36C24625Q0749.docx

36C24625Q0749

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

565-24-4-5123-0048 36C24625Q0749 05-28 -2025 LaKeva Cousins 757-315-3940 -04 -2025 10:00

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 541990 $19.5 Million N/A X Fayetteville VAMC 2300 Ramsey Street Fayetteville NC 28301 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 Fire Alarm Inspection System All Offerors shall be registered and current in the System for Award Management (SAM) database at time of quote submission, and maintain active registration until contract award, completion of performance, and final payment.

All offerors shall complete section E Instructions to offerors.

See CONTINUATION Page X x Cherisse Hall 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 Cherisse Hall

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.

VA Financial Service Center (FSC) Electronic Invoice Presentment and Payment System https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

Inspection, Testing, Maintenance and Repair of Fire Alarm System and Inspection of Sprinkler and Fire Suppression Systems

1.0 DESCRIPTON OF WORK:

This contract is to perform all Inspection, Testing, Maintenance and Repair of Fire Alarm System and Inspection of Sprinkler and Fire Suppression Systems to meet the most current Joint Commission or other similar life safety inspections located at the Fayetteville Veterans Affairs Coastal Health Care System (HCS), in accordance with the terms and conditions herein.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, parts and supervision to perform services. Contractor shall provide required scheduled inspections, maintenance, and necessary repairs on the Fire Alarm and Suppression Systems (see current Joint Commission standards); Fire Extinguishers (monthly and annually), all fire and smokes dampers, and all kitchen hood fire suppression systems, for the Department of Veterans Affairs Medical Center located at 2300 Ramsey Street, Fayetteville, NC 28301.

2.0 SCOPE: Fire Alarm

Contractor shall provide services described below for the Fayetteville VA (FVA) Medical Center to include outlying buildings as appropriate. The work shall be performed in accordance with the latest editions of NFPA and NEC codes and standards, State and Local Government requirements.

The Contractor must have a kickoff meeting within (7) Seven business calendar days from the date of award.

The Contractor work shall be actively coordinated with the FVA personal for a 24/7 health care facility to reduce, disruptions to service, disruption to patient safety & disruptions to patient care.

Example: Having speakers, strobes/horn on for multiple hours would be considered unacceptable.

Contractor will ensure that they have qualified personnel on site to conduct all inspections and monitor all sections of the Hospital Wings, Corridors, Doors, Elevators, Tampers, Dampers, Fire Department Connection, Standpipes, and Outbuildings etc. for verification of compliance strobes, alarms, speakers, alarm panels.

Contractor must provide resources and personnel to complete entire sections without 100% VA personnel attendance. Example: Bldg. 1 A -Wing, B -Wing, C-Wing, D-Wing, CLCs, Other outlying buildings etc...

The Fayetteville Veterans Administration Medical Center (FVAMC) will provide personnel to assist by escorting contractor to each building or location, opening and unlocking doors to spaces, as necessary, however the FVAMC will not provide personnel to stay with the contractor for the duration of each of the EP testing, inspection, and maintenance.

Example: Day-1 Initial meeting on site, check in, escort to site provide overview of the FVANC Campus and buildings, Day-2 Meet, Check-in and escort to testing site, Day-3 Meet -Check-in escort to testing site, etc.…

For Bid Purposes, all EC.02.03.05 Element of Performances (EPs) shown in table #4 of this SOW to include 5 yr testing and inspections (Sprinkler 5-year internal inspections, 5-year standpipe inspections, 5-year FDC Hydro pressure tests, 6-year fire/smoke damper inspections) shall be inspected and reports provided with in 60 calendar days of Contract Award. Fayetteville VA Coastal HCS is currently past all recurring frequency of inspections per EP as required by Table #3 of this SOW. Upon award All EPs must be brought into compliance within 60 days.

Trained technicians shall perform maintenance and repair of panel functions, auxiliary and monitoring functions, and all accessible peripheral devices listed and currently connected to the facility Fire Alarm per applicable NFPA standards. The contractor shall have two (2) National Institute for Certifications in Engineering Technology (NICET) Level 2certified individuals and at least one (1) certified Level 3 person. Certification shall be provided to the VA prior to award of contract. All contractor employees shall provide results of TB that have been completed within 12-months. Maintenance shall be scheduled in advance, and at the convenience of the customer. Contracted service technicians shall receive the assistance from our organization's staff for access to all areas of the facility to locate devices and ensure efficient transition between areas. Contractor shall be licensed for all services. Contractor shall provide local, regional, and factory service support.

Note: The servicing company shall provide safe access to the equipment being tested (i.e. scaffolding, mechanical lift, ladders, etc.). Equipment acquired through the servicing company shall be inspected by VA personnel for operational safety prior to use in our facilities.

Note: Proper functional testing of smoke detectors includes a demonstration that smoke can enter the smoke chamber and initiate an alarm. However, the use of oil-based aerosol product can compromise smoke detector performance and will not be accepted. In addition, any device that uses exposed combustible material to generate smoke, open flame, or heat (cigarettes, torches, burning rags, etc.) will also not be accepted. The use of dry aerosol smoke will only be accepted if proper diffuser is utilized. The use of magnets does not satisfy functional testing and will only be acceptable for detector zone verification.

3.0 TESTING, INSPECTION AND RE-CERTIFICATION SHALL INCLUDE:

1. Inspect the system to determine whether it is in service and in satisfactory condition in accordance with NFPA standards. (NFPA 72, Chapter 10)

2. Identify potentially detrimental site conditions that could compromise the performance of mechanical and/or electronic components of the system.

3. Inquire about any changes or modifications of the fire detection and alarm systems.

4. Inquire about changes in the general occupancy environment, operations and conditions relating.

to the fire detection and alarm system in accordance with NFPA standards.

5. Inquire about the customer’s general storage and stock arrangements for combustibles in relation.

to fire alarm and suppression systems.

6. Check the general condition of the fire alarm panel and related equipment.

7. Test all smoke and heat detectors in accordance with the manufacturer’s specifications.

8. Inspect all fire alarm control panels and remote fire alarm panels.

9. Visually inspect and trip a detector on all annunciators and zones.

10. Inspect and meter all batteries semi-annually.

11. Inspect all fire suppression Kitchen Hoods (Bldgs. 3, 70,71, and 73)

12. Inspect all Dampers.

13. Inspect all output relays and test activation.

14. Inspect and exercise all flow switches, tamper switches, and low-pressure alarms.

15. If applicable, verify that all signals are received by the fire monitoring company.

16. Inspect the smoke detectors for cleanliness, clean the detectors that require cleaning in accordance with manufacturer’s guidelines.

17. Test non-restorable heat detector circuits by simulating electrical operation at the wiring.

connection.

18. Function tests all accessible heat-actuating devices, both electrically and pneumatically, in accordance with manufacturer’s specifications. During testing the fire detection system, activate outputs for the purpose of equipment shutdown, start-up and HVAC/smoke control.

19. Compile a complete report of the inspection that details any deficiencies and recommendations of

20. corrective actions that should be taken in accordance with recognized codes for care and maintenance.

21. Familiarize the Customer with proper operation of the equipment.

22. Government shall provide personnel to assist contractor when testing and inspecting speakers, strobes and horn strobes. Provided government personnel shall listen to and/or visually inspect strobes and horns for proper function, during testing. If the contractor refuses to allow government personnel to assist. Contractor will be required to supply enough personnel to perform task within a reasonable time period as to not affect or interfere with patient care or safety.

4.0 Detector Cleaning

1. All accessible smoke detectors will be cleaned once annually in accordance with NFPA.

5.0 Documentation

1. Documentation for all inspections include exact physical locations of all individual devices as well as zone and complete address locations with test results, all applicable control panel voltages, test results of all applicable auxiliary functions, names of technicians performing service, and all required repairs with cost estimates. The vendors approved NFPA report shall be submitted to the Fayetteville VA HCS. During Quarterly inspections daily written reports shall be provided at the completion of each day’s inspections. Additionally, daily out briefs will be conducted with the COR and Chief of engineering.

2. All documentation of inspections shall meet The Joint Commission (TJC) criterion that has been established for Medical Facilities. Any report that doesn’t meet EP 28, see table #4, shall be corrected within 7 calendar days from time of report submission to COR or delegated representative for the Fayetteville VA Coastal HCS.

3. Final reports from testing, inspection, etc., shall be provided within 10-calendar days from date of inspection and/or repair. From date of received report complete all actionable repairs to deficiencies, failures of devices or report notes within 14 calendar days.

4. Reports shall be provided at the completion of inspections; test, inspection, repair number passed, number failed, number remaining, work performed (see 5.0 (1)).

5. Prospective offerors who are unable to meet any of these minimum responsibility requirements shall be considered unqualified to provide the Fire Alarm - Life Safety repair.

6. Documentation shall not combine Element for Performances (Example: EP 1, EP 2, etc separately) to allow for ease of digital and hard copy filing. Documentation of EPs shall also be separated by building as follows:

· EP reports for bldg. 1&3

· EP reports for bldg. 70,71, 72, 73 (CLC), Hospice

· EP reports for all other outlying bldgs.

Example: EP1 Bldg 1&3 EP1 Bldg 70, 71, 72, & 73 EP1 Bldg 4, 9, 10, 11, etc...

a. Log the following:

· Exact location of the device tested.

· System address/zone location

· Test results

· Applicable voltage readings

· Any discrepancies

· All EPs listed see table #4 to include EP 28.

b. Format

· Electronic and paper copies.

· Each report shall summaries all EPs inspected in one table flowing all information listed in EP28.

· Each Environment of Care Element of Performance shall have a summary sheet with findings of Pass and Fail inventory.

6.0 Frequency – Defined by The Joint Commission (See Table 3)

7.0 Current Scope of Devices: Use most current reports available for approximate numbers of devices. This number may vary due to construction and availability of reports. Not all devices are listed in reports. Device count includes Main Building 1&3, outlying building, Community Living Center (CLC) and Modular Office Trailers.

8 .1 SERVICE:

The contractor shall provide service as outlined in the Statement of Work. Additional services shall include recharges, repairs, and modifications to equipment; and shall be communicated via a written quote prior to the commencing work.

All repairs under $2k identified by inspections shall be covered under the bid proposal for each option year awarded. Repairs are defined as each deficiency noted on the inspection report.

8.2 OPERATIONS:

Services shall be performed during weekday normal hours and/or weekend hours, Saturday, and Sunday (7:00am until 3:30pm), excluding Federal holidays, and any other day specifically declared by the President of the United States pending parts availability. Federal holidays are available at the Federal Holiday OPM Site. For working outside the hours as defined as normal hours in this contract, the vendor shall give 7-day notice to the Contracting Officer Representative so that arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section. All work to be coordinated around an operational medical center as to minimize impact to patient care.

All contracted field personnel engaged in work on this Service Contract shall be trained in accordance with current NFPA and OSHA regulations. Training shall include update training in compliance with OSHA and NFPA Certifications.

The contractor’s employees shall not enter the work site without appropriate identification. They may also be subject to inspection of their personal effects when entering or leaving the site of Service.

Execute work to interfere as little as possible with normal functioning of the hospital including operations of utility services, fire protection or alarm systems.

No utility service such as water, gas, steam sewers or electricity, or fire protection systems and communications systems be interrupted without prior approval of COR and Chief Engineer. Electrical work shall be accomplished with all affected circuits or equipment de energized. The vendor shall submit a request to interrupt any such services to COR, in writing, 7 calendar days in advance of proposed interruption. Request shall state reason, date, exact time of, and approximate duration of such interruption. The COR will provide a blank Utility Shut Down Request form for use by the contractor. All outages affecting patient care or safety will be completed during other than normal hours – example: Air Handler Unit (AHU) outages for Fire/Smoke Damper inspections and repairs, constant audible devices, constant visual devices, pull stations activation resulting in AHU shutdowns in ORs, ICU, and inpatient areas (such as med surge, CLC and Hospice).

Fayetteville VA Coastal HCS reserves the right to close down or shut down the site and order the vendor’s employees off the premises in the event of a national or local emergency at no additional cost to the VA. The vendor may return to the site only with the written approval of the Contracting Officer.

Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police, and other emergency response forces in accordance with NFPA 241.

Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Minimize disruptions and coordinate with COR.

Buildings will be occupied during performance of work. Contractor shall take all measures and provide all material necessary for protecting existing equipment and property in affected areas against dust and debris, so that equipment and affected areas to be used in the Fayetteville VA CHCS operations will not be hindered.

All work shall be performed in full accordance with applicable local and Federal regulations. All materials and installation shall conform to the recommendations of National Fire Protection Association (NFPA), plumbing and mechanical codes. No departures from specification requirements will be permitted without written approval. The Supplier shall use good safety practices while working. All hardware should be installed in such a manner to minimize damage and maximize patient and employee safety.

New work shall be installed and connected to existing work safely and professionally. Disturbed or damaged work shall be replaced or repaired to its prior conditions.

All items furnished shall be free from defects that would adversely affect the performance, maintainability and appearance of individual components and overall assembly.

Where the Government determines that the vendor has installed equipment not conveniently accessible for operation and maintenance, equipment shall be removed, and reinstalled or remedial action performed as directed at no additional cost to the Government.

Contractor personnel and sub-contractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA personnel regarding information and information system security.

9.0 SERVICE CALLS:

Service calls shall be provided within twenty-four (24) hours of notification. In the event of a Critical Life Safety Emergency, Contractor shall respond on-site within four (4) hours of notification. All service repairs not covered under this agreement shall be quoted and approved by Contract Officer or delegate prior to work be done.

10.0 PERSONNEL:

All personnel performing the repairs must meet all regulatory qualification standards as required by the State of North Carolina. A record of qualification and/or certification of each employee performing the duties must be maintained and made available to the Contracting Officer upon request.

11.0 REPORTS

See (EP 28) in the Table 4 for required information for each EP.

Table #4

- pressure supervisory for a dry pipe (both high and low conditions),

- water level supervisory signal initiating device;

- water temperature supervisory indicating devices, and

- room temperature supervisory indicating devices.

- Other Supervisory initiating devices

* Control valves;

* pressure supervisory;

* pressure tank, NFPA 72-2010: Table 14.4.5 Annually Quarterly

NFPA 72-2010: Table 14.4.5 and NFPA 25-2011: Table 5.1.1.2 Semiannual

NFPA 72-2010: Table 14.4.5; 17.14 Annually

NFPA 72-2010: Table 14.4.5 Annually

NFPA 72-2010: Table 14.4.5 Annually

NFPA 25-2011: 8.3.1; 8.3.2

Monthly

Diesel-engine-driven fire pumps tested under no-flow conditions

NFPA 25-2011: 8.3.1; 8.3.2

Weekly

Semiannually

NFPA 25-2011: 13.2.5; 13.3.3.4; Table 13.1.1.2; Table 13.8.1 Annually Quarterly

NFPA 25-2011: 13.7; Table 13.1.1.2 Quarterly

Fire pump supervisory signals for pump running and pump power loss tested

NFPA 25-2011: 8.3.3; 8.3.3.4

Annually

NFPA 25-2011: 6.3.1; 6.3.2; Table 6.1.1.2 5 years

Other special systems per NFPA standards and manufacturers’ recommendations See NFPA 2001 (2012) As required

NFPA 10-2010: 7.2.2; 7.2.4

Monthly

NFPA 10-2010: 7.1.2; 7.2.2; 7.2.4; 7.3.1

Annually

after install; every 3 years thereafter NFPA 1962-2008: Chapter 7 and NFPA 25-2011: Chapter 6 5 years / 3 years

NFPA 90A-2012: 5.4.8; NFPA 80-2010: 19.4;

NFPA 105-2010: 6.5

1 year after install/At least every 6 years thereafter

NFPA 90A-2012: 6.4.1

Annually

NFPA 80-2010: 5.2.14.3; NFPA 105-2010: 5.2.1; 5.2.2

Annually

NFPA101-2012: 7.2.1.5.10.1; 7.2.1.5.11; 7.2.1.15;

NFPA 80-2010: 4.8.4; 5.2.1; 5.2.3; 5.2.4; 5.2.6;

5.2.7; 6.3.1.7; NFPA 105-2010: 5.2.1

Annually

NFPA 101-2012: 9.4.3; 9.4.6

Monthly

NFPA 25-2011: 4.3; 4.4; NFPA 72-2010: 14.2.1; 14.2.2; 14.2.3; 14.2.4

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Fire Alarm System Inspection Service Contract Contract Period: Base POP Begin: 06-04-2025 POP End: 06-03-2026 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: L042 - Technical Representative - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Alarm System Inspection Service Contract Contract Period: Option 1 POP Begin: 06-04-2026 POP End: 06-03-2027

PRODUCT/SERVICE CODE: L042 - Technical Representative - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Alarm System Inspection Service

Contract Period: Option 2 POP Begin: 06-04-2027 POP End: 06-03-2028

PRODUCT/SERVICE CODE: L042 - Technical Representative - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Alarm System Inspection Service

Contract Period: Option 3 POP Begin: 06-04-2028 POP End: 06-03-2029

PRODUCT/SERVICE CODE: L042 - Technical Representative - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

Fire Alarm System Inspection Service

Contract Period: Option 4 POP Begin: 06-04-2029 POP End: 06-03-2030

PRODUCT/SERVICE CODE: L042 - Technical Representative - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

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 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of Clause)

C.5 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

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

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

(End of Clause) C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Supplies/products.

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

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

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

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

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

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

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

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

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

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

(End of Clause) C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency…