36C24624Q0525_2.docx

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H961--Emergency Power System Maintenance Federal contract opportunity
Solicitation number
36C24624Q0525
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 6

About this file

This document is a solicitation for Emergency Power System Maintenance services for the Department of Veterans Affairs (VA) Durham Medical Center. The VA is seeking a contractor to provide comprehensive maintenance, testing, and emergency support services for the facility's emergency power system, including generators, automatic transfer switches, and switchgear.

The contract has a base term and four one-year option periods. The contractor must perform semi-annual and annual preventive maintenance inspections, annual load bank testing, quarterly on-site support for power outages, and provide emergency repair parts and labor. The solicitation is set aside for certified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). Offers are due by May 3, 2024 at 8:00 AM EDT. The contract will be awarded as a firm-fixed-price contract. Pricing is required for each contract period and service element.

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36C24624Q0525

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24624Q0525 04-23-2024 Keicha Passley 757-726-6048 05-03-2024 8:00 am

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 221122 1100 Employees Net 30 N/A X Durham Veterans Affairs Medical Center 508 Fulton ST Durham NC 27705 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page Emergency Power System Maintenance Services for the Durham VAMC - IAW the Performance Work Statement.

Please review and fill out Section B,C and E See CONTINUATION Page X X Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 PRICE/COST SCHEDULE5
ITEM INFORMATION5
B.3 PERFORMANCE WORK STATEMENT (PWS)12
B.4 SPECIAL CONTRACT REQUIREMENTS15
SECTION C - CONTRACT CLAUSES18
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)18
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)18
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)19
C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)19
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)19
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)19
C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)22
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)24
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)25
C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)25
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS35
D.1 WAGE DETERMINATION35
D.2 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)35
SECTION E - SOLICITATION PROVISIONS43
E.1 INSTRUCTIONS TO OFFERORS43
E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)46
E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)47
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)50
E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)51
E.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)52
E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)53
E.8 52.216-1 TYPE OF CONTRACT (APR 1984)53
E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)53
E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)54
E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)55

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 36C246 C. Culley Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[X] Monthly in arrears upon receipt of proper invoicing

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.

VA Financial Services Center (FSC) Electronic Invoice Presentment and Payment System http://www.fsc.va.gov/fsc/einvoice.asp.

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

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2.00
JB
__________________
__________________

SEMI-ANNUAL INSPECTION-NOVEMBER/ANNUAL INSPECTION JUNE - IN ACCORDANCE WITH PWS SECTION 2.0 Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 221122 - Electric Power Distribution PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

27.00
EA
__________________
__________________

TRANSFER SWITCHES-SEPTEMBER; ANNUAL PM SERVICE ASSOCIATED WITH ALL GENERATORS

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ASCO 7000/SERIAL NUMBER 74610930P SWITCHGEAR; ANNUAL PM SERVICE

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ANNUAL LOAD BANK TEST FOR GEN #1, #2, #3 AND #6 - JANUARY; IN ACCORDANCE WITH PWS SECTION 2.1.2

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

4.00
QTR
__________________
__________________

QUARTERLY ON-SITE FOR POWER OUTAGES FOUR (4) HOURS PER; IN ACCORDANCE WITH PWS SECTION 4.1

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

36 MONTH LOAD TEST FOR GEN #1, #2, #3 AND #6 - 12/11/2024; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

EMERGENCY POWER SYSTEM PARTS AND LABOR, INCLUDING PUMPS, FITTINGS, ETC.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE EMERGENCY GENERATORS IN EVENT OF FACILITY GENERATOR FAILURE; IN ACCORDANCE WITH PWS SECTION 4.3.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE TEMPORARY GENERATOR IN THE EVENT OF PLANNED OUTAGES; IN ACCORDANCE WITH PWS SECTION 4.4

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

2.00
JB
__________________
__________________

SEMI-ANNUAL INSPECTION-NOVEMBER/ANNUAL INSPECTION JUNE - IN ACCORDANCE WITH PWS SECTION 2.0 Contract Period: Option 1 POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

27.00
EA
__________________
__________________

TRANSFER SWITCHES-SEPTEMBER; ANNUAL PM SERVICE ASSOCIATED WITH ALL GENERATORS

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ASCO 7000/SERIAL NUMBER 74610930P SWITCHGEAR; ANNUAL PM SERVICE

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ANNUAL LOAD BANK TEST FOR GEN #1, #2, #3 AND #6 - JANUARY; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

4.00
QTR
__________________
__________________

QUARTERLY ON-SITE FOR POWER OUTAGES FOUR (4) HOURS PER; IN ACCORDANCE WITH PWS SECTION 4.1

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

36 MONTH LOAD TEST FOR GEN #1, #2, #3 AND #6 - 12/11/2024; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

EMERGENCY POWER SYSTEM PARTS AND LABOR, INCLUDING PUMPS, FITTINGS, ETC.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE EMERGENCY GENERATORS IN EVENT OF FACILITY GENERATOR FAILURE; IN ACCORDANCE WITH PWS SECTION 4.3.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE TEMPORARY GENERATOR IN THE EVENT OF PLANNED OUTAGES; IN ACCORDANCE WITH PWS SECTION 4.4

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

2.00
JB
__________________
__________________

SEMI-ANNUAL INSPECTION-NOVEMBER/ANNUAL INSPECTION JUNE - IN ACCORDANCE WITH PWS SECTION 2.0 Contract Period: Option 2 POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

27.00
EA
__________________
__________________

TRANSFER SWITCHES-SEPTEMBER; ANNUAL PM SERVICE ASSOCIATED WITH ALL GENERATORS

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ASCO 7000/SERIAL NUMBER 74610930P SWITCHGEAR; ANNUAL PM SERVICE

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ANNUAL LOAD BANK TEST FOR GEN #1, #2, #3 AND #6 - JANUARY; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

4.00
QTR
__________________
__________________

QUARTERLY ON-SITE FOR POWER OUTAGES FOUR (4) HOURS PER; IN ACCORDANCE WITH PWS SECTION 4.1

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

36 MONTH LOAD TEST FOR GEN #1, #2, #3 AND #6 - 12/11/2024; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

EMERGENCY POWER SYSTEM PARTS AND LABOR, INCLUDING PUMPS, FITTINGS, ETC.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE EMERGENCY GENERATORS IN EVENT OF FACILITY GENERATOR FAILURE; IN ACCORDANCE WITH PWS SECTION 4.3.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE TEMPORARY GENERATOR IN THE EVENT OF PLANNED OUTAGES; IN ACCORDANCE WITH PWS SECTION 4.4

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

2.00
JB
__________________
__________________

SEMI-ANNUAL INSPECTION-NOVEMBER/ANNUAL INSPECTION JUNE - IN ACCORDANCE WITH PWS SECTION 2.0 Contract Period: Option 3 POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

27.00
EA
__________________
__________________

TRANSFER SWITCHES-SEPTEMBER; ANNUAL PM SERVICE ASSOCIATED WITH ALL GENERATORS

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ASCO 7000/SERIAL NUMBER 74610930P SWITCHGEAR; ANNUAL PM SERVICE

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ANNUAL LOAD BANK TEST FOR GEN #1, #2, #3 AND #6 - JANUARY; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

4.00
QTR
__________________
__________________

QUARTERLY ON-SITE FOR POWER OUTAGES FOUR (4) HOURS PER; IN ACCORDANCE WITH PWS SECTION 4.1

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

36 MONTH LOAD TEST FOR GEN #1, #2, #3 AND #6 - 12/11/2024; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

EMERGENCY POWER SYSTEM PARTS AND LABOR, INCLUDING PUMPS, FITTINGS, ETC.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE EMERGENCY GENERATORS IN EVENT OF FACILITY GENERATOR FAILURE; IN ACCORDANCE WITH PWS SECTION 4.3.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE TEMPORARY GENERATOR IN THE EVENT OF PLANNED OUTAGES; IN ACCORDANCE WITH PWS SECTION 4.4

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

2.00
JB
__________________
__________________

SEMI-ANNUAL INSPECTION-NOVEMBER/ANNUAL INSPECTION JUNE - IN ACCORDANCE WITH PWS SECTION 2.0 Contract Period: Option 4 POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

27.00
EA
__________________
__________________

TRANSFER SWITCHES-SEPTEMBER; ANNUAL PM SERVICE ASSOCIATED WITH ALL GENERATORS

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ASCO 7000/SERIAL NUMBER 74610930P SWITCHGEAR; ANNUAL PM SERVICE

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

ANNUAL LOAD BANK TEST FOR GEN #1, #2, #3 AND #6 - JANUARY; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

4.00
QTR
__________________
__________________

QUARTERLY ON-SITE FOR POWER OUTAGES FOUR (4) HOURS PER; IN ACCORDANCE WITH PWS SECTION 4.1

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

36 MONTH LOAD TEST FOR GEN #1, #2, #3 AND #6 - 12/11/2024; IN ACCORDANCE WITH PWS SECTION 2.1.2

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

EMERGENCY POWER SYSTEM PARTS AND LABOR, INCLUDING PUMPS, FITTINGS, ETC.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE EMERGENCY GENERATORS IN EVENT OF FACILITY GENERATOR FAILURE; IN ACCORDANCE WITH PWS SECTION 4.3.

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

1.00
JB
__________________
__________________

PROVIDE TEMPORARY GENERATOR IN THE EVENT OF PLANNED OUTAGES; IN ACCORDANCE WITH PWS SECTION 4.4

POP Begin:

POP End:

PRODUCT/SERVICE CODE: H961 - Other Quality Control, Testing, and Inspection - Electric Wire and Power Distribution Equipment

GRAND TOTAL
__________________

Comment by Burroughs, Justin P.: Need a CLIN for the 3 year testing, state date last performed. Which option year it would fall in

B.3 PERFORMANCE WORK STATEMENT (PWS)

1.0 Introduction:

The scope of this contract shall require the contractor to provide all material, shipping, handling, labor, supervision, coordination, travel, tools and equipment needed to complete the contract requirements. This contract shall be established for the Department of Veterans Affairs Medical Center in Durham, North Carolina to be provided for Emergency Power System Testing and Maintenance service for the entire facility located at 508 Fulton St., Durham, North Carolina.

2.0 Scope:

2.1 Semi-Annual Preventative Maintenance Inspection shall be performed in November and June of each year and are to be coordinated with Engineering Service Representative.

2.1.1 Semi-Annual Inspection – November: Inspect all generator sets, checking engine for proper operations and clean and inspect transfer switches. During inspection include all items on Check List headed Semi-annually, in accordance with all appropriate specifications and Joint Commission requirements.

2.1.2 Annual Load testing – January: Contractor shall perform a load test on diesel generators each year. The load test to be performed on Caterpillar diesel generators (#1, #2 and #3), located in building #18 and Kohler diesel generator (#6) located in building #9. Testing of Generators 1, 2 and 3 shall be performed using an auxiliary load bank and shall include a load large enough for all three diesels to be tested in accordance with EC.02.05.07EP6. Load of 50% of nameplate rating for 30 minutes, followed by 75% of nameplate rating for 60 minutes, for a total of 1 ½ continuous hours. This shall include all labor, equipment, and necessary supplies to perform a proper load test as stipulated by the Joint Commission specifications and NFPA standards. Contractor will record all test results on a test sheet. The test sheet will be signed, dated, and turned over to the VA Engineering Representative no later than 5 business days from the completion of the load test.

2.1.3 Annual Inspection – June: Inspect all Generator sets checking engine for proper operations, clean and inspect transfer switches. During inspection, include all items on Check Lists (Generator and Transfer Switch) headed “Annual” in addition to “Semi-Annual”, in accordance with all appropriate specifications, NFPA standards and Joint Commission requirements.

2.1.4 36 Month Load Test (EC.02.05.07 EP9-10)- At least once every 36 months, hospitals with generator providing emergency power for the services listed in EC.02.05, EP’s 5 and 6. Generators 1, 2 and 3 shall be tested using an auxiliary load bank and shall include a load large enough for all three Caterpillar generators to be tested in parallel at 30% of capacity. Load test shall run for a minimum of four (4) hours uninterrupted. This shall include all labor, equipment, and necessary supplies to perform a proper load test as stipulated by the Joint Commission specifications and NFPA standards. Contractor shall record all test results on a test sheet. Test sheet shall be signed, dated, and turned over to the VA Engineering Representative no later than 10 business days from the completion of the load test. Date of last completion 12/11/2021

3.0 Equipment Inventory:

Manufacturer
Model#, Serial#, Specification
Caterpillar Diesel
Gen Set #1 - Gen Model# LC7, Serial# G7A05097, 500 Kw, 625 KVA, 1735 A, 3 phase, 60 Hz, 0.8 pf, 208/120 V

Eng. Model# C15, Serial # FTE02064 Located in Bldg. 18

Caterpillar Diesel
Gen Set #2 - Gen Model# LC7, Serial# G7A05097, 450 Kw, 562.5 KVA, 1560 A, 3 phase, 60 Hz, 0.8 pf, 208/120 V

Eng. Model# C15, YR 2014, Serial # FTE02064 Located in Bldg. 18

Caterpillar Diesel
Gen Set #3 - Gen Model# LC7, Serial# G7A03127, 500 Kw, 625 KVA, 1735 A, 3 phase, 60 Hz, 0.8 pf, 208/120 V

Eng. Model# C15, YR 2014, Serial # FSE03278 Located in Bldg. 18

Cummins Diesel
Model# DQGAA-4100083, Serial# B100097581, Spec. A, 1250 Kw, 1562.5 KVA, 1879.5 A, 3 phase, 60 Hz, 0.8 pf, 480/277 V

Located outside Bldg. 14, Labeled as Gen Set #5

Kohler Diesel
Model # 2000REOZMD, Serial # SGM32BGSJ, 2000 KW, 2500 KVA, 3007A, 3 phase, 60 Hz, 480/277 V

Engine Model # 7M4054, Serial # WA-6000438-0714 Located West of Bldg. 9, Labeled as Gen Set #6

Caterpillar Diesel
Gen Model# LC7, Serial# G7A05097, 500 Kw, 562.5 KVA 1560 A, 3 phase, 60 Hz, 0.8 pf, 208/120 V

Eng. Model# C15, Serial # FTE02612 Located in MRI Loading Dock, Labeled as Gen Set #7

Caterpillar Diesel
Gen Model# LC7, Serial# G7A05097, 500 Kw, 562.5 KVA, 1560 A, 3 phase, 60 Hz, 0.8 pf, 480/277 V

Eng. Model# C15, Serial # FTE02605 Located in MRI Loading Dock, Labeled as Gen Set #8

Automatic transfer switch
Manufacturer
Model
Serial Number
Rating
ATS-1
ASCO
H7ACTBB31200C5XC
553571 WE
1200A
ATS-2
ASCO
H7ACTBB30800C5XC
553574 WE
800A
ATS-3
ASCO
H7ACTBB30800C5XC
596626 WE
800A
ATS-4
ASCO
H7ACTBB31000C5XC
1829385 WE
1000A
ATS-5
ASCO
J7ACTBB30600NDXC
1829382 WE
600A
ATS-6
ASCO
H7ACTBB30800C5XC
553572 WE
800A
ATS-7 (6th Floor roof)
Cummins
BTPCC-5749297
B060887231
600A
ATS-8 (2nd flr. Interstitial)
ASCO
J7ACTBA30400N5XC
2043769 WE
400A
ATS-9
ASCO
H07ATBB31200C5XC
1829377 WE
800A
ATS-10
ASCO
J7ACTBB31200C5XC
577487 WE
1200A
ATS-11
ASCO
H7ACTBB30400C5XC
577484-001 WE
400A
ATS-12 (Fire Pump)
Zenith
73173
150A
TS-1
ASCO
H7ACTBB30800C5XC
596625-001 WE
800A
TS-2
ASCO
H7ACTBB30800C5XC
596625-002 WE
800A
TS-3
ASCO
H7ACTBB30800C5XC
596625-003 WE
800A
TS-4
ASCO
J7ACTBB30400C5XC
596627 WE
400A
ATS-F1 (B 18 Annex)
ASCO
H7ACTBB30800N5XC
1294982 WE
800A
ATS-F2 (B 18 Annex)
ASCO
H7ACTBB30800N5XC
1293925 WE
800A
ATS-F3 (B 18 Annex)
ASCO
H7ACTBB30400N5XC
1293926 WE
400A
ATS-7 MDP (B 7)
Kohler
KGS-DCVA-1200S
SGM328DHF
1200A
ATS-8 Chiller 3 (B 9)
Kohler
KGS-DMTA-1200S
SGM328DHD
1200A
ATS-9 MCC (B 9)
Kohler
KGS-DMVA-1200S
SGM228DHD
1200A
ATS-C (B 15)
ASCO
H7ATBB30150N5XC

150A

ATS-S (B 15)
ASCO
H7ATBB30150N5XC
533079-002 WE
150A
ATS-02C (B 15)
Kohler
KGS-DMTA-600S
SGM3228NG
600A
ATS Fire Pump (B 15)
Eaton
FT80-25-D-L1-E1
16BT488E
100A
14 ATS-1 (B 14)
Zenith
ZB6SB1604S
1592458
1600A

4.0 Coordination

The contractor shall give four (4) calendar weeks’ notice prior to arriving on site to perform scheduled preventative maintenance and testing. Upon arrival at the station to perform periodic maintenance service or in answers to telephone request by authorized employee of the Department of Veterans Affairs. The contractor of his/her assigned representative shall check in with engineering service prior to making any repairs during normal working hours, 8:00am to 4:30pm, Monday through Friday. If an emergency call is issued within other than normal working hours, the contractor representative shall be required to check in with operations, located in the boiler Plant, building 7 on site and they shall contact the appropriate engineering service representative. After completion of such service or maintenance work during regular work hours, the contractor or his/her representative shall obtain the signature of the equipment operator or other authorized person acknowledging the receipt of service. The duly signed copies of service or repair ticket shall be delivered to the engineering service representative. Any work in addition to what is started in the contract must be made known to and approved by the engineering service representative prior to proceeding with repairs. At night, weekends and holidays, the contractor shall deliver service tickets to the VA Engineering representative.

4.1 Planned Outage Support: Contractor shall offer services on site for power outages once per quarter for a duration of no less than 4 hours per visit.

4.2 Emergency Power Systems Service: Contractor shall service all components of the of the emergency power system to include generators, ATS, switchgear, including but not limited to piping, hoses, fittings, and pumps necessary for proper operation of the generator system. Contractor shall be responsible for up to $5000 per occurrence after which the VA will assume responsibility of funding.

END OF WORK STATEMENT

B.4 SPECIAL CONTRACT REQUIREMENTS

1. QUALITY ASSURANCE SURVEILLANCE PLAN

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

2. BACKGROUND INVESTIGATIONS

A full background check is not required for this position, however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

4. HOURS OF OPERATION

7:00 am to 3:30 pm – Monday through Friday excluding the Federal Holidays listed below. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

New Year’s Day Martin Luther King Jr’s Birthday Washington’s Birthday

Memorial Day JuneteenthIndependence DayLabor Day
Columbus DayVeterans DayThanksgiving DayChristmas Day
And any other day the President of the United States specifically declares a Federal Holiday.

5. BILLING AND PAYMENT

Contractor shall submit invoices, quarterly, in arrears, via payment requests in electronic form via VA’s Electronic Invoice Presentment and Payment system http://www.fsc.va.gov/fsc/einvoice.asp. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:

· Date of invoice

· Invoice number

· Contract number

· Obligation number

· Vendor name

· CLIN and dates of service

6. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF.

Contract Specialist (CS) Keicha Passley Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Tel: (757) 726-6048 Keicha.Passley@va.gov

Point of Contact Jeffery Anderson Department of Veterans Affairs Veterans Affairs Medical Center 508 Fulton Street Durham, NC 27705 Tel: 919-286-0411 X174993 Jeffery.Anderson7@va.gov 36C24624Q0525

Page 1 of Page 1 of

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)

FAR Number
Title
Date
52.203-16
PREVENTING PERSONAL CONFLICTS OF INTEREST
JUN 2020
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020
52.228-5
INSURANCE—WORK ON A GOVERNMENT INSTALLATION
JAN 1997

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) year.

(End of Clause)

C.4 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.5 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.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:

[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.7 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.

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