36C24820Q1285.docx

Moving Service

RFQ: 36C24820Q1285

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6 in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This combined synopsis/solicitation is issued as a Request for Quote (RFQ) 36C24820Q1285.

Submit written quotes in accordance with Addendum to FAR 52.212-1, Instruction to Offerors outlined in this solicitation. Oral quotes will not be accepted. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC_2020-07 / 08-03-2020. North American Industrial Classification Standard (NAICS) 484210, Used Household and Office Goods Moving, with a Size Standard of $30 Million, applies to this procurement.

Bruce W. Carter, Miami VA Healthcare System intends to award a single firm fixed price contract, with base plus four (4) one-year options. This contract is for Moving Services.

This procurement is a 100% Total Service-Disabled Veteran Owned Small Business (SDVOSB) Set-Aside and all eligible quoters are encouraged to submit quotes. To be eligible for award quoter must be Verified in the Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov) and be registered with the System for Award Management (SAM) at the time of the close of the RFQ and at the time of award.

1. Quote shall be valid 120 days from the close of this solicitation.

2. Questions: Please submit no later than Friday, August 21, 2020 by 10:00 AM ET. Submit questions to: william.bridger@va.gov The Government reserves the right not to respond to questions, submitted after the allotted time.

3. Quotes are due no later than August 31, 2020, 10:00 AM ET. Quotes will only be accepted in Microsoft Word or .pdf format via email to the: Contracting Officer W. Lance Bridger, at william.bridger@va.gov.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY]

4. GOVERNMENT INVOICES: All invoices from the contractor shall be submitted electronically per 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) enclosed in section C of this document. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

a. Under this contract, unless otherwise delegated in writing to the Contracting Officer’s Representative (COR), the Contracting Officer is the only person authorized to approve changes or modify any of the requirements. The contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes which 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 costs incurred as a result thereof. The Contracting Officer is responsible for the overall administration of the contract.

b. Representatives of Contracting Officers in accordance with VAAR 852.270-1, January 2008: The Contracting Officer reserves the right to designate representative(s) to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation shall be furnished to the contractor.

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

AMENDMENT NO DATE

B.2 PRICE SCHEDULE

BASE PERIOD (Period of Performance - 12 Months)

- furniture moving, installation/de-installation, and reconfiguration

- shall provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

TOTAL

OPTION 1 (Period of Performance - 12 Months)

- furniture moving, installation/de-installation, and reconfiguration

- shall provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

TOTAL

OPTION 2 (Period of Performance - 12 Months)

- furniture moving, installation/de-installation, and reconfiguration

- shall provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

TOTAL

OPTION 3 (Period of Performance - 12 Months)

- furniture moving, installation/de-installation, and reconfiguration

- shall provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

TOTAL

OPTION 4 (Period of Performance - 12 Months)

- furniture moving, installation/de-installation, and reconfiguration

- shall provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

TOTAL

GRAND TOTAL

B.3 Performance Work Statement

1.0 Introduction.

1.1 The Government requires moving services in support of the Miami VA Healthcare System (MVAHS), Engineering/Interior Design Service.

2.0. Description / Scope / Objective.

2.1. The Contractor shall provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

3.0. Applicable Documents.

3.1. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

3.2. Glossary. Acronyms used in this PWS are listed below for easy reference:

4.0. Performance Requirements.

4.1. The contractor shall provide: complete moving services inclusive of furniture installation, reconfiguration or installation/de-installation, repairs, upholstery, hanging of items, and cleaning which in some cases will include detailed blueprints or AutoCAD installation drawings as directed by the Government with no supervision by the Government of any items and any other moving related services for the convenience of the Government. All moving services shall be guaranteed by the contractor for the complete and proper installation to include placement for the intended use of the item or items.

4.1.1. Some of the items may include but not be limited to: installation derived from floor plans/elevations or sketches provided by the Government, new and used free standing furniture, wall mounted and diverse modular/systems furniture, reconfiguration, relocation, reupholstering and cleaning furniture.

4.2. The Contractor shall install existing and new modular and freestanding office/clinical furniture, workstations, keyboard trays, chairs, art work, accessories, and recycled workstations. The installation team should be knowledgeable of ergonomics, body mechanics, and proper adjustments. The installation team will work once a week with the Government on specific ergonomic furniture cases throughout the main facility and other possible clinics within the healthcare system. The Contractor shall pick up any items designated from a Government facility location and deliver to other Government facilities as required by the Government and work in any facility within the healthcare system (locations available upon request).

4.2.1. The contractor shall attach, affix and bolt in place furniture both free standing, floor, and wall mounted. All items shall be installed per the manufacturer’s instructions. The Government may supply all toggle bolts and L brackets, if needed. Contractor shall ensure that all items and elements of the installation are secured to the wall, in a safe fashion, and carefully arranged. Contractor may be required to install window treatment and cubicle curtain tracks.

4.2.2. The Contractor shall install the electrical connections within the systems panels and the installation of system power poles or base feeds. The contractor shall communicate i prior to the need of an electrician on site to work in conjunction with his/her team of installers.

4.2.3. Contractor shall supply all labor and necessary equipment for transporting furniture and equipment from one destination to another and the truck will have proper lifts that can be used at various warehouse docks and interior strap supports inside the truck to ensure safe transportation of all items.

4.2.4. The contractor shall adapt as necessary to any Government drawings, specifications, or standards that may be provided for areas and other structures to meet the requirements of the project.

4.3. Prior to performance of any project/task the contractor shall furnish a quote per the price/cost schedule to include project being performed on and itemized breakdown thereof for a possible awarded task order.

4.4. The contractor shall ensure all pieces and parts are sufficient and adequate for any given installation.

4.5. The contractor shall bear the expense and be responsible for any supplies required for the proper movement of any items to include but not be limited to boxes, tools, dolly’s, flatbeds, delivery trucks, and any personnel thereof. Upon completion of any performance there shall be no debris or dust left after any services.

4.6. If there is a need for any connectivity of lines to include electric, cabling, phone, IT the contractor shall be ready and available to discuss the details for said connections.

4.7. A daily log of work will be kept by the contractor for submission to the Government upon request.

4.8. Upon completion of any job a walk-thru and grade may be conducted verifying the contractor’s performance.

4.8.1. The contractor shall clean up all debris at the end of each workday generated by any given action. The contractor shall wipe and clean all furniture after the installations are completed. Absolutely no debris is allowed after any installations are completed. All generated dust produced by drilling, screwing or hammering surfaces or walls should be clean and vacuumed with no trace of dirt and/or debris. Areas shall be left completely functional after an installation and ready for the Government move into the area.

4.9. Uniforms shall include long pants and shirts identifying the contractor.

4.10. All work shall be performed in compliance any legal or otherwise doctrine. The contractor shall be familiar with the following entities within the healthcare field: JCHAO (www.jointcommission.org), OSHA (www.osha.gov), HIPPA (www.hhs.gov), Miami VA Healthcare System (www.miami.va.gov), Applicable building codes, VA Office of Health and Safety (OHS), Construction, Infection Control Risk Assessment Memorandum, Department of Veterans Affairs Design Manual, and the National Fire Protection Code.

4.11. All computer and sensitive electronic equipment will be moved and reinstalled by the Government. All final electrical connections and disconnects will be done by the Government.

4.12. The contractor shall only move items that are labeled and sealed identifying the location with room number to include the name of the future destination.

4.13. REQUIRED CHECK IN: The Contractor shall check in with the COR (Contracting Officers Representative (area available upon request), prior to commencing work, on a daily basis. All Contractor personnel shall present his staff in uniform, be neat, and presentable with visible Contractor Badge while working on any Government property.

4.13.1. A daily report shall be submitted to the Government indicating the work performance and progress of any projects inclusive of an itemization of time spent.

4.14. DAMAGE OR MIS-INSTALLATION BY CONTRACTOR: The contractor shall be completely responsible for any damages that result from improper installation or handling of Government owned items. All damaged items shall be replaced for the actual replacement cost. Any incorrect installation shall be re-worked at the expense of the Contractor.

4.15. CLEANING: When required the contractor shall do upholstery and cleaning of items. The contractor shall provide any supplies or equipment required to include any biodegradable-cleaning solutions as needed to perform.

4.16. RELOCATION – The Contractor shall disassemble, relocate and reassemble workstations. Relocation shall also include freestanding and modular furniture, accessories and boxed items.

4.17. RECONFIGURATION – The Contractor shall disassemble and reconfigure workstations as directed. Any items not used in the reconfiguration upon approval of the Government will be transported to a satellite warehouse (available upon request); items that are no longer serviceable or usable will be transported to the scrap area (available upon request).

4.18. REPAIRS AND MODIFICATIONS – The Contractor shall perform minor repairs and/or modifications to existing workstations. Repairs include but are not limited to tightening loose modular panels, repairing sticking keyboard trays, desk drawers out of alignment, glides in filing cabinets and tables.

4.19. DISASSEMBLY – The contractor shall disassemble items inclusive of: office furniture, workstations, clinical workstations, waiting area furniture, and transport items to other locations as directed by the Government.

4.20. SAFETY - The contractor shall be responsible for providing and wearing all safety equipment required in the performance of the contract. The Contractor shall also take all required precautions with regard to fire and safety issues. All electrical cords used in the performance of the contract will be inspected and maintained to ensure integrity and proper grounding. The Contractor shall take such safety precautions to reasonably protect the lives and health of occupants of the building. The Contracting Officer and/or COR shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the Contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken.

4.21. TRANSPORTATION – The contractor shall provide the appropriate size truck for the transportation of furniture as required for the specific job. The contractor shall be required to move items between the main facility and off site (CBOC’s, Vet Centers and Satellite warehouses) or between any areas using a Contractor provided truck.

4.22. The COR will provide the Contractor with a checklist identifying all work to be performed and inspected daily. All work shall be completed by the contractor and inspected by the contractor designee then submitted to the COR and signed by both parties for Government record.

4.22.1. Checklist – The COR will identify deficiencies in the quality of services performed. This documentation will be made available to the Contracting Officer upon request.

4.22.1. Re-Work – As a result of the checklist any deficiencies found shall be completed within three (3) days of the original work performed at the contractor’s expense.

5.0. Performance Location and Hours.

5.1. Primary place of performance is the Bruce W. Carter, Miami VA Medical Center, 1201 16th Street, Miami, Florida, 33125. Other facility locations and working spaces will be available upon request by the Government.

5.2. Government normal duty hours are 0730-1630, Monday through Friday, excluding Federal holidays. Contractor access will be provided during this time period. Government estimate for this work requires a level of effort approximately equal to 160 hours per month.

6.0. Deliverables.

6.1. The contractor shall furnish all performance records to the Government upon completion of any and all tasks which shall remain the property of the Government.

7.0. Key Personnel Replacement and Substitution.

7.1. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented.

The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

7.

7.2. The Contractor shall replace any absent individual for any period greater than one workday to leave a full complement of trained qualified personnel at all times with no disruption of services.

8.0. Contractor Personnel and Management.

8.1. Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

8.2. Contractor Badges. Notwithstanding the requirement to wear a Government furnished badge, Contractor personnel shall wear a laminated contractor identification badge at all times when performing services under this Contract, including when on Government directed travel The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

8.3. All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

8.4. Safety/Security Requirements. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

8.5. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

8.6. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

8.7. Standards of conduct

8.7.1. Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

8.7.2. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

8.7.3. Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

8.7.4 The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

9. TRAVEL. Not applicable.

10. NON-PERSONAL SERVICE STATEMENT.

10.1. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

11. PERSONNEL QUALIFICATIONS.

11.1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner. The normal manner of dress is business casual.

11.2. Specific Personnel Qualifications Requirements –Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum:

11.2.1. Authorized to work in the United States.

11.2.2. Must be able to obtain a station clearance prior to commencing work at the site.

12. PERFORMANCE STANDARDS AND QUALITY MEASUREMENT.

12.1.1. 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.

12.2 The QASP and its performance objectives are as follows:

Standard

4.

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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 52.252-2 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):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

52.204-19

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposed by added the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the options(s).

“NOTE: The specified rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.”

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.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 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 802.101, 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 part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.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 eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(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 must also be eligible at the time of award.

(d) Agreement. 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 FAR 52.219-6, VAAR 852.219-10 and VAAR 852.219-11.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. 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) must 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) (End of Addendum to 52.212-4)

C.7 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

_x_ 852.203-70, Commercial Advertising.

___ 852.209-70, Organizational Conflicts of Interest.

___ 852.211-70, Equipment Operation and Maintenance Manuals.

___ 852.214-71, Restrictions on Alternate Item(s).

___ 852.214-72, Alternate Item(s). [Note: this is a fillable clause.] ___ 852.214-73, Alternate Packaging and Packing.

___ 852.214-74, Marking of Bid Samples.

___ 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

___ 852.215-71, Evaluation Factor Commitments.

___ 852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___ 852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___ 852.216-73, Economic Price Adjustment—State Nursing Home Care for Veterans.

___ 852.216-74, Economic Price Adjustment—Medicaid Labor Rates.

___ 852.216-75, Economic Price Adjustment—Fuel Surcharge.

___ 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements.

___ 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

___ 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

___ 852.222-70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

___ 852.228-70, Bond Premium Adjustment.

___ 852.228-71, Indemnification and Insurance.

___ 852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

_x_ 852.232-72, Electronic Submission of Payment Requests.

___ 852.233-70, Protest Content/Alternative Dispute Resolution.

___ 852.233-71, Alternate Protest Procedure.

___ 852.237-70, Indemnification and Medical Liability Insurance.

___ 852.246-71,Rejected Goods.

___ 852.246-72, Frozen Processed Foods.

___ 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

___ 852.270-1, Representatives of Contracting Officers.

___ 852.271-72, Time Spent by Counselee in Counseling Process.

___ 852.271-73, Use and Publication of Counseling Results.

___ 852.271-74, Inspection.

___ 852.271-75, Extension of Contract Period.

___ 852.273-70, Late Offers.

___ 852.273-71, Alternative Negotiation Techniques.

___ 852.273-72, Alternative Evaluation.

___ 852.273-73, Evaluation—Health-Care Resources.

___ 852.273-74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

_x_ 852.237-74, Nondiscrimination in Service Delivery.

(End of clause)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 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) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

[] (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 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the Quoter elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 2017) of 52.219-9.

[] (v) Alternate IV (AUG 2018) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[x] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 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 (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (OCT 2019) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

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

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(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)).