36C24819Q1265-001.docx

36C24819Q1265

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

08-26-2019 Maria Diaz maria.diaz3@va.gov 3055757000 ext 4364 09-08-2019 2:00pm 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 NW 16th Street Miami FL 33125

X

238220 $15 Million

N/A

See Delivery Schedule

36C546 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 NW 16th Street Miami FL 33125

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

Service: Ventilation Test and Balance This solicitation is to award an Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Five (5) years.

**Site visit is scheduled is listed in Section E.3 on page 48.

Questions: Please submit no later than 09/04/2019. Time

9:00 AM ET.

Submit questions: maria.diaz3@va.gov and william.bridger@va.gov.

The Goverment reserves the right not to respond to questions submitted after thus date/time.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.)

Network Contracting Office 8 (NCO 8) Miami – Services Team 1201 NW 16th Street Miami, FL 33125

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

3. INVOICES/PAYMENT: Invoices shall be submitted electronically on a monthly basis, in accordance with:

a. 852.232-72 Electronic Submission of Payment Requests (NOV 2012)

b. Upon acceptance of services.

c. Payments shall be made in arrears upon receipt of a properly prepared invoice.

d. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

e. VA’s Electronic Invoice (e-Invoice) system uses a third-party contractor (Tungsten Network) for submission of electronic invoices. Go to this website to begin submitting electronic invoices, free of charge: http://www.tungsten-network.com/customer-campaigns/veteransaffairs-us/

For assistance setting up e-Invoice, the below information is provided:

· Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com

· Tungsten Network e-Invoice Setup Information: (877)752-0900 (Option 2 - Enrollment)

· Tungsten Network Customer Service: (877)489-6135

· OB10 Portal to submit electronic invoices: VA.Registration@ob10.com

· VAFSC – for Invoice receipt or payment questions, call: (877)353-9791 or

· VAFSC Email: vafsccshd@va.gov

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF

SUBMISSION FOR PAYMENT REQUESTS

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

CONTRACT ADMINISTRATION

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

B.2 SCHEDULE OF SERVICES

Pricing shall be for all services required to provide Ventilation Test and Balance Service in accordance with the PWS. The quantities are estimated quantities only and shall be considered nonbinding.

Minimum and Maximum Contract Amounts:

During the contract period of performance, the minimum contract value is $5,000.00. The cumulative amount of all task orders shall not exceed $990,000.00 for the entire life of the contract.

The first task order will be issued against the contract at the time of award with a task order value that meets or exceeds the contract minimum. While the government anticipates at least one task order will be issued against this IDIQ contract each contract year, it has no obligation to issue task orders to the contractor beyond the minimum amount specified above.

Estimate Ordering Period 1:

- Regular rooms

- During regular business hours

- Operating and Sterile Processing Rooms

- During Non-Business hours

TOTAL PRICE FOR ORDERING PERIOD 1: ____________

Estimate Ordering Period 2:

- Regular rooms

- During regular business hours

- Operating and Sterile Processing Rooms

- During Non-Business hours

TOTAL PRICE FOR ORDERING PERIOD 1: ______________

Estimate Ordering Period 3:

- Regular rooms

- During regular business hours

- Operating and Sterile Processing Rooms

- During Non-Business hours

TOTAL PRICE FOR ORDERING PERIOD 3: ______________

Estimate Ordering Period 4:

- Regular rooms

- During regular business hours

- Operating and Sterile Processing Rooms

- During Non-Business hours

TOTAL PRICE FOR ORDERING PERIOD 4: ______________

Estimate Ordering Period 5:

- Regular rooms

- During regular business hours

- Operating and Sterile Processing Rooms

- During Non-Business hours

TOTAL PRICE FOR ORDERING PERIOD 5: ______________

AGGREGATE TOTAL PRICE FOR ALL ORDERING PERIODS: _________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER

PERIOD OF PERFORMANCE

12 months

12 months

12 months

12 months

12 months

B.4 PERFORMANCE WORK STATEMENT (PWS)

Ventilation Test and Balance

1. Introduction

1.1 Contractor shall furnish all equipment, labor, materials, apparatus, tools, parts, transportation, supervision, permits, disposal, reporting and expertise necessary to provide:

1.1.1 Ventilation Testing and Balancing to the rooms listed below in paragraph 2.3.1.

1.1.2 All reports, workbooks, spreadsheets are the property on the VA and shall be sent electronically, unlocked and editable. Any formulas, data, functions and calculation are part of the reports, workbooks, spread sheets and must be included in first and final reports.

2. Annual Testing and Balancing and Reports

2.1 Testing and Balancing. Contractor shall provide necessary manpower and supervision to properly execute Annual Testing and air-balance of all rooms listed in 2.3.1.

2.1.1 Testing and balancing will be scheduled on an annual basis.

2.1.2 Testing and balancing shall be performed when the testing and balancing shall minimize disruptions to patients, patient services or research professionals. Rooms with patients shall be tested after breakfast and before evening meals are served. Testing and balancing shall be scheduled, and agreement made in writing, between the COR and Contractor.

2.1.3 All Operating Suite room inspections shall be done after hours or on weekends when the Surgery Rooms are not occupied.

2.1.4 For Operating Room, Operating Suite and SPS inspections, the Contractor’s technicians must be suited in appropriate, approved, protective, sterile clothing. And shall ensure no debris, dust, or fallout from ducts remain behind. Clothing used to access specialty spaces such as OR and Sterile processing will be provided by the government. Contractor shall provide self-contained unit with own negative pressure machine to ensure debris and duct do not fall during ceiling access if required. Vacuuming must be completed with a HEPA vacuum.

2.1.5 Readings of registers are made with a certified Alnor Balometer. For rooms with a fume hood, a certified Shortridge Instruments Verigrid is used. Other Balometers can be used but shall be certified within requirements to take readings.

2.1.6 When Balancing is required in patient rooms, an approved self-containment unit shall be used, and contractor shall follow VA infection control procedures when working above ceiling and or in a restricted area. Such as OR, SPS clean room. Etc. Vendor shall provide self-containment unit. Many products meet the requirements self-contained negative pressure unit which extends to ceiling access hatches from the floor. The containment is the most critical function of the unit for access above ceilings.

2.1.7 The contractor is required to provide all labor and materials required to balance the rooms to achieve the correct pressure and CFM required.

2.2 Reports. Contractor shall provide necessary manpower and supervision to properly prepare a Report of the Testing and Air Balancing.

2.2.1 The Contractor must distribute the full reports to the COR within 10 days of the testing of the rooms. The report is to be distributed in two forms:

2.2.1.1 Electronic file,

2.2.1.2 Two Printed color copies. All reports, workbooks, spreadsheets are the property on the VA and must be sent electronically, unlocked and editable. Any formulas and calculation are part of the reports, workbooks, spread sheets and must be included in first and final reports. Contractor shall provide un-editable report as submission. The un-editable report shall be the certified report.

2.2.2 The Annual Testing and Air Balancing Report shall provide the following for each room listed in 2.3.1:

a) Room Number

b) Building

c) Cubic Feet

d) Required Balance

e) Required Supply (CFM)

f) Required Exhaust (CFM)

g) Minimum Required Air Changes

h) Actual Supply (CFM)

i) Actual Exhaust/Return (CFM)

j) Actual Air Changes per Hour

k) Actual Percent POS/NEG

l) Comments from Readings and Observations

m) Isolation Room Alarm Test Results

n) HVAC Design Manual Reference page

o) Last calibration date on testing equipment used

2.2.3 Test and Balance Report Requirements listed in 2.2.2, including d) Required Balance, e) Required Supply (CFM), f) Required Exhaust (CFM), g) Minimum Required Air Changes, are provided and pre-approved by the COR. These items must be included for each room on the Test and Balance Report. Any change to these requirements does not constitute a change to this contract.

2.3 Testing and balancing Room List

2.3.1 The rooms listed below shall be tested and balanced on annual base, a Test and Balance Report conforming to Section 2.1 and 2.2 shall be provided with readings for each room. A worksheet shall be made with the readings for each register in each of the rooms and each register shall be labeled to correspond to location and for identification. The worksheets are part of this contract and shall be provided to the COR the first and last year of the agreement. Annual reports shall be sent electronically, and printed reports shall be provided to the COR.

2.3.2 Required Balance Designations:

NEG - Negative Air Balance POS - Positive Air Balance Neutral - Neutral Air Balance

2.3.3 The Miami VA Healthcare System may change the pressurization requirements of a room for different uses or applications. This does NOT constitute a change to this contract. Changes must be made in writing by the CO.

2.3.4 The Miami VA Healthcare System may require additional rooms to be Tested and Balanced that are not listed in section 2.3.1. This does NOT constitute a change to this contract. Changes must be made in writing by the CO.

2.4 Place of Performance, Work Hours, and Normal Hours of Operation

2.4.1 Miami VA Healthcare System, Bruce W. Carter, 1201 N.W. 16th Street, Miami, Florida 33125, 7:00am to 4:30pm

2.4.1.1 Contractor access will be provided 24 hours a day.

2.4.2 Broward VA Outpatient Clinic (William "Bill" Kling VA Clinic) 9800 W. Commercial Blvd. Sunrise, FL 33351, 8:00am to 4:30pm

2.4.3 Normal hours of operation for Miami VAMC facilities are from 7:30 a.m. to 4:30 p.m., Monday through Friday except Federal Holidays. The following holidays are observed by the Department of Veterans Affairs:

2.4.4 If the holiday falls on a Sunday, the following Monday will be observed as a National holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by the U. S. Government Agencies, and any day specifically declared by the President of the United States of America.

3. Qualification

3.1 Contractor shall have been engaged in testing similar equipment listed in paragraph 2.3 for a minimum of one year (1year).

3.2 The Contractor shall be either a certified member of Associated Air Balance Council (AABC) or certified by the National Environmental Balancing Bureau (NEBB) to perform TAB service for HVAC, water balancing and vibrations and sound testing of equipment and provide documentation of either certification. The TAB agency shall provide a current Controlled Environment Testing Association (CETA) certification.

3.3 Contractor shall provide, upon request, evidence of appropriate training.

4. Quality Assurance

4.1 Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection.

4.2 The QASP and its performance objectives are as follows:

Standard

2.1

5. SECURITY:

The contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The contractor employees shall require intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required.

A flash badge shall be obtained from the VA Facility Human Resource office. The flash badge will be worn while the Contractor employee(s) is on-site and will be returned to the HR office, upon completion of that job.

6. INVOICING:

An itemized invoice shall accompany each service order from the contractor. This invoice must show item number, description, quantity, unit, unit price, and totals for each design (advanced and basic) used. All invoices shall include contract number, purchase/delivery order number and detail of services provided. The itemized invoices submitted for payment through Tungsten shall include the contract number, purchase/delivery order number and detail of services provided. All invoices will be submitted in accordance with these instructions.

VA uses a third-party invoicing provider named Tungsten to provide us with electronic invoices. Please register with Tungsten so you can submit your invoice electronically to us for processing as it is a federal mandate. Contractor will need to go to the Tungsten website http://www.tungsten-network.com/uk/en/ for the registration process.

Invoices will be electronically submitted to the Tungsten website at http://www.tungsten-network.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts.

The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements.

For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov 36C24819Q1265

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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.2 52.216-18 ORDERING (OCT 1995)

(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 date of award through the end of the final ordering 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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C.3 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 $5,000.00, 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 $100,000.00;

(2) Any order for a combination of items in excess of $990,000.00; or

(3) A series of orders from the same ordering office within 3 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 1 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)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 23, 2025.

(End of Clause)

C.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(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 802.101 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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages (VIP) database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “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).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror shall also be eligible at the time of award.

(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. 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.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause)

C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) shall also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553…