36C24823Q1303_1.docx

36C24823Q1303

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C24823Q1303 Leonora Simmons 813-972-7592 07-14-2023 10:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X X 339113 750 Employees N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide products/services in accordance with the SON and the RFQ.

Submit quotes with the following:

Signed Limitation on Sub-Contracting Authorization letter from the Original Equipment Manufacture (OEM).

Must comply with the Buy- American Act.

See applicable Clause See CONTINUATION Page X Leonora Simmons Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 Statement of Work Hospital Beds

A. Background:

The James A. Haley Veterans’ Hospital (JAHVH) Medical Center is located at 13000 Bruce B. Downs Boulevard in Tampa, Florida. Currently, James A. Haley is using specialty hospital beds manufactured by Hill-Rom, a large business. During the last Joint Commission survey in August of 2022, there was a finding concerning rust on the beds being used in the MedSurg areas, and upon subsequent facility inspection it was found that most of the beds had rust present in the framework. All these beds have reached their life expectancy and need to be replaced. Purchasing 65 beds (12 for the Step-Down Critical Care unit and 51 for the MedSurg areas to include 2 Bariatric specialty beds) will ensure compliance with patient safety and equipment standards for Joint Commission compliance.

B. Scope:

The contractor shall provide and furnish all necessary equipment, labor, supervision, tools, and materials to install beds at James A. Haley’ located at 13000 Bruce B. Downs, Tampa, Fl. Beds shall be installed and calibrated as specified with manufacturers’ recommendations.

C. Objective:

This is a brand name only procurement standardize all beds within the Acute Care Service areas for both medical-surgical, critical care, and bariatric patients. To improve safe patient handling for staff, improve outcomes for patients and optimize training and educational needs for how to use these beds throughout all areas. Additionally, these beds must be replaced urgently as rust was identified on the majority of the beds during a Joint Commission Survey, and a significant red finding was issued for noncompliance in accordance with Environment of Care (EOC.02.06.01 EP 26). The beds have also reached the end of their life cycle.

D. Deliverables:

Brand name only- Manufactured by Hill-Rom

1. CENTRELLA SMART+ BED

b. SPECIFIC NEED/SALIENT CHARACTERISTIC’S:

· GCI Touchscreen-Left Side

· Bed Exit Silence

· Brake Not Set Alarm

· One Button Chair

· Battery Backup

· Digital Angle Indicator

· Built in Line and Cord Mgmt

· 4 IV Pole Sockets

· Integrated Restraint Holders

· Lockout Controls

· Drainage Bag Holder

· Smart Bed Ready (Sidecom Req)

· Wi-Fi

· Enhanced 3-Mode Bed Exit

· Motion Activated Nightlight

· Stand Assist

· Advanced Slideguard Feature

· Foley Position Limit

· Patient HOB Angle Display

· Trend/Rev Trendelenburg

· Dampened Emergency CPR

· Patient Storage in Siderail

· Integrated Urinal Holders

· FlexAFoot Powered Bed Extend

2. PROGRESSA ICU BED SYSTEM

b. SPECIFIC NEED/SALIENT CHARACTERISTIC’S:

· Flex-A-Foot Retractable SlideGuard Frame Technology

· 30/45 Degree Head of Bed Alarm

· Night Light

· Hands Free Emergency CPR

· Trendelenburg

· Point of Care Siderail Controls

· Obstacle Detect System

· Drainage Bag Holders

· Four IV Sockets

· Patient Controls Backlighting

· Bed Controls

· Line Manager

· PPM, 3 Level Advanced Bed Exit

· Foot Controls Module

· Oxygen Tank Holder

· Point of Care Touch Screen on Both Sides

· 6" Casters

· Included Options:

· StayInPlace Patient Migration

· English Language Labels

· Voltage: 120

· Power Plug: NEMA5-15P (US)

· Accessory Outlet

· Caregiver Pendant

· with X-Ray Sleeve

· In-Bed Scale

· Dartex Coverlet

· O2 Tank Holder Module 107.95mm and 112.7mm

· Straight Power Cord

· Wireless Connectivity

3. COMPELLA BARIATRIC BED

b. SPECIFIC NEED/SALIENT CHARACTERISTIC’S:

· Powered Width Expansion 40" or 50" (101 or 127 cm)

· Powered Length Adjustment 80" - 88" (203 cm - 224 cm)

· Single Mode Bed Exit

· Digital Head of Bed Indicator and Alert

· Scale

· Battery Backup

· Nightlight

· Integrated Caregiver and Patient Controls

· Slideguard© Technology

· Patient Weight Range 250-1000 lbs (113-454 kg)

· English Language Labels

· Voltage: 120

· Power Plug: NEMA5-15P (US)

· Air Supply Units Display Centimeters/Kilos

· IV Pole

· Straight Power Cord

· Navicare Ready

E. Trade-in:

Upon receipt of the new beds, 65 Hill-Rom Progressa and VersaCare beds will traded in. List will be provided for all the trade-in beds.

F. Delivery specifications:

1. Delivery Date: Contractor shall deliver equipment on 9/01/2023. Late delivery will not be accepted.

2. Address: James A, Haley VA Hospital – 13000 Bruce B Downs, Bldg. 1, Tampa, FL 33612, between 8am to 4:30pm. Delivery during the Holiday will not be accepted.

3. Delivery trucks will not be permitted to remain at the loading dock. Trucks shall be unloaded, moved from the dock, and then brought back to the dock if required to haul out any waste, tools, or excess materials.

4. Labeling of delivered items shall include the awarded contract number and VA purchase order number for identification and reference upon receipt of product.

5. Destination: FOB G. Warranty:

Contractor shall provide manufacturer(s) warranty for quoted equipment. Defective equipment shall be returned at no additional cost to the government.

H. Training:

The vendor shall coordinate through the VA POC to provide a hands-on training session to staff selected by the VA how many employees. Training shall be completed within 2 days after final installation of equipment. The vendor shall record the training and provide an electronic copy of the training to the VA POC for VA to use to train additional personal at a future date. In addition, the vendor shall provide additional training documents to the VA POC for training additional persons at a future date.

I. Biomedical Tech Considerations:

1. Provides operator Manuals and Service Manuals and onsite clinical training on the operation of the beds

2. Hill-Rom provides troubleshooting for Biomed at no additional charge and offers specific OME certification with an additional charge

3. Local service center is within 10 miles of the facility

4. One year manufacturer’s warranty and provide 24/7 service and support

a. Certifications: Hill-Rom, Progressa Smart Bed System, Compella and Compella Bariatric

J. Installation:

1. The vendor is required to manage and coordinate installation at the JAHVH with the VA POC.

2. On-site assembly and installation of items, and performance of services identified in this document shall take place during normal business hours which are defined as 0800 to 1630 (i.e.: 8:00 am to 4:30 pm Eastern Standard Time), Monday through Friday, and excluding Federal Holidays.

3. During the entire duration of assembly and installation, the vendor shall have a competent representative on-site as the vendor’s contact, and to serve as the interface between the vendor and James A. Haley VA Hospital.

4. On-site representative can be the installer. All instructions provided by VA point of contact to the representative will be binding as if given to the vendor’s main contact. The VA point of contact may provide specific instructions, however, only the Contracting Officer may change the terms or conditions of the contract.

J. Contractor Responsibility/Compliance:

1. Contractor is 100% responsible for compliance with all Veterans Administration (VA), local, state, and federal environmental/occupational safety laws, rules and regulations safety requirements (e.g. hard hats, safety vests).

2. The contractor must follow life safety codes and take necessary actions to avoid conditions that may be hazardous to health and safety of hospital personnel and patients.

3. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working processes to include all upgrades/updates. All work for the duration of the contract must be performed by factory certified technicians.

4. The project may be an active construction site during delivery and unpacking of equipment.

5. The vendor shall assume responsibility for taking precautions for the vendor's (and associated subcontractors’) employees, agents, licensees, and permittees.

6. Contractor shall unload the equipment from the truck and deliver to specific areas designated by VA’s point of contact.

7. Uncrating / unboxing the equipment shall be coordinated with POC and Warehouse staff at the specific location.

8. The removal of waste and/or excess material shall be conducted through the loading dock area. It is the contractor’s responsible to dispose used crate or boxes and cleaning up areas.

9. There is no area or dumpster available for disposal of waste and materials.

10. Any damage to walls/floors upon delivery of equipment shall be repaired and return to its original condition at no charge to the government.

11. Contractor shall communicate through the VA POC any required coordination requirements.

12. Contractor shall abide by all rules and regulations set forth by the JAHVH due to the Coronavirus (COVID-19) and have their own personal protective equipment (PPE) in use for the time they are on the JAHVH campus grounds.

K. Contractor Employee Identification:

1. Contractor employees must be clearly identified as contractors (not VA employees) when performing services under this contract. This includes visual (appearance), verbal (phone), and electronic (email).

2. The contractor must provide all employees with a contractor identification (ID) badge at the contractor’s expense prior to performing work under this contract.

3.. Contractor employees are required to always display badges when performing services under this contract.

4. Employees released from service by the contractor must have their badge collected by the contractor.

5. All badges must contain an expiration date and photograph of the employee.

6. All contractor employees must also be required to wear VA issued badges and must always display badges while in the performance of this contract and/or as instructed by the VA point of contact.

7. The contractor supervisor must ensure that all contractor employees display their VA issued badges.

8. The contractor supervisor must be responsible for managing all VA issued badges provided to contractor employees and immediately collect these badges from employees no longer working on the contract.

L. Contractor Employee Conduct:

1. The contractor is completely responsible for all actions and conduct of their employees.

2. Contractor employees must be well-groomed and neat in appearance.

3. Contract employees must be professional in attire and must not wear any offensive clothing.

4. Contractor employees must conduct themselves in a socially acceptable manner appropriate for an office work environment.

5. Loudness, vulgarity, rudeness, or other similar offensive conduct by a contractor employee may be grounds for denying the employee further access to VA premises.

6. Contractor employees must not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract.

B.2 PRICE/COST SCHEDULE

Progressa Base Frame PRINCIPAL NAICS CODE: 339113 - Surgical Appliance and Supplies Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): PRO-BASE

Advanced Microclimate Surface

Rotation

MANUFACTURER PART NUMBER (MPN): PRO-RT

Percussion & Vibration

MANUFACTURER PART NUMBER (MPN): PRO-PV

Chair Egress Position

MANUFACTURER PART NUMBER (MPN): PRO-CE

Patient Migration Mgmt

MANUFACTURER PART NUMBER (MPN): PRO-PMMS

Nurse Call, Univ TV & Lighting

MANUFACTURER PART NUMBER (MPN): PRO-NU

Intellidrive with 6" Casters

MANUFACTURER PART NUMBER (MPN): PRO-ID

Permanent IV Pole Left Side

MANUFACTURER PART NUMBER (MPN): PRO-LH

Base Bed

MANUFACTURER PART NUMBER (MPN): CNT-BASE

CNT-255 Bed

MANUFACTURER PART NUMBER (MPN): CNT-PAK255

Nurse Call, UTV, Lighting

MANUFACTURER PART NUMBER (MPN): CNT-NUL

5th Wheel Steering

MANUFACTURER PART NUMBER (MPN): CNT-5W

PRO Surface For 36" Frame

MANUFACTURER PART NUMBER (MPN): CNT-PRO36

SafeViewr+ with IllumiGuider

MANUFACTURER PART NUMBER (MPN): CNT-SV

Second LCD Touchscreen

MANUFACTURER PART NUMBER (MPN): CNT-2LCD

Patient Helper Bracket

MANUFACTURER PART NUMBER (MPN): CNT-PHB

OSI Patient Helper Sleeve

MANUFACTURER PART NUMBER (MPN): CNT-OSI

Compella Base Frame

MANUFACTURER PART NUMBER (MPN): CNN-BASE

Low Air Loss Surface

MANUFACTURER PART NUMBER (MPN): CBB-TURN

Continuous Lateral Rotation

MANUFACTURER PART NUMBER (MPN): CBB-CLRT

IntellidriveXL with 6" Casters

MANUFACTURER PART NUMBER (MPN): CBB-ID

PPM,3 Level Adv Bed Exit Alarm

MANUFACTURER PART NUMBER (MPN): CBB-PPM

Bed Exit Signal

MANUFACTURER PART NUMBER (MPN): CBB-NSC

Patient Helper

MANUFACTURER PART NUMBER (MPN): CBB-PH

Pendant

MANUFACTURER PART NUMBER (MPN): CBB-PNT

B.4 DELIVERY SCHEDULE

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

(813) 972-2000 x3721 Dionne.Hogan@va.gov

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

13000 Bruce B. Downs Blvd., Tampa, Florida 33612 Logistics Service Tampa, FL 33612

USA

36C24823Q1303

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(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 at https://www.vetbiz.va.gov/vip/; 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 parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

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

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

(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 multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 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 comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not 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 for contract performance, excluding the cost of materials, 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 supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture 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. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.2 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

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

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

(i) [ ] 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 VIPlisted SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(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. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

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

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

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and (iii) Prosecution for violating section 1001 of title 18. (b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

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

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

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

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.4 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with regulations of carriers as applicable to the mode of transportation.

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and 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. (NOV 2021) (31 U.S.C. 6101 note).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (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.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (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.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (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 (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (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 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (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 (OCT 2022) (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 (OCT 2022) (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) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (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.

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

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

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

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

[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C.