36C24825Q0978.docx

36C24825Q0978

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 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

675-25-3-2444-0004 36C24825Q0978 07-11-2025 Rohan McKenzie 407-631-8720 07-25-2025 1:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando

FL

32827 X X 541513 $37 Million N/A X Department of Veterans Affairs Orlando VA Healthcare System Multiple Facilities 13800 Veterans Way Orlando

FL

32827 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando

FL

32827

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page

a. Network Engineer III Services

b. Period of Performance

1. Base Period: 09/01/2025 - 08/31/2026

2. Option Period 1: 09/01/2026 - 08/31/2027

3. Option Period 2: 09/01/2027 - 08/31/2028

4. Option Period 3: 09/01/2028 - 08/31/2029

5. Option Period 4: 09/01/2029 - 08/31/2030

c. Contractor must complete and submit with their quote, VAAR 852.219-75 VA Notice of Limitations on Subcontracting -Certificate of Compliance for Services and Construction

(JAN 2023).

See CONTINUATION Page X X Rohan McKenzie 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:

1. CONTRACTOR:

Person administering contract for the Contractor

Address

City-State-Zip

Phone Number

Fax Number

Email Address

SAM UEI #

Federal Tax I.D. #

1. GOVERNMENT: Contracting Officer, 36C248, Rohan McKenzie Network Contracting Office 8 (NCO8). Contractor must email all correspondences to rohan.mckenzie@va.gov.

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:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, upon receipt and acceptance of services.

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

1. For assistance when setting up e-invoicing, the below information is provided:

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

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

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

· VAFSC Email: vafsccshd@va.gov

f. FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide Network Engineer support services during normal hours of operation per the Performance Work Statement (PWS).

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services PRODUCT/SERVICE CODE: R799 - Support - Management: Other "This is a Firm Fixed-Price item number"

On "As Needed Basis" Contractor shall provide Network Engineer support services after normal hours of operation, weekends or holidays per the PWS.

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

"This is a Firm Fixed-Price Labor-Hour item number. The quantity for this item number are estimates only and not guaranteed."

Contractor shall provide Network Engineer support services during normal hours of operation per the Performance Work Statement (PWS).

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

On "As Needed Basis" Contractor shall provide Network Engineer support services after normal hours of operation, weekends or holidays per the PWS.

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

"This is a Firm Fixed-Price Labor-Hour item number. The quantity for this item number are estimates only and not guaranteed."

Contractor shall provide Network Engineer support services during normal hours of operation per the Performance Work Statement (PWS).

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

On "As Needed Basis" Contractor shall provide Network Engineer support services after normal hours of operation, weekends or holidays per the PWS.

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

"This is a Firm Fixed-Price Labor-Hour item number. The quantity for this item number are estimates only and not guaranteed."

Contractor shall provide Network Engineer support services during normal hours of operation per the Performance Work Statement (PWS).

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

On "As Needed Basis" Contractor shall provide Network Engineer support services after normal hours of operation, weekends or holidays per the PWS.

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

"This is a Firm Fixed-Price Labor-Hour item number. The quantity for this item number are estimates only and not guaranteed."

Contractor shall provide Network Engineer support services during normal hours of operation per the Performance Work Statement (PWS).

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

On "As Needed Basis" Contractor shall provide Network Engineer support services after normal hours of operation, weekends or holidays per the PWS.

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541513 - Computer Facilities Management Services

"This is a Firm Fixed-Price Labor-Hour item number. The quantity for this item number are estimates only and not guaranteed."

B.3 PERFORMANCE WORK STATEMENT

Network Engineer III Services The Orlando Veterans Affairs Healthcare System (OVAHCS)

I. GENERAL: This is a non-personal services contract to provide Network Engineer services for OVAHCS. The Government shall not exercise any supervision or control over the Contractor’s personnel performing the services herein. Such service provider shall be accountable solely to the Contractor, who in turn is responsible to the Government. During the performance of this contract, the functions being performed shall not be changed or expanded to become inherently governmental.

II. BACKGROUND: The Orlando VA Medical Center (OVAMC) at Lake Nona is furnished with state-of-the-art technology. The 1.2 million square foot facility is one of the largest hospital within Veterans Affairs (VA). The facility also includes the Simulation Learning Education and Research Network, which is a high-technology, immersive environment that uses simulation to train VA medical personnel. Facility Management Services (FMS) Industrial Control Systems (ICS) network is an air gapped secure network that is not on the Office of Information and Technology (OIT) network, medical network or any other Veterans Affairs (VA) supported network. OIT doesn’t support or manage the network components, devices and end-point. OVAMC is committed to providing our patients with the highest quality of care in an environment that is safe. We do this by focusing on continuous process improvement of our technological infrastructure.

III. PERIOD OF PERFORMANCE: The period of performance will consist of one base period of 12 months and four 12 months option periods.

IV. PLACE OF PERFORMANCE: The majority of the work will be at OVAMC, 13800 Veterans Way, Orlando, FL 32827. Occasional local travel to affiliate locations for on-site support may be necessary. Associates costs, including but not limited to per diem, lodging, meals and mileage will not be reimbursed for travel to any locations outlined herein. The following are OVAMC affiliate locations:

a. Table 1

V. OPERATION HOURS: The Contractor shall perform work, Monday through Friday from 7:30 a.m. through 11:30 a.m. and 12:30 p.m. through 4:30 p.m. local time. There will be instances where the Contractor must work on weekends and holidays. Two-weeks prior to weekends and holiday work, the Contracting Officer Representative (COR) will communicate by emailing the Contractor with the dates, start and stop time for work to be performed. Within 24-hours of the COR’s request for weekends and holiday work, the Contractor shall confirm receipt of the COR’s request in writing by email.

VI. FEDERAL HOLIDAYS: Unless the COR requests for holiday work, the Contractor shall not perform services on federal holidays, or when the Government facility closes due to local or national emergencies, administrative closings, or similar government-directed facility closings. Government shutdowns occur when the Government refuses passage of key bills, resulting in the cession of some or all operations by the Government. If VA is affected by a Government shutdown during the period of performance, the Contractor will be informed by the Contracting Officer (CO) when services are to be provided. The following Federal Holidays are observed by the Government.

a. Table 2.

Holidays

VII. SCOPE OF WORK: The Contractor shall provide all resources necessary to accomplish the scope of work herein. The Contractor shall be a highly trained and experienced Network Engineer to satisfy the following responsibilities:

a. The Contractor shall maintain a thorough understanding of the basics behind the internet and its working (Domain Name System (DNS), Security, Internet Protocol (IP) Routing, Hypertext Transfer Protocol (HTTP), Virtual Private Network (VPN), Email Routing).

b. The Contractor shall design, set up and configure Local Area Network (LAN) switching environments.

c. The Contractor shall design, setup and configure LAN wireless networking that supports secured access.

d. The Contractor shall lead the design of multi-server environments including IP address schemes, DNS, Windows Internet Name Service (WINS), Ether-Channel (Bonding).

e. The Contractor shall have the capability to support introducing new remote sites to the network without any redesign.

f. The Contractor shall design, implement, and support interconnections between all OVAHCS sites.

g. The Contractor shall perform maintenance on the Industrial Control Network (ICN).

h. The Contractor shall maintain multi-site network operations and software applications, operating systems and regular maintenance for the Orlando VA Health Care System (OVAHCS).

i. The Contractor shall manage assigned project and program components to deliver service in accordance with the written task assigned for each projects.

j. The Contractor shall respond to ICN inquiries from staff, administrators, service providers, site personnel and outside vendors.

k. The Contractor shall troubleshoot malfunctions of network hardware, software applications, IP telephone and security systems to resolve operational issues to restore services.

l. The Contractor shall oversee the configuration and installation of Industrial Control Network (ICN).

m. The Contractor shall provide documentation for the Telecommunication Room configurations concerning ICN.

n. The Contractor shall manage and maintain all IP space that relates to ICN devices throughout OVAHCS.

o. The Contractor shall coordinate and document all new system installs for ICN, Subject Matter Expert (SME) on the 6550-process assisting CO, COR and end-user.

p. The Contractor shall attend project related meetings.

q. The Contractor shall manage enterprise network architecture, routing, routed, metro-e LAN’s and Virtual Routing and Forwarding (VRF’s).

r. The Contractor shall support hardware and software for Close Circuit Television (CCTV) and Access Control Systems.

s. The Contractor shall develop project plans for migrations and approval for work.

t. The Contractor shall work with other Contractors for a Media Access Control (MAC), ICN related equipment moves, adds or changes.

u. The Contractor shall maintain technical documentation on the ICN for new facilities.

v. The Contractor shall verify compliance with National Institute of Standards and Technology (NIST) 800 SP 800-171 Rev. 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations | CSRC, VA policies, and security standards.

w. The Contractor shall provide support for the display desktops that are connected within the ICN Network.

x. The Contractor shall provide ICN support for the AMAG system.

y. The Contractor shall provide ICN support for the CCTV, Metasys Building Automated System known as JCI, and storage devices.

z. The Contractor shall migrate JCI network equipment to the VA Office Of Information and Technology (OIT).

aa. The Contractor shall provide escort/testing for Contractors working on projects related to the ICN to meet assign project requirements and quality of work.

ab. The Contractor shall develop detailed implementation plans to accommodate network growth.

VIII. CERTIFICATIONS/EXPERIENCE REQUIREMENTS OF NETWORK ENGINEER: The Contractor key personnel must be able to meet the requirement for a favorable Tier II clearance, have a minimum of ten (10) years’ experience in the installation of information technology infrastructure configuration and maintenance of network infrastructure equipment. The substitution of Contractor’s key personnel must have equal or better experience/qualifications and must complete the onboarding qualification process. At no time must there be a gap in service during the substitution. Contractor key personnel shall also have the following technical competency:

a. Technical, analytical and personal skills.

b. Knowledge of Cisco Virtual Routing and Forwarding (VRF-lite) configuration.

c. Ability to communicate in an understandable, polite, and friendly manner, both written and verbal.

d. Knowledge, configuration, and maintenance of Cisco 6509, 6500 series data center equipment.

e. Knowledge, configuration, and maintenance of Cisco Catalyst 4000, 3000 access layer switches.

f. Knowledge, configuration and maintain Cisco Wireless Local Area Network (WLAN) systems 5500 series controllers, 3000 series access points (AP).

g. Cisco Access Control Server (ACS) 802.1X end point administration.

h. Conducts core services installs and management of Virtual LAN’s (VLAN) enterprise wide.

i. Performs life cycle management of all network assets.

j. Manages enterprise network architecture, routing, routed, metro-e LAN’s and VRF’s.

k. 10 years of Cisco experience.

l. Knowledge of wireless controllers.

m. ISC2 Certified Information Systems Security Professional.

IX. DELIVERABLES: The Contractor shall provide the below deliverables no later than the dates listed below. The COR shall be notified by the Contractor as it becomes apparent that scheduled deliverables will be late. The notification shall be in writing and must include the rationale for the expected date of the deliverable(s) and the project impact due to late deliverables.

a. Table 3.

Deliverables

XI. TRAINING REQUIREMENTS: The Contractor shall attend and complete all VA training listed in table 4.

a. Table 4.

VA Training Frequency

XII. REPORTS: The Contractor shall submit monthly written progress reports of all completed work for the preceding month and work to be accomplished for the subsequent month. The report shall be submitted to the COR no later than the 3rd workday of each month. All documents or reports produced by the Contractor shall be suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

a. The report shall include resolved issues, existing issues, and a statement explaining how issues were resolved and when existing issues will be resolved.

b. The Contractor shall provide monthly reports for the Telecommunication Rooms configuration concerning ICN.

c. The Contractor shall test/monitor network integrity and performance, and report monthly updates.

d. The Contractor shall provide monthly PMP report.

e. The COR may communicate verbally to the Contractor’s personnel on a weekly and or monthly basis to introduce and or respond to new ICN issues.

XIII. SPECIAL ACQUISITION REQUIREMENTS: Contractor personnel attending meetings, answering Government telephones, and working in other situation where their Contractor status is not obvious to third parties shall identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials.

XIV. GOVERNMENT-FURNISHED EQUIPMENT (GFE): Contractor shall use reasonable care to avoid damaging existing equipment and buildings on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of the below listed property, the Contractor shall replace or repair the damage at no expense to the Government as the CO 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.

a. Shared Office space at OVAMC Lake Nona.

b. Desk.

c. Chair.

d. Wireless Drill and Miscellaneous hand tools.

e. Cable Test Equipment.

f. Laptop – Use only for the ICN.

g. Computer Monitor (3ea).

h. OIT Desktop Computer.

XV. PAYMENT DOCUMENTATION AND PROCESS: Contractor’s payment will be based on receipt of proper invoice and satisfactory contract performance. A proper invoice must include items described at FAR 32.905. Part 32 - Contract Financing | Acquisition.GOV.

XVI. PERFORMANCE REQUIREMENT SUMMARY (PRS): The PRS is a performance indicator that is used to measure the acceptable quality levels that must be met, method of surveillance, and incentives, and how these measures will define the success of our program. These performance standards may be used by the COR to record the Contractor’s performance assessment report (CPARS). The performance standards below will be measured accordingly:

a. Table 5.

Negative CPARS

Negative CPARS

Negative CPARS

Negative CPARS

Negative CPARS

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: National Institute of Standards and Technology as to SP 800-171 Rev. 3, Protecting Controlled Unclassified Inform.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: National Institute of Standards and Technology

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.5 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:

[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 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.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (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) [X] Services. In the case of a contract for services (except construction), the contractor 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. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% 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 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% 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 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) 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.

(3) 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. 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 with the limitations on subcontracting requirement. 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, ___________________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 ___________________________.

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

C.7 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.8 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause) C.9 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (FEB 2023)

(a) All information and communication technology (ICT) (formerly referred to as electronic and information technology (EIT)) supplies, information, documentation and services support developed,…