36C24425Q0677_1 Rev1 Solicitation Document.docx

36C24425Q0677 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 Services 2 3900 Woodland Avenue Philadelphia PA 19104

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.

All invoices shall be submitted to Tungsten at:

https://authentication.tungsten-network.com/login ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

LT

Certified Industrial Hygienist (CIH) IAW the SOW.

Contract Period: Base POP Begin: 06-01-2025 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 562910 - Remediation Services PRODUCT/SERVICE CODE: B502 - Special Studies/Analysis - Air Quality

0001AA

Certified Industrial Hygienist (CIH) IAW the SOW. Standard Rate

POP Begin: 06-01-2025 POP End: 05-31-2030

0001AB

Certified Industrial Hygienist (CIH) Rate for emergencies, nights, weekends, and holidays IAW the SOW.

POP Begin: 06-01-2025 POP End: 05-31-2030

LT

Industrial Hygiene Technician (IHT) IAW the SOW.

POP Begin: 06-01-2025 POP End: 05-31-2030

0002AA

Industrial Hygiene Technician (IHT) IAW the SOW. Standard Rate

POP Begin: 06-01-2025 POP End: 05-31-2030

0002AB

Industrial Hygiene Technician (IHT) Rate for emergencies, nights, weekends, and holidays IAW the SOW.

POP Begin: 06-01-2025 POP End: 05-31-2030

Laboratory Analysis of Bulk Samples, PLM Method IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

Laboratory Analysis of Air Samples, PCM Method IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

Laboratory Analysis of Air Samples, TEM Method IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

Mold Bulk IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

Mold Air IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

Lead Bulk IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

Lead Air IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

Project Management IAW the SOW.

POP Begin: 06-01-2025 POP End: 05-31-2030

Final Reports IAW the SOW

POP Begin: 06-01-2025 POP End: 05-31-2030

B.3 STATEMENT OF WORK

Statement of Work Abatement Monitoring and Hazardous Material Testing Wilkes-Barre VA Medical Center 1111 East End Blvd in Wilkes-Barre, PA 18711

1. Acronyms: The following are acronyms which may be used in place of full text throughout this Statement of Work.

2. General – Asbestos, Lead, and Mold Identification and Monitoring:

2.1. The purpose of this contract is for the contractor to assure quality; adhere to the specifications; resolve problems; prevent the spread of contamination beyond the regulated area; and assure clearance at the end of the project. In addition, the contractor’s responsibilities shall include performing the final inspection and testing to determine whether the regulated area or building has been adequately decontaminated.

2.2. All air monitoring is to be done utilizing PCM (Point Count Method)/TEM (Transmission Electron Microscopy). Contractor shall provide a Certified Industrial Hygienist (CIH), AND/OR Industrial Hygiene Technician (IHT) as required for the Wilkes-Barre VA Healthcare System.

2.3. The Contractor shall provide the Government with professional Industrial Hygienist (IH) services to be performed as needed. The required Industrial Hygienist services include conducting onsite inspections, abatement monitoring, specification development, qualitative and quantitative exposure assessments for occupational and environmental hazards and hazardous material testing.

2.4. The Contractor shall provide all necessary labor, materials, equipment, and supervision to perform services including, but not limited to, evaluating air and bulk samples for asbestos, mold, and/or lead in accordance with federal, state, local laws, VHA Directive 7714, and with the VA Master Specifications.

2.5. The Contractor shall provide bulk and air sampling for positive identification of Asbestos-Contaminated Elements (ACE), and Asbestos Containing Material (ACM), mold, and lead. This contract will run concurrently with similar contracts for abatement services. The Contractor shall provide services in support of abatement projects from investigation to design through construction and final clearance for ACE and/or ACM to be removed or affected by construction projects, abatement, or other actions which may require services included in this SOW. The testing and services required may be on-call or emergency on-call as requested by the Program Manager.

2.6. The Contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work. The Contractor shall request other Government documentation deemed pertinent to the work accomplishment directly from the Government officials with whom the Contractor has contact. The Contractor shall consider the Program Manager as the final source for needed Government documentation when the Contractor fails to secure the documents by other means.

3. Place of Performance:

3.1. Services to be performed at the following location(s):

Wilkes-Barre VA Medical Center 1111 East End Blvd.

Wilkes-Barre PA 18711-0030

3.2. The Wilkes-Barre VA Medical Center currently operates eight offsite locations throughout the region, all within approximately 120 minutes drive of the WBVAMC. While it is expected that most of the work will take place at the WBVAMC listed above, the contractor may be requested to perform services at any of the offsite locations below:

Allentown VA Outpatient Clinic 3110 Hamilton Blvd.

Allentown, PA. 18103-3630

Cedar Crest Boulevard VA Clinic 1605 North Cedar Crest Boulevard, Roma Corporate Center, Suite 410 Allentown, PA 18104-2351

Columbia County VA Clinic 225 Columbia Mall Drive, Columbia County Mall Bloomsburg, PA. 17815-8304

4. Tasks:

4.1. On Call Industrial Hygiene Services:

4.1.1. The Contractor shall furnish all necessary labor, materials, travel, sampling, equipment, and supervision required for ACE, ACM, mold, and lead abatement work in accordance with federal, state, local laws and with the VA (Veterans Affairs) Master Specifications and the services outlined in this SOW. Services will be requested by the Program Manager through the Contract Officer in the form of a written task order request specifying the type, timeframe, and quantity of removal. See Section 11 of this Statement of Work for an overview of the ordering process. Non-emergency requests for service shall be completed within 10 calendar days from the date of task order award during the normal duty hours of Monday-Friday 7:00am - 4:30pm excluding federal holidays or as otherwise agreed to by the Program Manager. The contractor shall be capable of providing these services outside of normal duty hours which will utilize a separate line item for overtime.

4.1.2. The Government will retain a contractor to perform abatement in a separate procurement action. The Contractor shall review and advise the Government on technical and procedural adequacy of all abatement project submittals and other contract documentation, monitor and inspect abatement contractor's work, perform necessary sampling during removal work, and provide all other Industrial Hygiene Services associated with ACE and/or ACM, mold, and/or lead abatement or removal work.

4.1.3. The Contractor will establish background levels before abatement begins by collecting background samples. Retain samples for possible TEM analysis. The Contractor will perform continuous air monitoring, inspection, and testing outside the regulated area during actual abatement work to detect any faults in the regulated area isolation and any adverse impact on the surroundings from regulated area activities. The Contractor will perform, in the presence of the VA representative, final inspection and testing of a decontaminated regulated area at the conclusion of the abatement to certify compliance with all regulations and VA requirements/specifications listed in this SOW. The Contractor will issue a certificate of decontamination for each regulated area and project report. The IH shall monitor and log daily activity of the abatement contractor in accordance with VA and OSHA (Occupational Safety Health Administration) specifications.

4.2. Emergency On Call Services: The scope of the contract is for Industrial Hygiene (IH) Services that coincide with emergency repairs. Emergency service requests will be limited in nature applying to only a fiber release of ACM or ACE, lead, or mold with completion of the work within 24 hours of task order award. For emergency task orders, the contractor shall arrive on site no later than six (6) hours after approval in the form of a task order from the Contract Officer. Emergencies require the contractor to complete services within 24 hours of initial request. Emergency services for these types of projects include background air sampling, air monitoring during abatement and final air sample clearances. The contractor shall review and advise the Government on technical and procedural adequacy of all abatement project submittals and other contract documentation, monitor and inspect abatement contractor's work, perform necessary sampling during removal work, and provide all other Industrial Hygiene Services associated with ACE, ACM, lead, and mold abatement or removal work as needed. The Contractor shall monitor and log daily activity of abatement in accordance with VA and OSHA specifications.

5. Deliverables:

5.1. Asbestos Reports:

5.1.1. Asbestos test results shall be reported in units of fibers/cubic centimeter (f/cc).

5.1.2. All laboratory analysis reports shall be signed by the laboratory technician and provided to the VA.

5.1.3. Upon completion of work, the IH shall provide the VA with a Final Clearance Inspection documentation along with clearance air monitoring results.

5.1.4. Final clearance checklist shall include all requirements of EPA (Environmental Protection Agency) final clearance.

5.1.5. Reports and Certificates of Decontamination shall be provided to the Program Manager and Contracting Officer within 30 days of physical completion.

5.2. Lead and/or Mold Reports:

5.2.1. All laboratory analysis reports shall be signed by the laboratory technician and provided to the VA.

5.2.2. Reports and Certificates of Decontamination shall be provided to the Program Manager and Contracting Officer within 30 days of physical completion.

6. Qualifications: Contractor personnel shall meet the following minimum qualifications for Pennsylvania depending on where the work is to be performed:

6.1. Certification as Certified Industrial Hygienist (CIH):

6.1.1. American Board of Industrial Hygiene Certification

6.1.2. Asbestos Project Design License

6.1.3. Asbestos Inspector License

6.1.4. Asbestos Management Planner License

6.1.5. Asbestos Supervisor or Worker License

6.1.6. Lead Inspector License (recommended)

6.1.7. Mold inspection experience (certification recommended)

6.2. Industrial Hygiene Technician (IHT)

6.2.1. Asbestos Inspector License

6.2.2. Asbestos Management Planner License

6.2.3. Asbestos Supervisor or Worker License

6.2.4. NIOSH 582 course or equivalent (if reading own slides)

6.2.5. Participate in the AIHA Asbestos Analysis Registry or participate in the Proficiency Analytic Testing program of AIHA for fiber counting quality control assurance (if reading own slides)

6.2.6. Lead Inspector (recommended)

6.2.7. Mold inspection experience (certification recommended)

6.2.8. Certifications from American Industrial Hygienists Association (AIHA).

6.2.9. OSHA certifications meeting requirements as asbestos abatement contractor supervisor.

7. Contract Requirements:

7.1. All Contractors performing work under this contract must comply with all requirements in the references below:

7.1.1. VHA Directive 7714

7.1.2. Policy EC-051 Safety and Health During Construction a. TB testing is required.

7.1.3. Master Construction Specifications

7.1.3.1. 010110 Medical Center Requirements

7.1.3.2. 013526 Safety Requirements

7.1.3.3. Occupational Safety and Health Administration (OSHA) 29 CFR Part 1926 Occupational Safety and Health Regulations for Construction

7.1.3.4. 40 CFR Part 260 - Hazardous Waste Management System: General

7.1.3.5. 40 CFR Part 261 - Identification and Listing of Hazardous Waste

7.1.3.6. 40 CFR Part 262 - Standards Applicable to Generators of Hazardous Waste.

7.1.3.7. 40 CFR Part 263 - Standards Applicable to Transporters of Hazardous Waste

7.1.3.8. 40 CFR Part 264 - Standards for Owners and Operations of Hazardous Waste Treatment, Storage, and Disposal Facilities

7.1.3.9. 40 CFR Part 265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

7.1.3.10. 40 CFR Part 268 - Land Disposal Restrictions

7.1.3.11. 49 CFR Part 172 - Hazardous Material Table, Special Provisions, Hazardous Material Communications, Emergency Response Information, and Training Requirements, and Security Plans

7.1.3.12. VHA Directive 7701 Comprehensive Occupational Safety and Health Program

7.1.3.13. VHA Directive 7702 Industrial Hygiene Exposure Assessment Program

7.1.3.14. VA Master Specification 02 82 11: Traditional Asbestos Abatement

7.1.3.15. VHA Directive 7714 Asbestos Management Program

7.1.3.16. Asbestos Hazard Emergency Response Act (AHERA), and the Asbestos School Hazard Abatement Reauthorization Act (ASHARA)

7.1.3.17. 29 CFR 1910.1001 Asbestos, and 29 CFR 1926.1101 Asbestos in Construction

7.2. The following list of Master Construction Specifications contains the unedited chapters that will be customized for projects at the Wilkes-Barre VAMC. The IH Contractor and testing laboratory shall apply these specifications to the abatement designs and construction projects at the facility as contracted through task orders.

7.2.1. 015719 Temporary Environmental Controls

7.2.2. 017419 Construction Waste Management

7.2.3. 028211 Traditional Asbestos Abatement

7.2.4. 02821313 Glovebag Asbestos Abatement

7.2.5. 02821319 Asbestos Floor Tile and Mastic Abatement

7.2.6. 02833313 Lead Based Paint Removal and Disposal

7.3. Monitoring, Inspection, and Testing by Contractor CIH/IHT:

The Contractor’s CIH is responsible for managing all monitoring, inspections, and testing required by these specifications, as well as any and all regulatory requirements adopted by these specifications. The CIH is responsible for the continuous monitoring of all subsystems and procedures which could affect the health and safety of the Contractor’s personnel. Safety and health conditions and the provision of those conditions inside the regulated area for all persons entering the regulated area is the exclusive responsibility of the Contractor/Competent Person.

The person performing the personal and area air monitoring inside the regulated area shall be an IH Technician, who shall be trained and shall have specialized field experience in sampling and analysis. The IH Technician shall have successfully completed a NIOSH 582 (National Institute for Occupational Safety and Health) Course or equivalent and provide documentation. The IH Technician shall participate in the AIHA (American Industrial Hygiene Association) Asbestos Analysis Registry or participate in the Proficiency Analytic Testing program of AIHA for fiber counting quality control assurance. The IH Technician shall also be an accredited EPA AHERA (Asbestos Hazard Emergency Response Act)/State Contractor/Supervisor or Abatement Worker and Building Inspector. The IH Technician shall have participated in five abatement projects collecting personal and area samples as well as responsibility for documentation on substantially similar projects in size and scope. The analytic laboratory used by the Contractor to analyze the samples shall be AIHA accredited for asbestos PAT (Proficiency Analytical Testing) and approved by the Program Manager prior to start of the project.

A daily log shall be maintained by the CIH or IH Technician, documenting all OSHA requirements for air personal monitoring for asbestos in 29 CFR 1926.1101(f), (g) and Appendix A. This log shall be made available to the Program Manager upon request, electronically in pdf format. The log will contain, at a minimum, information on personnel or area samples, other persons represented by the sample, the date of sample collection, start and stop times for sampling, sample volume, flow rate, and fibers/cc.

The CIH shall collect and analyze samples for each representative job being done in the regulated area, i.e., removal, wetting, clean-up, and load-out. No fewer than two personal samples per shift shall be collected and one area sample per 1,000 square feet of regulated area where abatement is taking place and one sample per shift in the clean room area shall be collected. In addition to the continuous monitoring required, the CIH will perform inspection and testing at the final stages of abatement for each regulated area as specified in the CIH responsibilities. Additionally, the CIH will monitor and record pressure readings within the containment daily with a minimum of three readings at the beginning and at the end of a shift and submit the data in the daily report.

8. Period of Performance:

The IDIQ will cover a five-year ordering period, each task order will include a separate period of performance for the ordered line items and quantities. The estimated ordering period for the IDIQ is June 01, 2025, to May 31, 2030.

9. Contract Type and Task Orders

9.1. The resulting contract will be a single-award Indefinite Delivery Indefinite Quantity (IDIQ) contract for professional abatement monitoring, hazardous materials testing, and other Industrial Hygiene (IH) services with fixed price task orders authorizing the requested services as needed. The IDIQ will be established for a five-year period. Task orders may vary in size and will only be issued and awarded by a Contract Officer. All quantities are estimated and will vary with need.

9.2. Task order pricing shall be determined by using the line items and rates established in this IDIQ contract.

9.3. Task Order Process:

9.3.1. The Wilkes-Barre VA Program Manager will identify a need for services and notify the Contractor that services are required. A Statement of Work will be forwarded to the Contractor for each project explaining the services needed.

9.3.2. The Contractor will provide a breakdown of the necessary IH Specialist and/or analysis methodology and quantity from the IDIQ line items to complete the work required. The contractor will also propose a start and ending date for the period of performance for the project.

9.3.2.1. For example, the Contractor may propose the following:

Certified Industrial Hygienist (CIH): 4 hours Industrial Hygiene Technician (IHT): 20 hours Lab Analysis of Bulk Samples (PLM Method): 15 each Mold Bulk: 2 each

Period of Performance: 10 days

9.3.3. The Wilkes-Barre VA Medical Center will notify the Contract Officer of the need for services and request an order under this contract, forwarding the Contractor provided breakdown.

9.3.4. The Contract Officer will compare the requested line items, quantities, and pricing to the IDIQ contract, all pricing shall be determined directly from the IDIQ contract less any applicable discounts.

9.3.5. The Contract Officer will create the task order and issue the order by written notification to the Contractor. The task order will include the items, quantities, a short description of the work to be performed, and the period of performance.

9.3.5.1. Only a Contract Officer is authorized to approve services. No payment will be made for services performed without Contract Officer approval. Any unauthorized services performed will be considered an unauthorized commitment.

9.3.6. To facilitate closeout of individual orders placed under this IDIQ, the contractor shall submit final invoices within 30 days of completion of any order.

36C24425Q0677

9.4. The Contractor shall propose the line items and quantities to the Program Manager within 10 days of request. For emergency services, the proposal shall be provided within 4 hours of request. The contractor’s proposed price shall adhere to the rates established in this IDIQ.

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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):

https://www.acquisition.gov/browse/index/far https://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 Estimated dates: 06/01/2025 through 05/31/2030.

(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 $2,500.00, 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 $50,000.00;

(2) Any order for a combination of items in excess of $60,000.00; or

(3) A series of orders from the same ordering office within 30 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 3 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 Estimated 05/31/2030.

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(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 852.219-73 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 [X] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.8 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.9 VAAR 852.222-71, Compliance with Executive Order 13899. (DEVIATION) (APR 2025) 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.10 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.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for…