36C24821Q0534 COMBINED SYNOPSIS SOLICITATION.pdf

COMBINED SYNOPSIS/SOLICITATION 36C24821Q0534

General Information

Action Code: Combined Synopsis Solicitation

Document Type: RFQ

RFQ Number: 36C24821Q0534

Posted Date: February 19, 2021

Response Date: February 26, 2021

Classification Code: N047

Set Aside: SDVOSB

NAICS Code: 238220

Contracting Office Address

NCO 8

ATTN: Matthew Lucas Department of Veterans Affairs Network Contracting Office (NCO) 8 Construction Team 2 8875 Hidden River Pkwy.

Suite 560, Room A515 Tampa, FL 33637

Description

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 separate written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition (FAC) FAC 2021‐03, 2/16/2021 Offerors must be registered in System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract, registration in the record must be complete and not missing elements such as representations and certifications. Also, if you are a Service Disabled Veteran Owned Business (SDVOSB) ensure your business is registered in VIP (Vendor Information Pages) at https://www.vip.vetbiz.va.gov. Unregistered SDVOSB vendors in VIP at time of RFQ due date and time will then be considered small business if appropriately registered in SAM. This requirement is a 100% SDVOSB set‐aside requirement.

The associated North American Industrial Classification System (NAICS) code for this procurement is 238220 with a small business size standard of $16.5M.

The Network Contracting Office 8 intends to award a fixed price contract for expedited services for the removal and then installation of Government owned steam generator equipment in accordance with the statement of work. Services are required at the Lee County Healthcare Center, Cape Coral, FL, located at 2489 Diplomat Parkway East, Cape Coral, FL 33909. This is an expedited requirement/ installation as this is presently impacting our sterile processing service.

The Lee County Healthcare Center (LCHCC) is a smoke free facility. Contractors, in order to enter the LCHCC campus you must have picture ID. All contractors are required to wear a face covering (covering nose and mouth per CDC guidelines) while on property. All Contractors will be screened at the entrance of the property. A series of questions will be asked, and temperature taken.

While working on the Medical Center Property (both inside and outside the Medical Center) the contractor will be responsible to wear a face covering at all times. PPE is not provided. Attachment D shows proper PPE attire.

An organized site visit is scheduled for Tuesday, February 23 @ 10:00 AM(EST). Interested contractors shall meet at 10:00 AM EST, at the check in desk at the Lee County Healthcare Center, Cape Coral, FL, located at 2489 Diplomat Parkway East, Cape Coral, FL 33909. Scott Rogowski the COR will be at the desk. Arrive well ahead of time.

Please notify the Contracting Officer via e‐mail of your firm’s intent on coming to the site visit by 4:00 PM, February 22, 2021. The Government requests that parties be limited to prime representative and key subcontractors. Please be cognizant of your whereabouts when entering the building to keep noise to a minimum.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to matthew.lucas2@va.gov

Questions must be received no later than Tuesday, February 24, 2021 at 9:30 AM. No further questions will be accepted after that date and time.

You are reminded that representatives from your company SHALL NOT contact any Lee County or Bay Pines personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer.

INSTRUCTIONS TO QUOTERS

Submitting your quote. Submit your company’s quote via e‐mail utilizing either PDF or Word formats (8 Megabyte File Size Limitation).

Terms and content of your quote. Your quote must be based on the terms of this RFQ. We may reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below or the quote may be determined non‐responsive.

Information to be submitted.

Put the following information on the first page of your quote:

RFQ Number:______________________________ CONTRACTOR ________________________________________ (Contractor’s Name) ADDRESS ________________________________________(Street) ________________________________________ (City‐State‐Zip) POINT OF CONTACT ________________________________________ (Name/Title)

PHONE NO. ________________________________________

E‐MAIL ________________________________________

DUNS NUMBER ________________________________________

Beginning on the second page of your quote, provide the following information in the following order:

1. All quotes shall include a statement regarding the terms and conditions herein as follows:

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

OR

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

Quoter shall list exception(s) and rationale for the exception(s).

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

AMENDMENT NO DATE

Add rows as needed.

The above amendment section must be filled‐out in the event that an Amendment(s) is sent to the offeror or posted to https://beta.sam.gov/ and must be returned with the RFQ package.

Failure to acknowledge amendment(s) may constitute the rejection of the quote.

3. Offerors must provide Pricing information via Attachment 1 Price Schedule.

4. Offerors must provide a signed Attachment C, Limitation on Subcontracting Certification with their quote.

5. 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 Items.” If paragraph (j) of the provision is applicable, a written submission is required.

Per FAR 13.106‐2 ‐‐ Evaluation of Quotations:

The Government intends to award a contract as a result of this Request for Quote to the responsible offeror whose offer conforms to the RFQ requirements. A comparative evaluation of the quotes will be made in accordance with FAR 13.106‐2(b). Offerors must be determined responsible according to the standards of FAR Part 9 to be eligible for award.

VA will select the quote that represents the best benefit to the Government to fulfill the requirement based on the judgment of the contracting officer and VA users.

a) The contracting officer will read all of the quotes.

b) Quotes deemed too expensive or not practical for VA will not be considered further and without notice to the submitter.

c) VA will compare quotes against each other in an impartial and simplified manner based on FAR part 13. Source selection techniques described in FAR part 15 will not be used.

d) VA may ask questions to one or more quoters but is not obligated to do so.

e) The Government may reject all quotes.

f) The contracting officer and VA users may use any means available to examine the past performance.

g) VA may discuss price or price discounts with the one or more submitters before awarding an order or rejecting all quotes.

Comparative Assessment

Means and Methods Statement The Quoter shall develop and provide Means and Methods Statement. The statement will likely contain a description of the work to be completed along with equipment and tools to be used. List all the tasks or processes to finish the installation work. Identify how your firm will minimize impact to the facilities SPS operations during the installation. Identify what the hazards that may cause potential harm to workers and what will be done to minimize those hazards.

Response Time The quoter shall provide brief narrative how the firm intends on meeting the period of performance expectations to this expedited installation requirement.

Past Performance The quoter shall provide two recent references demonstrating successful boiler or steam generator installation services in the commercial or Government sector. Provide points of contacts for verification of reference. Recent is defined as within the last three years.

Price Schedule Complete Pricing Schedule, See Attachment 1 “Price Schedule”.

Vendors shall provide a minimum quote acceptance period of 90 days after RFQ closing for offers.

Award and documentation will be in accordance with FAR Part 13.106‐3.

The following website shall be consulted for the most recent Wage Grade Determination for these services: https://beta.sam.gov/

Current Wage Determination is No.: 2015‐4529 Revision No.: 12 Date Of Last Revision: 12/21/2020

LIST OF ATTACHMENTS:

Attachment 1 – Price Schedule Attachment 2 – Statement Of Work Attachment A – Wage Determination Attachment B – New Vendor Form Attachment C – Limitations on Subcontracting Certification Attachment D – Mask Specification

DRAWINGS:

H001 LEGEND, GENERAL NOTES _ SHEET INDEX ‐ HVAC.

H401 PARTIAL FIRST FLOOR CEP PLAN.

H703 HVAC RISER DIAGRAMS ‐ HEATING HOT WATER.

H705 HOT WATER SCHEMATIC.

H803 CONTROLS ‐ HVAC.

HP101‐A PARTIAL FLOOR PLAN LEVEL 1 ‐ AREA A ‐ PIPING.

P602 PLUMBING DETAILS.

Quotes are due by 10:00 AM Eastern on February 26, 2021. Quotes received after this date and time will be considered late. Quotes shall be submitted via email to matthew.lucas2@va.gov.

Price Schedule See Attachment 1 Price Schedule

Statement of Work See Attachment 2 Statement of Work

Provision at 52.212‐1 (JUN 2020) Instructions to Offerors‐Commercial, applies to this acquisition.

Quotes are to include a completed copy of the provision 52.212‐3 (FEB 2021), Offeror Representations and Certifications‐Commercial Items, with its offer.

52.212‐4 CONTRACT TERMS AND CONDITIONS‐COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post‐acceptance rights‐

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233‐1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202‐1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include‐

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management, or 52.232‐34, Payment by Electronic Funds Transfer‐Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.‐

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212‐5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall‐

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the‐

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six‐month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607‐2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on‐

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608‐2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212‐5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti‐Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click‐wrap” or “browse‐wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

The following clauses and provisions are additional contract requirements.

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/

FAR Clauses Incorporated By Reference:

52.203‐16 Preventing Personal Conflicts of Interest (DEC 2011) 52.203‐17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204‐9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204‐13 System for Award Management Maintenance (OCT 2018) 52.204‐18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.212‐4 Contract Terms and Conditions‐ Commercial Items (OCT 2018) 52.232‐39 Unenforceability of Unauthorized obligations 52.233‐1 Disputes

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors 52.233‐4 Applicable Law for Breach of Contract Claim 52.247‐34 F.O.B Destination

852.242‐71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

Clauses Incorporated By Full Text

52.237‐2 ‐ Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause)

52.246‐4 ‐‐ Inspection of Services ‐‐ Fixed‐Price (Aug. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may ‐‐

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may ‐‐

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

852.204‐70 Personal Identity Verification of Contractor Personnel.

As prescribed in 804.1303, insert the following clause:

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

852.212‐70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020)

X 852.203‐70, Commercial Advertising.

X 852.209‐70, Organizational Conflicts of Interest.

X 852.232‐72, Electronic Submission of Payment Requests.

X 852.233‐70, Protest Content/Alternative Dispute Resolution.

X 852.233‐71, Alternate Protest Procedure.

X 852.270‐1, Representatives of Contracting Officers.

X 852.273‐70, Late Offers.

X 852.273‐74, Award without Exchanges.

X 852.237‐74, Nondiscrimination in Service Delivery.

852.219‐10 VA NOTICE OF TOTAL SERVICE‐DISABLED VETERAN‐OWNED SMALL BUSINESS SET‐ASIDE

(NOV 2020) (DEVIATION)

VA NOTICE OF TOTAL SERVICE‐DISABLED VETERAN‐OWNED SMALL BUSINESS SET‐ASIDE (NOV 2020)

(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service‐disabled Veteran‐owned small business concern or SDVOSB:”

(1) Means a small business concern—

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

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database; 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, 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 unless otherwise stated in this clause.

(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).

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

(4) The term “small business concern owned and controlled by Veterans with service‐connected disabilities” has the meaning given the term “small business concern owned and controlled by service‐ disabled Veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) above).

(b) General.

(1) Offers are solicited only from VIP‐listed SDVOSBs. Offers received from entities that are not VIP‐listed SDVOSBs at the time of offer shall not be considered.

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP‐listed SDVOSBs are considered eligible to receive award of a resulting contract. 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.

(d) Agreement. When awarded a contract action, including orders under multiple‐award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non‐manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, a requirement in 13

CFR part 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP‐listed SDVOSB.

For the purpose of limitations on subcontracting, only VIP‐listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to 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 non‐ manufacturer 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 non‐manufacturer, 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) has been 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 construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime may be paid to firms that are not VIP‐listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP‐listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For contracts referenced in (d)(2), (3), and (4) the cost of materials is excluded and are not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small businesses do not provide them. For additional information and more specific requirements on the limitations on subcontracting, refer to 13 CFR 125.6.

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

[Contracting Officer check as appropriate.]

___x__By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

_____By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to 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.

(g) Precedence. Any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program takes precedence.

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

(End of Clause)

852.219‐74 Limitations on Subcontracting—Monitoring and Compliance (JUL 2018)

(a) This solicitation includes 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 4 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.

852.242‐71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

(End of Addendum to 52.212‐4)

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders‐‐ Commercial Items (JAN 2021)

(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 Kapersky 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 2020) 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:

[Contracting Officer check as appropriate.]

[ ] (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), 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 (JUN 2020) (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).

[ X ] (4) 52.204‐10, Reporting Executive Compensation & First‐Tier Subcontract Awards (JUN 2020) (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).

[X] (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219‐3

[ ] (12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)

[ ] (ii) Alternate I (MAR 2020) of 52.219‐4

[ ] (13) [Reserved]

[ ] (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219‐6. (

[ ] (15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219‐7.

[ ] (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 (JUN 2020) (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 (JUN 2020) of 52.219‐9. (When contract action will not be reported in FPDS pursuant to 4.606(c)(5) or (c)(6)

[ ] (v) Alternate IV (JUN 2020) of 52.219‐9. (Incorporating a plan due to a modification as provided for in 19.702(a)(3)

[ ] (18)(i) 52.219‐13, Notice of Set‐Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219‐13

[ ] (19) 52.219‐14, Limitations on Subcontracting (MAR 2020) (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)).

[ ] (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (MAR 2020) (15 U.S.C. 657 f).

[ ] (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C.

632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219‐28

[ ] (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m))

[ ] (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219‐33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

[ X ] (27) 52.222‐3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (28) 52.222‐19, Child Labor‐‐Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[ ] (29) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

[X ] (30)(i) 52.222‐26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[ ] (31)(i) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

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

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

[ ] (33) 52.222‐37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Use when 52.222‐35 is included)

[ ] (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496)

[X] (35)(i) 52.222‐50, Combating Trafficking in Persons (OCT 2020) (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).

[ ] (36) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

[ ] (37)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Products (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

[ ] (ii) Alternate I (MAY 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)).

[ ] (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). (See 23.804(a))

[ ] (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223‐13. [ ] (41)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O. 13423 and 13514).

[ ] (ii) Alternate I (JUN 2014) of 52.223‐14 (May use when there are sufficient EPEAT® silver‐ or gold‐ registered products available to meet agency needs)

[ ] (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[ ] (43)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (JUN 2014) of 52.223‐16. (May use when there are sufficient EPEAT® silver‐ or gold‐ registered products available to meet agency needs)

[ X ] (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

[ ] (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

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

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

[ ] (48) 52.225‐1, Buy American‐‐Supplies (JAN 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (JAN 2021)

[ ] (ii) Alternate I (MAY 2014) of 52.225‐3.

[ ] (i) Alternate II (MAY 2014) of 52.225‐3.

[ ] (ii) Alternate III (MAY 2014)of 52.225‐3.

[ ] (50) 52.225‐5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (Do not check box.

[ X ] (51) 52.225‐13, Restrictions on Certain Foreign Purchases (JUN 2008)

[ ] (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note

[ ] (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (NOV 2007) (42 U.S.C. 5150) (Solicitations and contracts involving local area set‐asides, see 26.202‐1)

[ ] (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150) [ ] (55) 52.229‐12, Tax on Certain Foreign Procurements (JUN 2020)

[ ] (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (57) 52.232‐30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f). in accordance with agency procedures, see 32.206(g))

[X] (58) 52.232‐33, Payment by Electronic Funds Transfer ‐ System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (59) 52.232‐34, Payment by Electronic Funds Transfer ‐ Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

[ ] (60)…