Julie Garner julie.garner@va.gov

PLACE OF PERFORMANCE

Butler VA Medical Center

325 New Castle Road

Butler PA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address 1700 South Lincoln Avenue, Lebanon PA 17042

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24425Q0385.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 effective 17 January 2025, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at FAR | Acquisition.GOV.

The NAICS Code is 541690 Other Scientific and Technical Consulting Services and the Product Service Code (PSC) is H166 Quality Control – Instruments and Laboratory Equipment and the business size standard is $19 million.

Department of Veterans Affairs, Veterans Affairs Butler Medical Center, 353 North Duffy Road, Butler PA 16001, is seeking to award a single IDIQ with five (5) – year order period for annual radiation safety survey, initial MRI and CT testing, MRI Physicist consulting and on call services. Quotes will be evaluated used Comparative Evaluation.

A Comparative Evaluation of quotes will be performed. A Comparative Evaluation is the act of comparing two or more quotes in response to the solicitation. The item-by-item comparison is performed by comparing each quote to one another to determine which provides the best benefit to the Government. The Government reserves the right to select a response that provides benefit to the government that exceeds the minimum requirement but is not required to do so. Responses may exceed the requirements stated in the SOW and this solicitation, but the Government is not requesting or accepting alternate quotes; each response must respond to the solicitation requirements.

Offerors must be determined responsible according to the standards of FAR Part 9 to be eligible for award.

The Contracting Officer anticipates adequate price competition for this RFQ. Should that not happen, the Contracting Officer may need to ask for Data Other than Certified Cost and Price Data to assist with the determination of price reasonableness.

Vendors are advised that submitting an unrealistically low price may be grounds for eliminating a quote from competition. This could be on the basis that the vendor does not understand the requirement or has made an incautious quote.

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in Attachment 2. All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.

If Service Contract Act Wage Determinations applies to this acquisition it will be incorporated into the resulting contract. Full wage determinations can be found at the SAM.gov website.

The period of performance (POP) is estimated to be 07/01/2025-06/30/2030.

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

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.acquisition.gov or www.sam.gov.

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

Contractors are advised that any and all questions concerning this solicitation must be sent in writing to the Contracting Office at NCO 4, Lebanon, PA. Questions may be sent via email to Ms. Julie Garner at julie.garner@va.gov. No questions will be answered after June 17th, 2025 12:00 PM EST.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the contract specialist. Julie Garner at julie.garner@va.gov.

Point of Contact Julie Garner Contract Specialist Services 3 (Medical Equipment Maintenance) Department of Veterans Affairs/Service Area Office East/Network Contracting Office 4 1700 South Lincoln Avenue, Lebanon PA 17042 julie.garner@va.gov

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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: TBD

b. GOVERNMENT: Contracting Officer 36C244 Ryan M. Hess Department of Veterans Affairs Network Contracting Office 4 Services 3 1400 Blackhorse Hill Road Coatesville PA 19320

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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual/Initial Surveys - General Radiography, Portable Radiography, DEXA - Butler VA Medical Center Contract Period: Base POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography - Mercer CBOC Location

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys Intraoral Dental Equipment - Butler VA Medical Center

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Survey Panoramic Dental- Butler VA Medical Center

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual Survey/Initial Survey CT and MRI - Butler VA Medical Center

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Consulting Services - Butler VA Medical Center

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Onsite Services - (other than annual surveys - example post-equipment repair)

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography, Portable Radiography, DEXA - Butler VA Medical Center Contract Period: Option 1 POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography - Mercer CBOC Location

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys Intraoral Dental Equipment - Butler VA Medical Center

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Survey Panoramic Dental- Butler VA Medical Center

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual Survey/Initial Survey CT and MRI - Butler VA Medical Center

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Consulting Services - Butler VA Medical Center

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Onsite Services - (other than annual surveys - example post-equipment repair)

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography, Portable Radiography, DEXA - Butler VA Medical Center Contract Period: Option 2 POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography - Mercer CBOC Location

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys Intraoral Dental Equipment - Butler VA Medical Center

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Survey Panoramic Dental- Butler VA Medical Center

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual Survey/Initial Survey CT and MRI - Butler VA Medical Center

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Consulting Services - Butler VA Medical Center

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Onsite Services - (other than annual surveys - example post-equipment repair)

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography, Portable Radiography, DEXA - Butler VA Medical Center Contract Period: Option 3 POP Begin: 07-01-2028 POP End: 06-30-2029

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography - Mercer CBOC Location

POP Begin: 07-01-2028 POP End: 06-30-2029

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys Intraoral Dental Equipment - Butler VA Medical Center

POP Begin: 07-01-2028 POP End: 06-30-2029

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Survey Panoramic Dental- Butler VA Medical Center

POP Begin: 07-01-2028 POP End: 06-30-2029

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual Survey/Initial Survey CT and MRI - Butler VA Medical Center

POP Begin: 07-01-2028 POP End: 06-30-2029

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Consulting Services - Butler VA Medical Center

POP Begin: 07-01-2028 POP End: 06-30-2029

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Onsite Services - (other than annual surveys - example post-equipment repair)

POP Begin: 07-01-2028 POP End: 06-30-2029

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography, Portable Radiography, DEXA - Butler VA Medical Center Contract Period: Option 4 POP Begin: 07-01-2029 POP End: 06-30-2030

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys - General Radiography - Mercer CBOC Location

POP Begin: 07-01-2029 POP End: 06-30-2030

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Surveys Intraoral Dental Equipment - Butler VA Medical Center

POP Begin: 07-01-2029 POP End: 06-30-2030

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual/Initial Survey Panoramic Dental- Butler VA Medical Center

POP Begin: 07-01-2029 POP End: 06-30-2030

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Annual Survey/Initial Survey CT and MRI - Butler VA Medical Center

POP Begin: 07-01-2029 POP End: 06-30-2030

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Consulting Services - Butler VA Medical Center

POP Begin: 07-01-2029 POP End: 06-30-2030

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

Onsite Services - (other than annual surveys - example post-equipment repair)

POP Begin: 07-01-2029 POP End: 06-30-2030

PRODUCT/SERVICE CODE: H165 - Quality Control - Medical, Dental, and Veterinary Equipment and Supplies

B.3 DELIVERY SCHEDULE

353 North Duffy Road Butler, PA 16001

USA

295 N Kerrwood Dr Ste 110 Hermitage, PA 16148

USA

353 North Duffy Road Butler, PA 16001

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353 North Duffy Road Butler, PA 16001

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353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

295 N Kerrwood Dr Ste 110 Hermitage, PA 16148

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

295 N Kerrwood Dr Ste 110 Hermitage, PA 16148

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

295 N Kerrwood Dr Ste 110 Hermitage, PA 16148

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

295 N Kerrwood Dr Ste 110 Hermitage, PA 16148

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

353 North Duffy Road Butler, PA 16001

USA

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SECTION C - CONTRACT CLAUSES

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

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

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 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 07/01/2025 through 06/30/2030.

(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.3 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 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 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.4 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 TBD.

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

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

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) C.7 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of Clause) C.8 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 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:

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture 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.9 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(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 VIPlisted SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(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. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] b If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) 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.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following: (i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating section 1001 of title 18. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. 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. 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.10 VAAR 852.222-71 Compliance with Executive Order 13899 (DEVIATION)(APR 2025)

a. The contractor shall comply with Executive Order 13899, Combating Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

b. The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.

c. The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.

(End of clause)

C.11 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.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEBRUARY 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…