36C24824Q0206_1.docx

36C24824Q0206

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

485-24-1-533-0006 36C24824Q0206 11-08-2023 Leonora Simmons 813-972-7592 11-17-2023 10:00

EST

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X X Y 334310 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 The Contract shall provide quote in accordance with the Statement of Need (SON) and the RFQ.

Signed Limitation of sub-contracting (LOS) and authorization letter from the Original Manufacturer must be submitted along with the quote using the Price/Cost/Schedule.

Incomplete quote is not acceptable.

See CONTINUATION Page x 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:

Page 1 of

STATEMENT OF NEED

VISN 8 CONFERENCE ROOMS

GENERAL: VISN 8 Network Office, 8900 Grand Oak Cir, Tampa, Florida 33637, has a requirement for new conference rooms and Audio/Visual equipment.

BACKGROUND

The VISN 8 Network Office recently moved from St. Petersburg to Tampa. The new conference rooms will require new equipment, cables, and accessories need to complete the project.

SCOPE OF NEED:

1. The Contractor shall provide equipment listed below that allows VISN staff the ability to use all equipment in a seamless and user-friendly fashion at the new VISN 8 Network Office.

2. The Contractor shall provide all equipment (Brand name or Equal) as outlined within Section #14 below. This includes display monitors, touchscreen control panels, web cameras, wireless keyboards and mouse, and credenzas. Display monitors and control panels will require new electrical outlets for power and new data ports for connectivity to the system.

4. The Contractor shall provide all cabling including Category (CAT) 6 wiring. All cables and related terminations, support and grounding hardware shall be furnished, installed, wired, tested, and labeled by the Contractor.

5. All equipment shall be delivered, installed, configured, tested, and fully operational NLT 120 calendar days after award.

6. Upon completion, the Contractor shall provide a system/configuration diagram.

7. The Contractor must have the ability to support the system and training requirements as outlined within this Statement of Need.

9. The contractor shall be available 24/7 for support by phone or email.

11. The contractor shall test all equipment for government review and acceptance.

13. Normal government working hours are Monday through Friday, 8:00 a.m. – 4:30 p.m. (excluding holidays observed by the Federal Government). Holidays observed by the Federal Government are as follows:

14. Contractor shall provide the following equipment:

14.2 Network Director’s Conference Room – Room # 329A (48’x18’)

a. Provide three 75” TV monitors (brand name or equal). Two shall be flush mounted, side by side and centered, on the West wall. The other TV monitor shall be flush mounted and centered on the North wall with articulating arm wall mount.

b. Monitors shall have both duplicate display and two independent display options. For example, the capability to display at least two different cable television channels simultaneously (e.g., news and weather) on different display monitors. Additionally, the capability to display at least two different inputs simultaneously (e.g., computer and cable television) on the different display monitors.

c. Provide two streaming devices (brand name or equal) for displaying wireless content.

d. Provide 8 ceiling speakers and 2 beam ceiling mics (brand name or equal). Provide the capability to have a minimum of two secondary audio inputs to allow for more than one simultaneous audio connection (e.g., integrated audio from MS Teams and YouTube at the same time).

e. Provide an HDMI outlet for extending the display from a laptop.

f. Provide a wired control panel. The control panel shall provide an intuitive method to control all functionalities of the conference room equipment. The control panel shall be connected from below and through the tabletop, with cabling running through low-profile molding on the floor from the table to the far wall.

g. Provide two tabletop web cameras, brand name or equal to the Meeting Owl 3 (360 degrees) web camera, to support virtual conference platforms (e.g. MS Teams, WebEx).

h. Provide a wireless keyboard and mouse to be used to control the VA computer, with adequate wireless signals that must function up to industry standards from any location within the room.

i. Provide one credenza for equipment storage with the following dimensions: 72” W x 21”D x 32”H. The finish for the credenzas shall be Canyon brown or similar finish/color to match other furniture. Provide industry standards for all cable management and conference room aesthetics.

14.3 Network Director’s Office – Room # 314A (28’x12’)

a. Provide one 55” TV monitor (brand name or equal) flush mounted and centered on the South wall, including the capability to switch multiple applications interchangeably (e.g. computer, cable television, streaming)

b. Provide a Video-Sound Bar (brand name or equal) with functionality to support virtual conference platforms (e.g. MS Teams, WebEx).

c. Provide a streaming device (brand name or equal) for displaying wireless content.

d. Provide the capability to connect a laptop computer through a wall plate port connection to the system, with the capability for display via HDMI.

e. Provide industry standards for all remote controls, cable management, and aesthetics.

14.4 Deputy Network Director’s Office – Room # 315A (25’x12’)

a. Provide one 55” TV monitor (brand name or equal) flush mounted and centered on the South wall, including the capability to switch multiple applications interchangeably (e.g. computer, cable television, streaming)

b. Provide a Video-Sound Bar (brand name or equal) with functionality to support virtual conference platforms (e.g. MS Teams, WebEx).

c. Provide a streaming device (brand name or equal) for displaying wireless content.

d. Provide the capability to connect a laptop computer through a wall plate port connection to the system, with the capability for display via HDMI.

e. Provide industry standards for all remote controls, cable management, and aesthetics.

14.5 Chief Medical Officer (CMO) Office – Room # 304A (20’x12’)

a. Provide one 55” TV monitor (brand name or equal) flush mounted and centered on the South wall, including the capability to switch multiple applications interchangeably (e.g. computer, cable television, streaming)

b. Provide a Video-Sound Bar (brand name or equal) with functionality to support virtual conference platforms (e.g. MS Teams, WebEx).

c. Provide a streaming device (brand name or equal) for displaying wireless content.

d. Provide the capability to connect a laptop computer through a wall plate port connection to the system, with the capability for display via HDMI.

e. Provide industry standards for all remote controls, cable management, and aesthetics.

15. KICK-OFF MEETINGS

The Contractor shall hold a virtual technical Kick-off Meeting. The Kick-off Meeting shall be conducted within 10 calendar days after the award. The Contractor shall present, for review and approval by the Government, the details of the intended approach, work plan, and project schedule for each of the rooms and offices identified herein. The Contractor shall invite the Contracting Officer (CO), Contract Specialist (CS), Contracting Officer’s Representative (COR), VA Program Manager (PM), and any other project POCs as identified by VA. The Contractor shall provide an Agenda to all attendees at least five calendar days prior to the meeting. Meeting minutes shall be provided by the Contractor to all attendees within three calendar days after the meeting.

16. CONTRACTOR PROJECT MANAGEMENT PLAN

The Contractor shall deliver a Contractor Project Management Plan (CPMP) that lays out the Contractor’s approach, timeline, and tools to be used in execution of the requirements outlined herein. The CPMP shall include both a narrative and graphic format that displays the schedule, milestones, risks, and resource support. The Contractor shall provide and brief the draft CPMP at the Kick-off Meeting and deliver the baseline CPMP no later than (NLT) 10 calendar days after receipt of Government comments. The baseline CPMP shall be concurred upon by the VA PM and COR. The baseline CPMP shall be delivered electronically to the VA PM, COR, CS, and CO and updated monthly throughout the period of performance.

17. SITE SURVEY

The contractor shall conduct a site visit of each room identified in the requirements to determine the actual layout and placement of the equipment in order to meet the technical requirements identified in this Statement of Need. A Site Survey Report shall include, at a minimum, the following:

a) Methodology: This describes the steps taken, the tools used, and the information gathered in the course of the site survey and shall also include specific information regarding the best practice techniques and methods used.

c) Draft Wiring and Equipment Location Map detailing wiring and placement of the equipment procured under any resulting DO using diagrams and tables.

d) Survey Details:

I. Detailed equipment design and locations II. A list of the equipment used during the survey;

III. A Bill of Materials listing all equipment and hardware

e) The Contractor shall provide detailed installation procedures as part of the Site Survey Report, including the plans for control of dust for approval VISN Safety Manager.

The Contractor shall provide a draft Site Survey Report for all installations NLT five calendar days after the site survey for VA review and a final Site Survey Report five calendar days after receipt of Government comments. The Contractor shall not initiate installation until VA has approved that Final Site Survey Report. The Contractor shall submit the Draft and Final Site Survey Report electronically to VA PM, COR, CS, and CO.

19. DELIVERY ADDRESS: VISN 8 Network Office, 8900 Grand Oak Cir, Tampa, Florida 33637. Please contact the COR, Jason.labonte@va.gov, to coordinate all deliveries.

Delivery/Installation: Shall complete delivery and installation 30 days after receipt of the award & and after the kick-off meeting.

20. SHIPMENT OF HARDWARE OR EQUIPMENT

Acceptance criteria will include a final inspection of all equipment, installations, and integrations to ensure full functionality and operability to meet all deliverables.

21. CONTRACTOR RESPONSIBILITIES

21.1 The Contractor shall adhere to the standards outlined by the National Fire Protection Association (NFPA) 101 Life Safety Code, and Infection Control Risk Assessment (ICRA) as outlined in Guidelines for Design and Construction of Hospital and Healthcare Facilities, 2014 formerly known as ‘‘AIA Guidelines’’ (Topic: Infection Control Risk Assessment [ICRA]).

21.2 The Contractor shall be responsible for any damages and proper removal and replacement of ceiling tiles.

a. The Contractor shall ensure that the work area is cleaned when work has been completed.

b. The Contractor shall remove all trash and shall vacuum/sweep floors, desks, and tables of installation-related debris, and replace moved ceiling tiles in each area of work before moving to another area.

c. The Contractor shall replace damaged ceiling tiles.

21.3 The Contractor shall ensure that personnel maintain clean clothing when moving about the facility. If clothing is covered with dust/debris from work performed, personnel shall use a HEPA vacuum to remove dust/debris prior to leaving the work area.

21.4 VA may supply closet or storage space where available. The Contractor may need to consider a non-rack mount UPS solution where no rack space is available.

VA will provide the Contractor with the VA equipment inventory number and Inventory Stickers for each piece of equipment to be delivered.

22. USER MANUAL AND TRAINING

22.1 The Contractor shall provide all respective User Guides. The Contractor shall provide user training to consist of everyday usage instruction.

22.2 The Contractor shall provide user training to 10 administrative support personnel and other end users. The goal of user training is to ensure users have a full understanding of conference systems, camera operations, Computer/presentation controls, and all audio/visual functionalities.

22.3 The Contractor shall also provide specific “how to” User Guides (separate from the technical guides that are provided to Super Users) to VA personnel that participate in this level of training.

23. These User Guides must be specific to each device and its daily routine functions.

24. These User Guides are to include succinct and accurate user instructions for a user to successfully complete a video teleconference while delivering a PowerPoint presentation; operating the control panel console; properly selecting inputs; audio controls.

25. The User Guides should also include a troubleshooting section specific to basic system features in a “Problem/Resolution. User training will be provided within 30 days from completion of the installation, all User Guides shall be delivered during training.

FOB): Destination

VA SINSITIVE INFORMATION LANGUAGE IS NOT REQUIRED.

B.2 PRICE/COST SCHEDULE

Network Director's Conference Room - Room # 329A

a. Provide three 75" TV monitors (brand name or equal). Two shall be flush mounted side by side on the West wall, and one on the North wall with articulating arm wall mount.

b. Monitors shall have both duplicate display and two independent display options. For example, the capability to display at least two different cable television channels simultaneously (e.g., news and weather) on different display monitors. Additionally, the capability to display at least two different inputs simultaneously (e.g., computer and cable television) on the different display monitors.

c. Provide two streaming devices (brand name or equal) for displaying wireless content.

d. Provide 8 ceiling speakers and 2 beam ceiling mics (brand name or equal). Provide the capability to have a minimum of two secondary audio inputs to allow for more than one simultaneous audio connection (e.g., integrated audio from MS Teams and YouTube at the same time).

e. Provide an HDMI outlet for extending the display from a laptop.

f. Provide a wired control panel. The control panel shall provide an intuitive method to control all functionalities of the conference room equipment. The control panel shall be connected from below and through the tabletop, with cabling running through low-profile molding on the floor from the table to the far wall.

g. Provide two tabletop web cameras, brand name or equal to the Meeting Owl 3 (360 degrees) web camera, to support virtual conference platforms (e.g. MS Teams, WebEx).

h. Provide a wireless keyboard and mouse to be used to control the VA computer, with adequate wireless signals that must function up to industry standards from any location within the room.

i. Provide one credenza for equipment storage with the following dimensions: 72" W x 21"D x 32"H. The finish for the credenzas shall be Canyon brown or similar finish/color to match other furniture. Provide industry standards for all cable management and conference room aesthetics.

Network Director's Office - Room # 314A

a. Provide one 55" TV monitor (brand name or equal) flush mounted on the South wall, including the capability to switch multiple applications interchangeably (e.g. computer, cable television, streaming)

b. Provide a Video-Sound Bar (brand name or equal) with functionality to support virtual conference platforms (e.g. MS Teams, WebEx).

c. Provide a streaming device (brand name or equal) for displaying wireless content.

d. Provide the capability to connect a laptop computer through a wall plate port connection to the system, with the capability for display via HDMI.

Deputy Network Director's Office - Room # 315A

a. Provide one 55" TV monitor (brand name or equal) flush mounted on the South wall, including the capability to switch multiple applications interchangeably (e.g. computer, cable television, streaming)

b. Provide a Video-Sound Bar (brand name or equal) with functionality to support virtual conference platforms (e.g. MS Teams, WebEx).

c. Provide a streaming device (brand name or equal) for displaying wireless content.

d. Provide the capability to connect a laptop computer through a wall plate port connection to the system, with the capability for display via HDMI.

Chief Medical Officer (CMO) Office - Room # 304A

a. Provide one 55" TV monitor (brand name or equal) flush mounted on the South wall, including the capability to switch multiple applications interchangeably (e.g. computer, cable television, streaming)

b. Provide a Video-Sound Bar (brand name or equal) with functionality to support virtual conference platforms (e.g. MS Teams, WebEx).

c. Provide a streaming device (brand name or equal) for displaying wireless content.

d. Provide the capability to connect a laptop computer through a wall plate port connection to the system, with the capability for display via HDMI.

B.4 DELIVERY SCHEDULE

VISN 8 Network Office 8900 Grand Oak Cir Tampa, FL 33637

USA

727-575-8043 Jason.Labonte@va.gov

VISN 8 Network Office 8900 Grand Oak Cir Tampa, FL 33637

USA

VISN 8 Network Office 8900 Grand Oak Cir Tampa, FL 33637

USA

VISN 8 Network Office 8900 Grand Oak Cir Tampa, FL 33637

USA

VISN 8 New Conference Rooms

SECTION C - CONTRACT CLAUSES

C.1 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(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)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database 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 certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. 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 (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (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 LOS 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 certified SDVOSBs listed in the SBA certification database (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 certified SDVOSBs listed in the SBA certification database. 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 CFR 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 certified SDVOSBs listed in the SBA certification database.

(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 certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier 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 complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. 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 Veteran Small Business Certification Program 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 (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB 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.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(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 18 U.S.C. 1001.

(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 ensure acceptance by common carriers and safe delivery at the destination. Containers and closures shall comply with the 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 (SEP 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:

[] (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) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 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).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 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).

[] (14) [Reserved] [] (15)(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.

[] (16)(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.

[] (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219–9.

[] (19)(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.

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

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

[] (24) 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)).

[] (25) 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)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

[X] (33)(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.

[] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36)(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).

[] (37) 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.)

[] (38)(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. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (42)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and…