36C24626Q0090_1.docx

36C24626Q0090

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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

36C24626Q0090 10-10-2025 Ricky Farr 757-251-5877 10-21-2025 08:00

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 561990 $16.5 Million N/A X Reference Statement of Work

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 It is the Government's intent to solicit for document shredding services for the Fayetteville VACHCS and associated CBOCs and HCCs.

Period of Performance 10/27/25 through 10/26/25.

$0.00 See CONTINUATION Page X X Ricky Farr 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 Ricky Farr

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Shredding Services for the VA Medical Center and associated CBOCs and HCCs in accordance with the Statement of Work (total 101-32-gallon and 4-96 gallon) Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026 PRINCIPAL NAICS CODE: 561990 - All Other Support Services PRODUCT/SERVICE CODE: R614 - Support - Administrative: Paper Shredding

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B.3 STATEMENT OF WORK

The Contractor must provide for all labor, personnel, equipment, supplies, secured vehicles, materials, supervision, and other related services necessary to provide commercial document destruction for the facilities within the Department of Veterans Affairs in (Fayetteville, NC VA Coastal Health Care System). These include the following:

1. Fayetteville VA Medical Center 2300 Ramsey Street, Fayetteville NC 28301

2. Dialysis Center 2301 Robeson St. Ste 101, Fayetteville, NC 28305

3. VA Fiscal Department 201 Hay St., Fayetteville, NC 28301

4. Fayetteville HCC 7300 South Raeford Rd, Fayetteville NC 28304

5. Hamlet CBOC 100 Jefferson Street, Hamlet NC, 28345

6. Robeson County CBOC 139 Three Hunts Drive, Pembroke, NC 28372

7. Sanford CBOC 3112 Tramway Rd, Sanford NC, 27332

8. Goldsboro CBOC 2610 N Hospital Rd, Goldsboro NC, 27534

9. Wilmington HCC 1705 Gardner Dr, Wilmington NC, 28405

10. Brunswick CBOC 18 Doctors Circle Ste 2, Supply NC, 28462

11. Jacksonville CBOC 4006 Henderson Dr, Jacksonville, NC 28546

12. Josh Court Clinic 3 Josh Ct, Jacksonville, NC 28546

13. Brynn Marr Clinic 2 306 Brynn Marr Rd, Jacksonville, NC 28546

14. Jacksonville VA Clinic 4, 2580 Henderson Drive, Jacksonville, NC 28546

15. Medical/Dental Clinic MCAS New River.100 White St, Jacksonville, NC 28540

a. Contractor must be capable of furnishing (216) clean sanitary 32-gal containers, and (5) clean sanitary 96-gal containers) collection lock boxes at strategic collection sites throughout the Medical Center. Size may vary depending on location.

Pick-up schedule for each location(s) shall be coordinated with the Contracting Officer Technical Representative. Collect material from shred containers throughout the Medical Center and CBOC's.

1. The following locations will be serviced on a twice a month schedule with pick-ups on the second and forth Friday of each month:

Fayetteville Veterans Administration Medical Center located at 2300 Ramsey Street, Fayetteville NC 28301; Village Green, 1991 Fordham Dr, Fayetteville, NC 28304; Dialysis Center, 2301 Robeson St. Ste 101, Fayetteville, NC 28305; Public Works Commission, 201 Hay St., Fayetteville, NC 28301-5582 All pick-ups will be required to be done during normal work hours between 8:00 am - 4:30 PM (Monday - Friday).

Provide collection and removal services from Vendor owned correspondence locked boxes and contractor owned containers, when used, throughout the Medical Center.

a. Vendor's collection containers must be free of defects that they do not damage VA property and contain all collected material and be covered for security and patient confidentiality.

b. f. Contractor Quality Control: The contractor shall develop and maintain quality control programs to ensure destruction services are performed in accordance with mandated specification, regulations, and laws. The contractor shall develop and implement procedures to identify and prevent the occurrence of defective services.

c. Certificate of Destruction: The contractor shall prepare and submit to the medical facility COR an original signed certificate of destruction for each pick up for each site The contractor shall maintain proper records concerning each certificate of destruction. The certificate of destruction shall as a minimum contains the following.

1. Pickup/delivery location

2. Pickup /delivery dates

3. Name of Government COR at Pick up location.

4. Destruction Certificate Document number

5. Destruction Certification date

6. Amount of shredded waste (number of containers picked up and/ or pounds shredded.

7. Any other information as determined necessary by the COR.

d. Contractor shall provide to the COR a list of contractor employees expected to enter the building to pick up confidential documents. While on VA premises, all contractor personnel shall comply with the rules, regulation, and procedures governing the conduct of personnel and the operation of the facility.

e. Quality Assurance: The Government will receive and investigate complaints from various customers located at our sites. All information will be provided either verbally, and or in writing to the contractor for appropriate action.

f. (Fayetteville, NC VA Coastal Health Care System). Shall have the option to request additional shredding services to support large purges, and office moves that cannot be supported through already scheduled service.

Shredding Specification:

Materials collected for destruction and disposal shall be secured until the confidential material is unrecognizable in accordance with National Institute of Standards Technology (NIST) 800-88 Guidelines for Media Sanitization and Federal Information processing Standards (FIPS) 199 Security categorization of the system Confidentiality. The contractor shall protect, safeguard, control, manage and destroy VA designated confidential documents complying with VA Directive 6371, dated April 8, 2014.

Sites to be Serviced/ Task

1. Shredding services for the VA Medical Center, Collection Point: 2300 Ramsey Street Fayetteville, NC 28301, 101-32-gal 4-96 gal for the period of October 1st, 2024. through September 30, 2025. Vendor will perform on site shredding; provide secure/lockable portable and stationary collection containers/bins for numerous locations throughout the medical center. Frequency of pick up will be coordinated with COR, EMS or his/her designee based on the volume of collected material. The contractor shall collect all bins from location/room number(s), secure, transport and store until destruction. The contractor will maintain a chain of security/ custody from pick up to destination. Contractor to provide Government number of bins taken and /or shredded prior to departing the facility.

2. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC}, Dialysis Center 2301 Robeson St. Ste 101 Fayetteville, NC 28305. 3-32 gal

3. Shredding services as described in item 1 above for the VAMC's Public Works Commission 201 Hay St.

Fayetteville, NC 28301-5582 2-32-gal 5-96 gal

4. Shredding services as described in item 1 above for the VAMC's Fayetteville HCC 7300 South Raeford RD.

Fayetteville, NC 28304 71-32-gal 1-96 gal

5. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC) Hamlet CBOC 100 Jefferson St.

Hamlet, NC 28345 3-32gal

6. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC)

Robeson CBOC 139 Three Hunts Dr.

Pembroke, NC 28372 3-32 gal

7. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC Sanford CBOC 3112 Tramway Rd.

Sanford, NC 27332 4-32 gal

8. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC Goldsboro CBOC 2610 N Hospital Rd.

Goldsboro, NC 27534 2-32 gal

9. Shredding services as described in item 1 above for the VAMC's Wilmington HCC 1705 Gardner Dr.

Wilmington, NC 28405 17-32 gal

10. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC

Brunswick CBOC 18 Doctors Circle Ste 2.

Supply, NC 28462 6-32 gal

11. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC Jacksonville CBOC 4006 Henderson Dr.

Jacksonville, NC 28546 8-32 gal

12. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC Josh Court CBOC 3 4 Josh Ct.

Jacksonville, NC 28546 2-32 gal

13. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC Brynn Marr CBOC 2 306 Brynn Marr Rd.

Jacksonville, NC 28546 3-32 gal

14. Shredding services as described in item 1 above for the VAMC's satellite Community Based Outpatient Clinic (CBOC Jacksonville VA Clinic 4 2580 Henderson Drive, Jacksonville, NC 28546 1-32 gal

15. Shredding services as described in item 1 above for the VAMC's. satellite Community Based Outpatient Clinic (CBOC Medical/Dental clinic MCAS New River 100 White St, Jacksonville NC. 28540 2-32 gal

CONFIDENTIALITY OF MATERIALS

Personally Identifiable Information (PII) is any information about an individual Including, but not limited to, education, financial transactions, medical history, and criminal or employment history, and information which can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, and biometric records, including any other personal information which is linked or linkable to an individual. The protection of PII and other VA sensitive information through the awareness of proper privacy, security, and records management practices is the responsibility of every member of the VA workforce. Each container will be secured with a lock. Contractor staff on pick up dates after emptying the container contractor is responsible for immediately relocking the container lid.

Computer generated labels and other person/patient information collected in designated containers in selected areas will be maintained under strict control of Contractor from collection to destruction. Contractor will destroy material by on site shredding and will provide written certification of pick up/receipt of destruction on the day of destruction.

Billing for this shredding service will be provided as a separate line item on normal monthly invoices. Contractor is to deduct the cost of this service from the monthly credit that is normally given to the VA for regular existing recycling contract or bill the VA for the difference.

Contractor is aware of and agrees that the paper which is the subject of this contract contains confidential patient, employee and other Veterans Administration information which is subject to and protected by Title 5, U.S. Code, Section 5522a, commonly known as the privacy Act of 1974, and other confidentiality statutes to which the Department of Veterans Affairs is subject, including Title 38, U.S. Code, Section 3301 and Title 38, U.S. Code, Section 4132. Contractor acknowledges that it is fully bound by these statues in its handling confidential documents in accordance with this contract and agrees that it will institute appropriate procedures to safeguard any documents and/or information received from the Medical Center. Contractor warrants that it will not sell, release or otherwise disclose or distribute such materials or information to any individual or organization other than contractors' employees as necessary to conduct work.

Contractor further acknowledges that it is aware of certain civil and criminal penalties to which it may be subjected if it fails to comply with the above requirements, specifically:

a. Civil suit may be bought against vendor by any party injured by its failure, and, in addition to damages, therefore, attorney fees and other litigation costs may be assessed against contractor.

b. In any suit in which the court determines that the contractor acted in a manner which was intentional or willful, the injured party may recover actual damages as provided by law.

c. Any employee of the contractor who willfully discloses any protected information may be guilty of a misdemeanor and subject to a fine as provide by law.

d. Any person who violates the provisions of Title 38, U.S. Code, Section 4132, may be fined as provided by law for a first offense and as provided by law in the case of any subsequent offense.

Security:

1. Contractor must perform a background Special Agency Check (SAC) to include fingerprints on all employees who will be conducting work on VA Premises under this contract. Contractor must submit to the Contracting Officer evidence of the results of the background check(s) within 30 working days.

2. Contractor is responsible for providing an identification badge to all of the employees who will have access to materials handled by the contractor.

3. Contractors are not authorized the use of any VA computer, terminal or any data recording or transmission device.

4. The VHA requires vendors performing services directly or indirectly affecting the VHA Revenue Cycle complete Compliance training. This training will be accomplished using one of the following two options.

(a) The contractor may use VISN 6's Course Content Outline for New Employee Orientation: CBI Program (Attachment B3) and VHA CBI Helpline Poster (Attachment B4) or computer course at:

Web Address: vaww.netsix.med.va.gov/netsix/classroom/courses/105/page1.cfm or:

(b) The contractor's own Compliance training course will suffice if it is supplemented by the information that is contained in Attachments B3 and B4.

5. The vendor will provide copies of the training certificate (Attachment B5) to the contracting officer and Contracting Officer's Technical Representative (COR). A copy of the training certificate will also be maintained in the vendor's contract file.

6. The vendor will adhere to and be in compliance with VA DIRECTIVE 6371, DESTRUCTION OF TEMPORARY PAPER RECORDS, April 8, 2014 and VA DIRECTIVE 6371, APPENDIX A; IMPLEMENTATION PROCEDURES.

https://www.ees-leaming.net/librix/loginhtml.asp?v=librix

The vendor will provide copies of the training certificate to the contracting officer and Contraction Officer's Technical Representative (COR). A copy of the training certificate will also be maintained in the vendor's contract file.

7. The vendor will adhere to the FVAMC MCM NO. 00-55 SECURE ENVIRONMENT MANAGEMENT PLAN section 6 (d) Displaying of Badges: All employees, including contractors, volunteers and students are required to wear VA issued identification while on FVAMC property per Center Memorandum 00-63, PERSONAL IDENTITY VERIFICATION (PIV) EMPLOYEE IDENTIFICATION SYSTEM. Service chiefs are responsible for ensuring employees and contractors assigned to their service are in compliance of this requirement; and section 6 (g) Access and Control to the Facility: 1). The traffic laws of the state of North Carolina apply to and become a part of the facility regulations. Any violation of these laws or regulations is an offense and is subject to citation and/or arrest and prosecution through the U.S. courts. 2). All vehicles shall be operated in a safe manner. 3). Seat belt use is mandatory on Fayetteville VAMC property.

8. The vendor will adhere to the FVAMC Police SOP, Vehicle Registration, Parking, and Traffic Control, Chapter I Section J.

9. The vendor will adhere to the FVAMC MMC NO. 00-20, MEDICAL CENTER SMOKE-FREE POLICY, section 5 (a)

Smoking is prohibited on campus.

REFERENCES.

a. Federal Records Act, 44 U.S.C. Chapter 31.

b. Freedom of Information Act, 5 U.S.C. §552.

c. NSA/CSS 02-01-Z, Evaluated Products List for High Security Crosscut Paper Shredders.

d. NSA/CSS 02-02-M, Evaluated Products List for High Security Disintegrators.

e. 0MB Circular No A-130.

f. VA Directive 6300, (1) Records and Information Management.

g. VA Directive 6500, Information Security Program.

h. VA Directive 6502, Enterprise Privacy Program.

i. VA Handbook 6300.1, Records Management Procedures.

j. VA Handbook 6500, Information Security Program.

k. 36 C.F.R. Chapter XII.

I. 36 C.F.R. 1220.14 Subpart A, General Provisions, General Definitions.

m. 36 C.F.R. 1228.58 Destruction of Temporary Records.

n. 41 C.F.R. Part 101 -45, Sale, Abandonment, or Destruction of Personal Property.

o. 44 U.S.C Chapter 33.

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.2 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.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Printed Name of Signee: __________________________________________________ Printed Title of Signee: ____________________________________________________ Signature: ______________________________________________________________ Date: __________________________________________________________________ Company Name and Address: ______________________________________________ (End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

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

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

(End of Clause) (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) (DEVIATION FEB 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).

[X] (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.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (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 (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) 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).

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (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)).

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

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) [Reserved] [] (34) [Reserved] [] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (JAN 2025) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (55) 52.226-8, Encouraging Contractor…