36C24625Q0146_2.docx

Industrial Hygiene Services Western North Carolina VA Healthcare System Asheville NC 28805

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

637-25-1-6067-0005 36C24625Q0146 02- -2025 warren.pennil@va.gov 757-722-9961 Ext 18635 02- -2025 12:00

EST

NCO6

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 541620 $19 Million X N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 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 The Charles George VA Medical Center has a requirement for Industrial Hygiene Services. This solicitation is issued as a SDVOSB set aside with a Base plus 4 (four) year option.

Base year Period Of Performance is 03/01/2025 to 02/28/2026 See Instruction to Offerors for SDVOSB eligibility.

Completed VAAR 852.219-75 VA Notice Of Limitations is require with quote.

See CONTINUATION Page X X Warren A Pennil Contracting Officer 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 36C246 Warren A Pennil

NCO6

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:

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.

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

Environmental Consulting /Industrial Hygiene Services in accordance with the terms and conditions of this SOW.

Contract Period: Base POP Begin: 03-01-2025 POP End: 02-28-2026 PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services PRODUCT/SERVICE CODE: R428 - Professional: Industrial Hygienics

Environmental Consulting /Industrial Hygiene Services in accordance with the terms and conditions of this SOW.

Contract Period: Option 1 POP Begin: 03-01-2026 POP End: 02-28-2027

Environmental Consulting /Industrial Hygiene Services in accordance with the terms and conditions of this SOW.

Contract Period: Option 2 POP Begin: 03-01-2027 POP End: 02-29-2028

Environmental Consulting /Industrial Hygiene Services in accordance with the terms and conditions of this SOW.

Contract Period: Option 3 POP Begin: 03-01-2028 POP End: 02-28-2029

Environmental Consulting /Industrial Hygiene Services in accordance with the terms and conditions of this SOW.

Contract Period: Option 4 POP Begin: 03-01-2029 POP End: 02-28-2030

B.3 STATEMENT OF WORK

Industrial Hygiene Services Western North Carolina VA Healthcare System Asheville NC 28805

Introduction The Western North Carolina VA Healthcare System (WNCVAHCS) is interested in establishing a professional service contract associated with this SOW and contract award. The WNCVAHCS is looking for highly qualified, experienced firms to provide analytical and technical consulting services. Credentialed professionals experienced in conducting Industrial Hygiene, Asbestos, Mold and Lead abatement assessments and sampling protocols are needed to support the WNCVAHCS main campus, and its Community Based Out-Patient Clinics.

General Requirements The contractor shall provide all necessary resources, labor, supervision, materials, equipment, and expertise to perform Industrial Hygiene services to the WNCVAHCS in accordance with the terms and conditions of this PWS for the procurement of Indoor Air Quality (IAQ), Mold, Lead and Asbestos Sampling.

Description of Required Services Contract must ensure that Industrial Hygiene, mold, lead and asbestos sampling/air monitoring is conducted per the most current standards set by the American Industrial Hygiene Association (AIHA), the International Organization for Standardization, ASTM International, The National Institute for Occupational Safety and Health (OSHA), The National Institute for Occupational Safety and Health (NIOSH), the American Conference of Governmental Industrial Hygienists, Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices and all other applicable regulatory guidance.

Other services needed on an infrequent basis may include development of site-specific asbestos, mold and lead abatement and management plans; asbestos awareness training; mold and lead remediation; and monitoring for asbestos abatement projects. All work shall be completed in accordance with federal, state and local regulations and described within a final report that includes lab results and specific conclusions and recommendations sections.

As a minimum, required contractor support services must include monitoring of the indoor air quality environment for carbon monoxide, carbon dioxide, hydrocarbons, fungi, bacteria, dust, temperature, and relative humidity. Other monitoring will be conducted as determined or required. Contractor must have or be able to obtain microbiology, toxicology and chemistry laboratory services. Contractor must submit documentation showing that the laboratory is accredited by the American Industrial Hygiene Association, under the Environmental Microbiology Laboratory Accreditation Program (EMLAP), prior to the contract award date.

Number of Site Locations for Sampling:

Indoor Air Quality:

· 4 Locations Mold/Asbestos/Lead

· 4 Locations, Asbestos Awareness Training:

· 1 location – Main Campus Annually or as needed for new WNCVAHCS employees or contract housekeeping staff.

Contracts will be awarded for an initial term of one (1) year. After the initial term, the WNCVAHCS shall have the option to renew for up to four (4) additional one (1) year periods, exercisable at the WNCVAHCS’s sole discretion.

Investigations and sampling shall be conducted at the following locations on an “as requested” basis:

Main Campus

1. Charles George Department of Veterans Affairs Medical Center 1100 Tunnel Road Asheville, NC 28805-2087

Community Based Outpatient Clinics

2. Franklin VA Clinic 647 Wayah Street Franklin, NC 28734-3390

3. Hickory VA Clinic 2440 Century Place Southeast Hickory, NC 28602-4031

4. Master Sergeant Jerry K. Crump VA Clinic 2270 College Avenue, Suite 145 Forest City, NC 28043-2459 Labor Categories – Certified Industrial Hygienist, Industrial Hygienist, Lead Risk Assessor, Mold Assessor/Remediators, Mold Assessment Consultant Minimum Qualifications: Certified Industrial Hygienist – Education and experience requires a minimum of a four (4) year industrial hygiene degree or related science degree with technical and administrative experience in managing facility services similar to the complexity of work associated with the PWS and contract award. The Senior Certified Industrial Hygienist should have a minimum of ten (10) years of overall management experience with day-to-day operations similar in scope and complexity as discussed herein.

Minimum Qualifications: Industrial Hygienist – Education and experience requires a minimum of a four (4) year industrial or related science degree and at least six (6) months of experience. ALL work is to be supervised, reviewed, and signed by a Certified Industrial Hygienist (CIH).

IAQ Specialist/Technician – Education and experience requires a minimum of a four (4) year industrial or related science degree and at least six (6) months of experience.

A resume’ or copy of the certification is required to support the position (s) qualifications.

1. QUALIFICATION OF CONTRACTORS:

Contractor shall be a firm who has the expertise and knowledge and regularly engaged in the containment, remediation, demolition and abatement of asbestos, mold and lead. The contractor shall possess and provide all the necessary supervision, labor, materials, equipment, human capital, licenses, certifications, inventory, tools, and resources to successfully and skillfully execute the requirements associated with the PWS and contract award. Contractors shall provide proof of qualifications (Asbestos/Lead/Mold/IAQ) prior to award of the contract.

2. Deliverables/Reports:

Written reports for each facility with a summary including any action items, detail of the sampling evaluation methods, results and discussion, acceptable ranges for each sampling.

strategy, conclusion of results, sampling results tables, and recommendations are required for all sampling. Actual laboratory results are to be available on request.

Routine reports are to be completed and received within ten (10) days after sample collection. Rush reports must be completed and received within forty-eight (48) hours. Reports will be submitted electronically, or hard copies delivered directly to the COR. United States Postal Service will not be used because of irradiating the documents.

Other industrial hygiene or occupational safety and health support services as requested to include but not limited to the following:

3. Industrial Hygiene:

Personnel and area monitoring for chemical hazards (Benzene, Formaldehyde, Xylene, cleaning products, adhesives, surgical gas exposure or other task specific hazards).

Testing and analyzing samples for hazardous conditions and producing report of finding.

Providing cost estimates for media testing/sampling and removal.

Monitoring of personnel and area for Physical Hazards (noise, temperature and humidity, light, or other task specific hazards).

Performing Compliance Sampling and Monitoring top stay in compliance with rules and regulations governing worker and environmental safety.

Testing and analyzing drinking water samples for safety and compliance with the Environmental Protection Agency’s primary and secondary drinking water standards (bacteria, lead, copper, Legionella and other task specific hazards).

Prescribing corrective procedure, when necessary to protect health, based on past experience, knowledge and the quantitative data available.

4. Indoor Air Quality (IAQ)/Mold/Asbestos:

Monitoring indoor environment for carbon dioxide, carbon monoxide, hydrocarbons, fungi, bacteria, dust, asbestos, temperature, relative humidity, and other parameters determined or required.

· Determining the causations of industrial and environmental hazards and prescribing steps to mitigate or eliminate them.

· Conducting ventilation surveys in a workplace environment.

· Project Management of Mold Remediation

· Conducting Sick Building Syndrome Investigations

5. CHANGES:

The contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which may affect the contract terms and conditions, quality, quantity, price, and/or delivery. It is mandatory that the contractor contact the Contracting Officer for approval in the event there are changes prior to proceeding. No other individual has the authority to make binding changes and/or commitments.

Any changes in personnel, after award of the contract, must be coordinated with the COR and approved by the Contracting Officer. Failure to comply may result in contract termination.

Subcontracting: In the event the Contractor, Subcontracts; the subcontractor shall meet all the requirements on the Prime Contractor and be approved by WNCVAHCS.

6. Contractor Response Time:

The contractor shall respond to “Emergency Requirements”, by arriving at the designated.

location with two (2) hours, after receipt of the requirement. The “Standard” response time shall be within forty-eight (48) hours after receipt of the requirement.

7. Security Procedures:

Most of the work will be performed during normal working hours of 7:00am to 3:30 pm Monday- Friday excluding federal Holidays. Some of the work, such as building envelope analysis, may need to be performed after hours.

For working outside the “regular hours” as defined in the contract, the contractor shall give one (1) day notice to the COR so that escort arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown.

· Contractor’s employees shall not enter the building without appropriate badge or identification. They may also be subject to inspection of their personal effects when entering or leaving the building. All contractor personnel are subject the WNCVAHCS policies and procedures regarding employee safety and security.

· Photography of VA premises is allowed only with permission of the COR.

8. Parking:

All contractors are required to park behind Bldg. 2 & 3 along Riceville Rd. Personal or company vehicles left unattended in areas not approved for contractor parking, will be subject to ticketing and towing at the owner’s expense.

9. Station Rules and Guidelines:

· Any work requiring a shut down or utility outage will be requested in advance and scheduled by the COR prior to the work being accomplished.

· The contractor will be responsible for ensuring that all the employees and other personnel visiting the work site have and are using the appropriate Personal Protective Equipment (PPE) that addresses the hazards found at the site. The Contractor will be responsible for the upkeep, issue, and training for the PPE used and maintaining all required documentation.

10. Compliance Awareness Training:

shall be completed by vendor prior to access to Charles George VAMC. Vendor has responsibility for “Duty to Report” and fraud, waste and abuse witnessed while on VA premises to the Compliance Officer.

11. Contractor Storage:

A temporary small less than 10 square feet on-site interior storage for very small amounts of contractor sampling equipment has been designated inside of the Industrial Hygiene cubicle on the 3rd Floor of Bldg. 15. The area will be accessible during regular working hours of the FMS Industrial Hygiene Staff. The Contractor shall keep the area neat, orderly, and clear of all debris.

12. Hours of Operations:

a) The Contractor is responsible for conducting business during normal business hours, Monday through Friday from 0800 to 1600, during the times that the COR is available, apart from Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

b) If a holiday falls on a Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also, included would be any day specifically declared by the President of the United States. Contractor is not required to provide any service(s) on nationally recognized U.S. Government holidays, nor shall the contractor be paid for these holidays.

The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this solicitation when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

c) The healthcare systems operations are 24/7, 365 days a year, therefore on occasions; the Government may have requirements outside of normal business hours. The Contractor will be required to provide services under these circumstances.

13. OVERTIME AND HOLIDAYS:

Any overtime and/or holiday work requests must be submitted to the CO and COR in writing. Any work completed without prior authorization of the COR and CO, shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

14. Incorporated References:

a) American Conference of Governmental Industrial Hygiene’s (ACGIH), Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices: www.acgih.org, 2017

b) American Society of Heating, Refrigeration and Air‐Conditioning Engineers (ASHRAE), Standard 55‐2017, Thermal Environmental Conditions for Human Occupancy www.ashrae.org, 2017

c) ASHRAE Standard 62.1‐2017, Ventilation for Acceptable Indoor Air Quality www.ashrae.org, 2016

d) ASTM Standard E1186‐2017, Standard Practices for Air Leakage Site Detection in Building Envelopes and Air Barrier Systems www.astm.org, 2017

a) EPA Indoor Air Quality Links www.epa.gov (use in conjunction with January 19, 2017 web snap shot)

b) Indoor Air Quality Handbook, Spengler, 2017

c) Indoor Air Quality Publications from CPSC www.CPSC.gov

d) Institute of Inspection Cleaning and Restoration (IICRC, S500) Standard and Reference Guide for Professional Water Damage Restoration www.iicrc.org

e) Institute of Inspection Cleaning and Restoration (S520) Standard and Reference Guide of Professional Mold Remediation www.iicrc.org

f) NIOSH (National Institute for Occupational Safety and Health Guidance for Indoor Air Quality Investigations

g) NIOSH, Indoor Air Quality Building Education and Assessment (I‐BEAM) Model, 2002 www.epa.gov/nscep

h) NIOSH Indoor Environmental Quality Webpage www.cdc.gov/niosh/topics/indoorenv/

i) The IAQ Investigator’s Guide, AIAH, Gunderson, 2006

j) OSHA Indoor Air Quality Webpage www.osha.gov/SLTC/indoorairquality/

k) OSHA Technical Manual – IAQ Investigations www.osha.gov/dts/osta/otm/

l) OSHA Technical Manual, Section III, Chapter 2, Subsection V “Recommendations for the Employer,” Engineering and administrative guidance to prevent IAQ Problems www.osha.gov/dts/osta/otm/

m) Texas Administrative Code (TAC), 25 TAC 295.301‐295.338, May 20, 2007 www.dshs.texas.gov/mold/pdf/MoldRules

B.4 SPECIAL CONTRACT REQUIREMENTS

A. WORK HOURS OR HOURS OF OPERATION

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

Normal working hours are Monday through Friday, 8:00am – 4:30pm, excluding federal holidays which are as follows:

New Year’s Day Martin Luther King’s Day Memorial Day President’s Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas

Any other day specifically declared by the President of the United States to be a federal holiday.

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.

B. CONTRACTOR EMPLOYEES

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.

All personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the Governmental installation shall abide by all security instructions and directives of the Department of Veteran Affairs. Employees are responsible for safeguarding all Government property provided for contractor use.

The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during the Criminal Background Investigation (CBI).

Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this requirement. Furthermore, nothing in this requirement shall excuse the contractor from proceeding with the contract as required.

C. BILLING AND PAYMENT

The contractor shall submit payment requests in electronic form via VA’s Electronic Invoice Presentment and Payment System http://www.fsc.va.gov/fsc/einvoice.asp.

Invoices shall be submitted upon completion of contract requirement. 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:

Contract Number Obligation/Purchase Order Number Invoice Number CLIN (contract line item number) Date of Service

D. 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 Contracting Officer Representative (COR) shall be responsible for the overall technical administration of this contract as outlined in the SOW.

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.

Point Of Contact

Charles George VA Medical Center 1100 Tunnel Road Asheville NC 28805 Richmond VA 23249 Hampton VA Medical Center 100 Emancipation Drive, Building 27Hampton, VA 23667

E. VAMC SMOKE FREE POLICY

In striving to provide a healthy and safe environment at our facilities, VHA is implementing a smoke-free policy for all VHA health care facilities and property assigned to VHA that is under the charge and control of VA.

Under VHA Directive 1085, all VHA health care facilities (including CBOCs and HCCs) will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. The policy applies to cigarettes, cigars, pipes, or any other combustion of tobacco, including but not limited to electronic or e-cigarettes, vape pens or e-cigars.

Although VA has historically permitted smoking in designated areas, there is growing evidence that smoking and exposure to secondhand and thirdhand smoke creates significant medical risks, and risks to safety and direct patient care that are inconsistent with medical requirements and limitations.

Should you have additional questions or concerns, please feel free to contact me at

(757) 722-9961 Ext. 18635 or warren.pennil@va.gov.

36C24625Q0146

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)

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 30 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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) years.

(End of Clause) C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

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

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

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

(f) Joint ventures. A joint venture may be 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.5 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 Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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