36C24725Q0287 0001.docx

Attachment

1:

Combined

Synopsis-Solicitation for

Commercial Items

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 02-07-2025 557-25-2-800-0006 Department of Veterans Affairs Ralph H. Johnson VA Medical Center 109 Bee Street Charleston

SC

29403-5799 Department of Veterans Affairs Ralph H. Johnson VA Medical Center 109 Bee Street Charleston

SC

29403-5799 To All Offerors/Bidders

36C24725Q0287

X The purpose of this amendment is to respond to vendor questions, include salient characteristics, adjust CLINs and add VAAR clauses.

Darius Crane Contracting Officer The purpose of this modification it to provide answers to vendor questions, include salient characteristics, remove reference to FAR 52.219-14, include VAAR Clause 852.219-75 in full text, and clauses and ordering language FAR 52.216-18, and 52.216-19.

ANSWERS TO VENDOR QUESTIONS

1. Previous Contract Details: Could you share the name of the previous contract holder who provided these services or the Solicitation Number?

Answer: Itamar

1. Backlog Timeline: Is there a specific deadline for clearing the 903-study backlog, or should we plan to complete it as soon as possible after contract award?

Answer: As Soon As Possible.

1. Volume Requirements for Option Years: The base year specifies 1,800 studies (in addition to the 903 backlog). Could you confirm that each of the 4 option years will require 900 studies annually, as indicated?

Answer: This is the average that we calculated every year.

1. Evaluation Criteria Weighting: Are the evaluation criteria (Technical, Past Performance, Price) weighted equally, or are certain areas prioritized?

Answer: Yes, it is weighted equally

1. Start Date: Could you confirm the anticipated contract start date following award?

Answer: February 15, 2025.

1. Equipment Specifications: The solicitation mentions the use of WatchPAT or equivalent devices. Would devices from other manufacturers that meet or exceed the required specifications be acceptable?

Answer: Any equal devices must be compatible with Somnoware. This system is already setup in place and works with the WatchPat devices.

1. Invoicing Frequency: The solicitation mentions electronic submission of invoices, but it does not specify the required invoicing frequency. Would it be acceptable to submit invoices more frequently than every 30 days, such as weekly, bi-weekly, or after a specific number of studies have been completed (e.g., 100 or 200 studies)? 30 Days is acceptable.

Answer: Invoicing monthly in arrears (30 days is acceptable).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, January 17, 2025.

This solicitation is set-aside for SDVOSB.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621610, with a small business size standard of $19 Mil.

The FSC/PSC is Q403.

The Carl Vinson VAMC, located at 1826 Veterans Blvd, Dublin, GA is seeking to purchase Home Sleep Apnea Testing Interpretation Services.

All interested companies shall provide quotations for the following services:

Services

ITEM INFORMATION

Contract Period: Base

LOCAL STOCK NUMBER: CS2116051

Contract Period: Base

LOCAL STOCK NUMBER: CS2117002

Contract Period: Base

LOCAL STOCK NUMBER:

BASE YEAR

Contract Period: Option 1

LOCAL STOCK NUMBER: CS2116051

Contract Period: Option 1

LOCAL STOCK NUMBER: CS2117002

OPTION YEAR 1

Contract Period: Option 2

LOCAL STOCK NUMBER: CS2116051

Contract Period: Option 2

LOCAL STOCK NUMBER: CS2117002

OPTION YEAR 2

Contract Period: Option 3

LOCAL STOCK NUMBER: CS2116051

Contract Period: Option 3

LOCAL STOCK NUMBER: CS2117002

OPTION YEAR 3

Contract Period: Option 4

LOCAL STOCK NUMBER: CS2116051

Contract Period: Option 4

LOCAL STOCK NUMBER: CS2117002

OPTION YEAR 4

STATEMENT OF WORK

ITAMAR MEDICAL INTERPRETATION SERVICE

1. GENERAL: This new urgent request is due to a current backlog of 903 sleep study consults for the home sleep studies that have not been read. The new service request will include having the company not only provide the interpretation service, but they will also send out the equipment to the veterans and interpret the study once it is returned to them. They will maintain the upcoming studies and close out timely.

2. EQUIPMENT DESCRIPTION: This is an interpreting service that will send out home study kits for the veterans to use at home. Once the kit is returned to the company, they will interpret the study and then provide cpap/bipap machines to the veteran if ordering is required.

3. PERFORMANCE REQUIREMENTS: The interpreting service will directly send out the home sleep study kits to the veterans. Once the kits are returned to the service and study interpreted the veteran will receive machines as needed if provider orders the equipment.

4. CONTRACT PERFORMANCE MONITORING:

A. The government reserves the right to monitor services in accordance with performance requirements.

B. CloudPAT website enables the interpreting physician as well as the sleep technologist to access sleep studies and prescriptions.

5. DAYS AND HOURS OF OPERATION:

All work required in the performance of this contract shall be performed during the hours of Monday – Saturday 24/7 and reports/results should be returned within 48 hours after test have been uploaded.

· The Watch PAT studies are interpreted by board certified sleep physician.

· Purchase is good until all 903 and any plus studies have been performed and interpreted (meaning no expiration on interpretation services)

· The interpretation will include:

· Diagnosis

· Therapy prescription if needed

This will provide a proficient solution for the backlog of patients requiring sleep studies.

6. TERMINATION OF SERVICE:

The government reserves the right to terminate this contract, or any part hereof, for its sole convenience.

7. SECURITY:

The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies.

~END OF SOW~

Similar services/items should be compatible to and meet or exceed similar items produced by Zoll Itamar Surgical and meet the below salient characteristics:

· 7 Channels with 4 respiratory indices

· 89% Correlation to PSG1

· Accurate diagnosis with true sleep time and sleep staging

· Approved measure in the 2017 AASM HSAT Clinical Practice Guidelines

· Must be compatible with Somnoware software.

Place of Performance Address: Carl Vinson VAMC 1826 Veterans Blvd Dublin, GA Postal Code: 31021 Country: UNITED STATES

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Items”

2. FAR 52.212-2, “Evaluation-Commercial Products and Commercial Services”

3. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items”

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” [NOV 2023]

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:

VAAR 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (JAN 2023) (DEVIATION) VAAR 852.223-71 Safety and Health (SEP 2019) VAAR 852.232–72, Electronic Submission of Payment Requests

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (DEC 2023)

The following subparagraphs of FAR 52.212-5 are applicable:

[52.203-6, 52.203-17, 52.204-10, 52.204-14, 52.204-27, 52.209-6, 52.219-28 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-41, 52.222-42, 52.222-50, 52.222-54, 52.222-55, 52.222-62, 52.223-18, 52.225-13, 52.232-33, and 52.242-5.]

All quoters shall submit the following:

Adequate documentation detailing the capabilities of the offeror to meet the requirements of the Description/Specifications and Work Statement, and a complete 852.219-75 - Attachment 2 Limitations on Subcontracting

All quotes shall be sent to the Darius Crane, NCO 7 Contracting Officer email darius.crane@va.gov. not later than 02/11/2025 15:30 Eastern Time. Please place in “ATTENTION: 36C24725Q0287 SLEEP STUDY SERVICES” in the subject line of your email. All offers must include the solicitation number.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors:

Technical – Adequate documentation detailing the capabilities of the offeror to meet the requirements of the Statement of Work, Past Performance - Utilizing CPARS, and Price - The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, and conditions.

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

Provisions 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. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures.

The following provision is incorporated into 52.212-1 as an addendum to this solicitation:

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the Request for Quote (RFQ). However, the small business size standard for a concern that submits a quote, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

1. Is set aside for small business and has a value above the simplified acquisition threshold; or

1. Uses the HUBZone price evaluation preference regardless of dollar value, unless the quoter waives the price evaluation preference; or

1. Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of Quotes. Submit signed and dated quotes to the office specified in this Request for Quote (RFQ) at or before the exact time specified. Quotes may be submitted on letterhead stationery, or as otherwise specified in the RFQ. As a minimum, quotes must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

1. A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment Request for Quotation amendments;

(10) Quote should include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotes that fail to furnish required representations and certifications, information requested in (1) to (9), and accept the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of Quotes. The quoter agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes unless another time period is specified in an addendum to the solicitation.

(d) Multiple Quotes. Quoters are encouraged to submit multiple quotes presenting alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.

(e) Late submissions, revisions, and withdrawals of quotes.

(1) Quoters are responsible for submitting quotes so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and may not be considered unless it is received before purchase order issuance and the Contracting Officer (CO) determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude a notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(f) Issuance of Purchase Order. The Government may issue a purchase order to one or more quoters as identified in the Request for Quote (RFQ). Therefore, the quoter’s initial quote should contain the best terms from a price and technical standpoint. However, the Government may reject any or all quotes if such action is in the public’s best interest. The Contracting Officer (CO) may issue a purchase order to other than the quoter with the lowest priced quotation.

(g) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the quoter qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quotation.

(h) Unique entity identifier (UEI). Applies to all quotes that exceed the micro-purchase threshold, and quotes at or below the micro-purchase threshold if the solicitation requires the contractor to be registered in the System for Award Management (SAM).) The quoter must enter, in the block with its name and address on the cover page of its quote, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the quoters name and address. The quoter also must enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the UEI. The suffix is assigned at the discretion of the quoter to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the quoter does not have a UEI, it should contact the entity designated at www.sam.gov for UEI establishment directly to obtain one. The quoter should indicate that it is a quoter for a Government contract when contacting the entity designated at www.sam.gov for establishing the UEI.

(i) Requests for information. The CO will not notify unsuccessful quoters that responded to this Request for Quotation (RFQ). However, quoters may request information on purchase order(s) resulting from this solicitation with the CO.

(End of Provision)

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

· 52.204-7, System for Award Management (OCT 2018)

· 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

· 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

· 52.233-2, Service of Protest (SEPT 2006)

· 852.233-70, Protest Content/Alternative Dispute Resolution (OCT 2018)

· 852.233-71, Alternate Protest Procedure (Oct 2018)

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of your response shall be received not later than 02/11/2025 15:30 Eastern Time via email to darius.crane@va.gov. Please place in “ATTENTION: 36C24725Q0287 SLEEP STUDY SERVICES” in the subject line of your email.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be received by January 29, 2025, NLT 12:00 PM EST and forwarded in writing via e-mail to the Point of Contact listed below. Please place in “ATTENTION: 36C24725Q0287 SLEEP STUDY SERVICES” in the subject line of your email.

Darius Crane Contracting Officer Darius.crane@va.gov

A.1 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

A.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1,800, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 1,800;

(2) Any order for a combination of items in excess of 150; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause) A.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(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) [] 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 VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed 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 VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed 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 VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated 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 section 1001 of title 18.

(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)