36C24425Q0553_1.docx

36C24425Q0553

GENERAL INFORMATION

Network Contracting Office 4 Regional Procurement Office East 1010 Delafield Road

POINT OF CONTACT*

Contract Specialist Lakeisiha Davenport Lakeisiha.Davenport@va.gov 412-822-3777

PLACE OF PERFORMANCE

Wilkes Barre VAMC

1111 East End Blvd

Wilkes Barre, PA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Fire Door Repair Approximately 114 doors Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 561210 - Facilities Support Services

Statement of Work Fire Door Remediation Department Of Veterans Affairs Wilkes Barre Veterans Medical Center (VAMC) 1111 East End Blvd, Wilkes-Barre Pa 18711

1.0 SCOPE OF WORK:

Provide all parts and labor to correct deficiencies and bring all fire door assemblies into compliance with current regulations found in the latest inspections preformed. Repairs and ratings shall be in accordance with the most recent edition of The National Fire Protection Association’s (NFPA) standard “NFPA 80: Standard for Fire Doors and Other Opening Protectives, Chapter 5 Inspection, Testing, and Maintenance” and The Joint Commission, Environment of Care (EC) standards EC.02.03.05.EP 25. Inspection and testing of door assemblies by qualified person. To comply with National Fire Protection Association (NFPA) 90A; 5.4.7, NFPA 80, and NFPA 105 and Joint Commission Standard EC.02.03.05 EP18 requiring inspection, maintenance, repair, and/or repair via replacement of Fire and Smoke Dampers.

Please note that all the deficient items to be remediated are found in the most recent fire door inspection report. Review the included report photos, descriptions, and spreadsheet to develop pricing.

1.1 The scope of work includes the provision of all labor, materials, equipment, tools, supervision, and quality assurance necessary to correct the attached listing of identified deficiencies at the Wilkes-Barre VAMC. Under this project:

1.1.1 All known deficiencies, as identified in the report and spreadsheet, shall be corrected by the contractor. The contractor shall maintain and provide to the Technical Point of Contact (TPC) or designated program representative, a report documenting all corrective actions taken. This documentation shall be maintained by TPC or designated program official. The report shall list the deficiency and location and include a general description of work performed and the contractor’s certification of item correction.

1.1.2 The report shall be provided to the TPC or designated program official within 10 days of physical completion. The report shall be provided electronically in pdf format.

1.1.3 Any work performed which impacts the systems (i.e. Johnson Controls, Metasys, etc.) shall be fully incorporated into the existing system. Fully incorporated is to include the complete installation and operation of fully compatible devices which are tied into the existing system and added to the existing graphical interface programming if appropriate. This work may require the successful bidder to involve the original equipment manufacturer for the performance of the work.

1.1.4 The contractor is responsible for reviewing all items within the contract for assurance that the contractor can meet all required work and inspection criteria.

1.1.5 The contractor shall attempt to bring doors into compliance by adjusting, replacing minor hardware components, recommended corrective action repairs and/or replacements based on the completed report.

2.0 SPECIFICATIONS:

2.1 All work shall be designed and completed in accordance with all applicable Federal, State and Local guidelines/specifications/design standards and in compliance with NFPA, with special emphasis on NFPA 101, 80 and 105 most current editions.

3.0 HOURS OF WORK:

3.1 The Contractor shall coordinate work schedule with the TPC or designated Program Official. Work hours are Monday through Friday 8 am – 4:30 pm.

Work may be required to be performed during normal duty hours.

4.0 CONTRACTOR RESPONSIBILITIES:

4.1 The contractor shall be responsible for furnishing all material, labor and/or equipment required to perform all work in this contract. The Government’s review, approval, acceptance of, or payment for services required under this contract shall not be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable laws for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

4.2 Accident Reports: The Contractor shall immediately report all accidents resulting in property damage and/or personal injury or death directly to the Government Representative and Contracting Officer.

4.3 The Contractor shall be responsible for complying with all environmental protection regulations promulgated by US Environmental Protection Agency (EPA) and Commonwealth of Pennsylvania Department of Environmental Protection (DEP). Any hazardous materials used by the Contractor in performing this contract shall be properly packaged and stored in a sealed container to avoid spills and shall be promptly removed off post upon completion of the contract. All spills of hazardous materials shall be reported immediately to the Government Representative and Contracting Officer and shall be cleaned up immediately by the contractor at his own expense in accordance with EPA and DEP regulations.

4.4 Hazardous wastes are as defined in EPA regulations 40 CFR 261. The Contractor shall be the official waste generator for any hazardous waste generated through performance of this contract unless specified otherwise in this contract. The Contractor shall not store any hazardous waste in this government property without obtaining prior permission and related instructions from the Contacting Officer. Hazardous wastes shall be moved off post and disposed as they are generated or whenever requested by the Contracting Officer. In no case shall the wastes remain on the government property after completion of this work. It shall be Contractor’s responsibility to comply with EPA 40 CFR 260265 and DER Code 25 CH 75 regulations concerning hazardous waste generation, storage, treatment, and disposal.

4.5 The Contractor shall be responsible for following National Fire Protection Agency (NFPA) 101 Life Safety and maintaining compliance within/around the work area during the performance of any work.

4.6 The Contractor shall be solely responsible for safety during the performance of all work. The Contractor shall coordinate his work with VA Safety through the TPC or designated program official. The Contractor shall be responsible for any damage to public or private property resulting from his/her activities and shall repair or otherwise make whole such damage at no cost to Owner.

5.0 SPECIFICS:

5.1 PDF spreadsheet Deficiency Report

5.2 Approximately 114 doors identified with various noted inspection report deficiencies such as:

· Clearance issues

· Hardware issues

· Rating label issues

5.2 PDF Fire/Smoke Door Compliance Report for reference. Date range: 2/12/2024 – 2/20/2024.

5.4 PDF Hazardous/Suite Door Inspection Report for reference. Date Range:2/21/24-2/22/24

5.5 PDF Life Safety Plan Dated 3/23/23

6.0 COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

6.1 Each respondent must have an established business, with an office and full-time staff. The staff includes a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

6.2 "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the inspection, testing and maintenance of fire door assemblies, IAW the most recent edition of NFPA 80.

6.3 The FSEs shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or TPC specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.

6.4 If subcontractor(s) are used, they must be approved by the CO; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

Inv # Inspect Date

Building

FLR

Location

Type of Door Door Rating

Assessment Comments

Repair comments

12-02a

2/12/24 Wilkes Barre

Undercut

12-02b

Wilkes Barre

12-06

Wilkes Barre

Non latching

11-11

Wilkes Barre

10-17

Wilkes Barre

Non self closing door

8-11

2/13/24 Wilkes Barre

Undercut Vertical gap

7-05

Wilkes Barre

7-07

Wilkes Barre

7-10

Wilkes Barre

Undercut Clearance

7-14

Wilkes Barre

6-01

Wilkes Barre

Insufficient rating on glass - replace

6-06

Wilkes Barre

5-08

Wilkes Barre

Unused strike needs filler plate

5-11

Wilkes Barre

5-12

Wilkes Barre

Latch sticking

5-15

Wilkes Barre

Top gap

4-03

Wilkes Barre

Vertical gap

4-04

Wilkes Barre

Undercut- improper repair

4-05

Wilkes Barre

Undercut- improper repair

4-14

2/14/24 Wilkes Barre

Frame wrapped in plastic

4-27

Wilkes Barre

Frame has plastic wrap on it

4-28

Wilkes Barre

4-29

Wilkes Barre

Non latching Frame wrapped in plastic

4-30

Wilkes Barre

4-34

Wilkes Barre

4-37

Wilkes Barre

Frame has plastic wrap on

4-38

Wilkes Barre

4-39

Wilkes Barre

4-40

Wilkes Barre

4-43

Wilkes Barre

4-44

Wilkes Barre

4-45

Wilkes Barre

4-46a

Wilkes Barre

4-46b

Wilkes Barre

4-48

Wilkes Barre

Clearance

4-49

Wilkes Barre

Improper undercut

4-50

Wilkes Barre

Frame penetration Frame has plastic on

4-51a

Wilkes Barre

4-51b

Wilkes Barre

4-64

Wilkes Barre

No positive latching hardware Rating?

4-65

Wilkes Barre

No positive latching hardware Rating?

4-67a

Wilkes Barre

Missing parts of hardware/strike Rating?

4-67b

Wilkes Barre

Missing parts of hardware/strike Rating?

4-68a

Wilkes Barre

Frame penetrations Rating?

4-68b

Wilkes Barre

Frame penetrations Rating?

3-07

2/15/24 Wilkes Barre

Unused strike needs filler plate

3-14a

Wilkes Barre

Door penetrations Frame penetration Non latching

3-14b

Wilkes Barre

Door penetrations Frame penetration Non latching

3-19a

Wilkes Barre

Non latching- air differential in room

3-19b

Wilkes Barre

Non latching- air differential in room

3-20b

Wilkes Barre

Frame/door penmetration Add 3-20a

3-25

Wilkes Barre

Plastic wrap on frame

3-26

Wilkes Barre

Missing hardware screws

3-29a

Wilkes Barre

Non rated opening No hardware

3-29b

Wilkes Barre

Non rated opening No hardware

2-02

Wilkes Barre

Frame pentration

2-07

Wilkes Barre

Vertical gap- excessive

2-08a

Wilkes Barre

Vertical gap Undercut

2-08b

Wilkes Barre

Vertical gap Undercut

2-22

Wilkes Barre

Plastic wrap on doors

2-24a

Wilkes Barre

Door penetrations

2-24b

Wilkes Barre

2-26a

Wilkes Barre

Down rods with no latch Door penetration

2-26b

Wilkes Barre

Down rods with no latch Door penetration

2-34a

Wilkes Barre

Vertical gap Multiple door penetrations

2-34b

2/19/24 Wilkes Barre

Vertical gap Multiple door penetrations

2-35a

Wilkes Barre

Multiple door penetrations

2-35b

Wilkes Barre

Multiple door penetrations

2-38a

Wilkes Barre

Non latching Vertical gap

2-38b

Wilkes Barre

Non latching Vertical gap

01-01

Wilkes Barre

Frame penetration

01-05

Wilkes Barre

No door closer

01-09

Wilkes Barre

Improper undercut repair

01-12

Wilkes Barre

No frame label- storefront aluminum Side lite deficient

01-15

Wilkes Barre

Non latching- door rubs on frame

01-19

Wilkes Barre

01-20

Wilkes Barre

1-23

Wilkes Barre

Non rated/self closing

01-27a

Wilkes Barre

Non latching - binds on other leaf

01-27b

Wilkes Barre

Non latching - binds on other leaf

01-30

Wilkes Barre

Top gap

01-34a

Wilkes Barre

Multiple door penetrations Non latching

01-34b

Wilkes Barre

Multiple door penetrations Non latching

B-02a

Wilkes Barre

B

B-02b

Wilkes Barre

B

B-03a

Wilkes Barre

B

B-03b

Wilkes Barre

B

B-04a

Wilkes Barre

B

Missing strike

B-04b

Wilkes Barre

B

Missing strike

B-05a

Wilkes Barre

B

Non latching Door penetrations

B-05b

Wilkes Barre

B

Xcor FB by CG-24 storage Fire/Smoke Door FD

Non latching Door penetrations

B-07

Wilkes Barre

B

B-13a

2/20/24 Wilkes Barre

B

B-13b

Wilkes Barre

B

B-18a

Wilkes Barre

B

B-18b

Wilkes Barre

B

B-21a

Wilkes Barre

B

B-21b

Wilkes Barre

B

B-23a

Wilkes Barre

B

Undercut Door penetrations Aluminum plates covering holes

B-24

Wilkes Barre

B

No closer Clearance issue

B-29b

Wilkes Barre

B

Missing screw in hinge

B-30

Wilkes Barre

B

Large vertical gap

B-32

Wilkes Barre

B

B-35a

Wilkes Barre

B

B-35b

Wilkes Barre

B

B-43a

Wilkes Barre

B

B-43b

Wilkes Barre

B

B-44

Wilkes Barre

B

Glass non rated

B-53a

Wilkes Barre

B

B-53b

Wilkes Barre

B

B-65

Wilkes Barre

B

No closer

B-33b

Wilkes Barre

B

End of Document Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) 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:

(End of Addendum to 52.212-4)

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

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

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

(End of Clause)

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

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

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

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

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

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

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.4 VAAR 852.232-72 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.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

(End of Clause) C.6 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:

[] 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…