Amend 1 RFQ 36C24W24Q0067.pdf

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

36C24W

36C24W24Q0067 04-25-2024

Ullainee Fowler 210-694-6330 05-08-2024

1000 EDT

Department of Veterans Affairs Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204 McClellan Park CA 95652

X 100

X

335220

1500 Employees

N/A

X

Spinal Cord Injury/ Community Living Ctr 3350 La Jolla Village Drive

San Diego CA 92161

Regional Procurement Office West (RPOW) 3237 Peacekeeper Way Building 200 Suite 204

McClellan Park CA 95652

This is accomplished through the k l d Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

This solicitation is for the procurement of Refrigerators & Freezers for Spinal Cord Injury and Community Living Center in San Diego, California.

The Government intends to award a firm-fixed price contract to the vendor who provides the best value offer to the Government under the set-aside category of SDVOSB.

See schedule for additional information.

See CONTINUATION Page

X X

Shantelle Mayfield Contracting Officer

36C24W24Q0067

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN 2024)

C.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 36C24W Shantelle Mayfield

Regional Procurement Office West (RPOW)

3237 Peacekeeper Way

Building 200 Suite 204

McClellan Park CA 95652

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt and acceptance.

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:

AMENDMENT NO DATE

0001 04/30/2024

SALIENT CHARACTERISTICS

ProjectName: SanDiegoSCI/CLC

ProjectLocation:

CatCode: vv JSN:R6100

DatePrepared:October6,2023

BrandNameorEqual

Nomenclature:Freezer,Food,Upright,CRS,23CUFT

Manufacturer:Traulsen ModelName:Spec-Line,OneSectionReachInFreezer,2Door

Dealer: ModelNumber:RLT132NUT-HHS115

Email: 3rdPartyInstall:No RoomNbr(s):SeeAttached

Phone:

Dimensions:D35.00in W26.00in H83.00in D889mm W660.4mm H2108.2mm

1:Plumbing:

2:Electrical: 120vOLT,CONvENTIONALOUTLET

DC:No EP:No AddlOutlets: Amps:10

MedicalGas:

3:

4:MiscGas:

5:NonMedGas:

6:Misc:

OutletType:5-15

7:Data:

8:Drops:

9:Warranty:

10:Training:

11:Weight:

12:WallBlocking:

No

3YearP&L, 5YearCom pressor

No505

.00

No

SalientCharacteristics

TheRLT132NUT-HHSisahigh-performancefreezerthatisbuilttowithstandthetoughestdemandsofcommercialkitchen.Thisfreezer'sdurableallstainlesssteelbodyhasan"N- Width"constructionthatoffersmaximuminteriorstoragecapacity,alongwithwidedoorstoaccommodatetheuseoffull-sizepans-allwithina263/8"lefttorightfootprint!Thesel closingdoorsconvenientlystayajarwhenopenedpast120degrees,whileagasket-protectingmetaldoorpanandremovablevinylmagneticgasketsensurelong-lastingdurabilityandexcellenttemperatureconservation.

Foodfreezerapproximately22CUFT.Thisunithasastainlesssteelcasefrontanddoors.Thecabinetfrontanddoorsareconstructedofheavygaugepolishedstainlesssteeltomaint tiveappearance.Theheavy-dutywireshelvesareadjustableinoneinchincrements,usedforfrozenfoodstorageinfoodservicedepartments.

Onesection,reachinfreezer.

Twodoors,3adjustablewireshelvespersectionINCLUDE:4Casters,2locking

CatCode: vv JSN:R6100

DatePrepared:October6,2023

Image Finishes/Options

Qty:2

ProjectName:Pr ojectLocation:

San

Diego

SCI/CLC

CatCode: vv JSN:R6100

DatePrepared:October6,2023

Department,Room,Quantity

RECREATIONALTHERAPY

RTWORKSTORAGE-2A155A(2)

CatCode: VV JSN:R6200

DatePrepared:October6,2023

BrandNameorEqual

Nomenclature:Refrigerator,U-CorF-S,5CuFt

Manufacturer:FollettLLC ModelName:REF4P-00-00

Dealer: ModelNumber:Multiple

Email:info@follettice.com 3rdPartyInstall:No RoomNbr(s):SeeAttached

Phone:800-523-9361

Dimensions:D26.00in W23.75in H31.00in D660.4mm W603.25mm H787.4mm

1:Plumbing: 7:Data: No

2:Electrical: 120VOLT,CONVENTIONALOUTLET 8:Drops:

DC:No EP:No AddlOutlets: Amps:5 OutletType:5-15 9:Warranty: 2Year

MedicalGas: Parts/Labor

,5Year

Compressor

3: 10:Training: No

4:MiscGas: 11:Weight:

5:NonMedGas: 12:WallBlocking:No

6:Misc: CAT6WIRETONEARESTTELECOMMUNICATIONSROOM mailto:info@follettice.com

SalientCharacteristics

3.9cu.ft.ofstoragespace,thisundercounterfreezergivesyouplentyofroomtostoremedicationandevenincludes2epoxy-coatedshelvesforexceptionalorganizationalflexibility.Itfeaturesafront-breathingdesignthatallowsyoutoeasilyinstallitflushintoanexistingcountertop,sinceairisventedinthefrontandeliminatestheneedforclearanceonthebackorsides.Foradded ce,thisunitshipswithoutcasterstogiveita313/8"heightthatwillfitcomfortablybeneathADAcountertops.Theinteriorandexteriorareeachmadeofruggedstainlesssteelforlong lastingdurabilityandeasycleaning,whilethemagneticdoorgasketensuresatightsealandthedooritselfisfieldreversibleforevengreaterflexibility.Therefrigerationsystemisdriv hpcompressorthatrunsonR-404Arefrigerant.A115Velectricalconnectionisrequiredforoperation.

CatCode: VV JSN:R6200

Qty:11

CatCode: VV JSN:R6200

DatePrepared:October6,2023

Department,Room,Quantity

COMMUNITYLIVINGCENTERNORTH

MEDICATION-4B106(1),MEDICATION-4B138(1)

COMMUNITYLIVINGCENTERSOUTH

MEDICATION-4A112A(1)

INTERDEPARTMENTALCIRCULATION

INTERNETCAFE-1B102(1)

PHARMACY

MEDICATION-2B124(1),MEDICATION-3B160(1)

PHYSICALTHERAPY(SCI)

PHYSICAL/KINESIOLOGYTHERAPY-1B126(2)

SCIACSOUTH

MEDICATION-2A132(1)

SCILONGTERMCARESOUTH

MEDICATION-3A149(1)

SCIOUTPATIENTCLINIC

MEDICATION-1A167(1)

CatCode: vv JSN:R7000

DatePrepared:October6,2023

BrandNameorEqual

Nomenclature:Refrigerator,14CubicFeet

Manufacturer:SummitAppliance ModelName:BottomFreezerRefrigerator

Dealer: ModelNumber:FFBF181ES2

Email: 3rdPartyInstall:No RoomNbr(s):SeeAttached

Phone:

Dimensions:D25.00in W23.00in H78.00in D635mm W584.2mm H1981.2mm

1:Plumbing: 7:Data: No

2:Electrical: 120vOLT,CONvENTIONALOUTLET 8:Drops:DC:No EP:No

AddlOutlets: Amps: OutletType: 9:Warranty:

3:MedicalGas: 10:Training: No

4:MiscGas: 11:Weight: 158.00

5:NonMedGas: 12:WallBlocking:No

SalientCharacteristics

-Freestandingbottomfreezerbottomfreshfoodcounterdepth

-FreezerSectionLayout-FullWidth

-11.7,StainlessSteelfinishdoorpanelswithpaintedsidesandtopcasing.

-Musthavetemperaturecontrols,toregulatebothTopandbottomsections

-Adjustablewireshelfinfreezer

-Adjustableshelvesandbinsinrefrigerator

-Reversibledoor

-Mustincludepowercord

-Interiorlight

-LevelingLegs

DefrostType:Automatic/FrostFree

-NoIcemakerorwaterfiltrationsystem

24"widecounterdepthrefrigerator-freezerMadeinEuropewitha24"footprintthatoffersfullstoragecapacityinauniquelyslim,shallowdepthfitENERGYSTARcertifiedRatedbytheDOEtoperformwithmoreefficienc deralstandardsrequire,savingyourunitenergyandyouonhigherutilitycosts

StainlesssteeldoorsProfessionallookinrealstainlesssteelconstructionwithaverticalgrainandgentlecurveonthedoorsDigitalthermostatsSeparatedig italcontrolsletyouadjusttherefrigeratorandfreezersectionswithoutopeningthedoor

AdaptiveintelligenttechnologyInnovativesensortechnologyallowstheunittoadjusttoyourhabits,readingyourpatternstomanagethetemperaturebasedonthefrequencyofd andgroceryloading

AdjustableglassshelvesSpill-proofsafetyglasswithattractivesteeltrimensuredurableandeasy-to-cleanstoragethatcanberearrangedasneededAdjustabledoorstorageFourdoorrackscanbeadjustedinheighttoaccommodateavarietyofsizes

BottleshelfAdjustablescallopedsteelrackletsyoustorewineorotherbottlesinaspace-savinghorizontalpositionHumiditycontrolledcrisperLargecrisperdrawerallowsyoutoensuretheoptimumstorageoffruitsandvegetables

CatCode: vv JSN:R7000

Qty:17

ProjectName:ProjectLocation:

CatCode: vv JSN:R7000

Department,Room,Quantity

CLCADMINISTRATIVE

STAFFLOUNGE-4A164(1)

COMMUNITYLIVINGCENTERNORTH

KITCHEN-4B116A(1),KITCHEN-4B144A(1)

COMMUNITYLIVINGCENTERSOUTH

KITCHEN-4A118A(1)

INTERDEPARTMENTALCIRCULATION

FAMILYKITCHEN-2B161(1),WARMINGKITCHEN-4A174C(1)

NFS

NOURISHMENT-2A113(1),NOURISHMENT-2B135(1),NOURISHMENTKITCHEN-3A145(1),NOURISHMENTKITCHEN-3B149(1)

PT/OT

TRAININGKITCHEN-1B125A(1)

RTKITCHEN-2A155B(1)

SCIACNORTH

KITCHEN-2B151B(1)

SCIACSOUTH

STAFFLOUNGE-2A149(1)

SCILONGTERMCARENORTH

STAFFLOUNGE-3B137(1)

SCILONGTERMCARESOUTH

STAFFLOUNGE-3A132(1)

SCIOUTPATIENTCLINIC

STAFFLOUNGE-1A141(1)

CatCode: vv JSN:R7250

DatePrepared:October6,2023

BrandNameorEqual

Nomenclature:Refrigerator-Freezer,20CubicFeet

Manufacturer:Traulsen ModelName:ReachInRefrigeratorRSeries

Dealer: ModelNumber:RDT132WUT-HHS

Email: 3rdPartyInstall:No RoomNbr(s):SeeAttached

Phone:

Dimensions:D35.00in W30.00in H83.00in D889mm W762mm H2108.2mm

1:Plumbing: 7:Data: No

2:Electrical: 120vOLT,CONvENTIONALOUTLET 8:Drops:

DC:No EP:No AddlOutlets: Amps:10 OutletType:5-15 9:Warranty: 3YearP&L, MedicalGas: 5Year

Compresso r

3: 10:Training: No

4:MiscGas: 11:Weight:

5:NonMedGas: 12:WallBlocking:No

SalientCharacteristics

TheTraulsenSpecificationLineRDT132WUT-HHSallstainlesssteel21.6cu.ft.singlesectionreachinrefrigerator/freezerletsyoustorerefrigeratedandfrozenfoodinone.

Thissinglesectionrefrigerator/freezercomeswithhigh-densityfoamed-in-placepolyurethaneinsulationtohelpmaintainconsistentinternaltemperatures.Foraddedconvenience,itsself-closingdoorsincludeastay-openfeaturewhenopenedpast120

Reversiblehingedoor(fieldchangeable)StainlessSteelconstructi on

1SectionRefrigeratorwith2eahalflengthdoors

21.6CuFtCapacityInclude:

StainlessSteelFinishedBackwithLouvers4ea-45/8"Casters

LockingHaspsStainlessSteelShelves

CatCode: vv JSN:R7250

Qty:3

CatCode: vv JSN:R7250

DatePrepared:October6,2023

Department,Room,Quantity

NFS

GALLEY-3B134A(1)

RTWORKSTORAGE-2A155A(2)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2.00 EA ______________ ______________

R6100 REACH-IN FREEZER Traulsen Model No.

RLT132NUT-HHS Spec-Line Freezer, Reach-in, one-section, 21.9 cu. ft., self-contained refrigeration, stainless steel exterior and interior, standard depth, narrow half-height doors, (3) adjustable wire shelves per section, microprocessor controls, unit can be programmed to operate at -10 degrees F,1/2 HP, UL-Sanitation. 6-year parts & labor and 7-year compressor, standard. Visit www.traulsen.com for details, www.traulsen.com for details, 115v/60/1-ph, 9.7 amps, with cord & NEMA 5-15P, standard. Door hinged on right, standard.

Contract Period: Base

POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN): RLT132NUT-

HHS115

2.00 SE ______________ ______________

R6100 REACH-IN FREEZER Casters, 6" high (set of 4).

Contract Period: Base POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN): RLT132NUT-

HHS115

11.00 EA ______________ ______________

R6200 REFRIGERATOR, UNDERCOUNTER, MEDICAL.

Follett Healthcare Model No. REF4P-0R-00-00. Follett REF4P-0R-00-00. Right hinge, stainless solid door, no keypad.

Contract Period: Base POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN): REF4P-0R-00-

11.00 EA ______________ ______________

R6200 01059120 Pedestal base, 23.75" wide x 26.00" deep x 31.00" high (D660.4mm, W603.25mm, H787.4mm), stainless (item# 01059120).

Contract Period: Base POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN): REF4P-0R-00-

17.00 EA ______________ ______________

R7000 REFRIGERATOR FREEZER, REACH-IN Summit

Commercial Model No. FFBF181ES2 24" Wide Bottom Freezer Refrigerator SKU: FFBF181ES2.

Contract Period: Base

POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN): FFBF181ES2

3.00 EA ______________ ______________

R7250 REACH-IN DUAL TEMP CABINET Traulsen Model

No. RDT132WUT-HHS. Spec-Line Refrigerator/Freezer Dual Temp Cabinet, reach-in, one section, self-contained refrigeration, stainless steel exterior and interior, standard depth cabinet, (2) wide half-height locking doors with EZ- Clean Gaskets, interior LED lighting, microprocessor controls,1/2 HP (refrigerator) & 1/2 HP (freezer), NSF 6-year parts & labor and 7 year compressor, standard. Visit www.traulsen.com for details. 115v/60/1-ph, 10.3 amps, NEMA 5-15P, standard. Door hinged on right, standard.

Contract Period: Base POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN): RDT132WUT-

HHS

3.00 SE ______________ ______________

Casters, 6" high (set of 4).

Contract Period: Base POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

MANUFACTURER PART NUMBER (MPN): RDT132WUT-

HHS

1.00 EA ______________ ______________

JL001 RECEIVING, WAREHOUSING AND DELIVERY.

JOHNSON-LANCASTER Model No. PROJECT STAGING Receiving, Warehousing and Delivery.1. Handling: Includes unloading and receiving of multiple shipments from your project vendors and inspection upon arrival for visible damage. (In the event damage or shortage is detected, proper notations will be made on the delivering carrier's bill of lading and JLA will forward all documentation needed to initiate a freight claim.) Applies to coordination and withdrawal of requested items from storage, for customer pick-up. 2. Reporting: Each day shipments arrive at our qualified local facility, warehouse receivers will compare the merchandise with purchase order or equipment list information provided and prepare a detailed receiving report with shipping container count (i.e. number of crates, cartons or pallets) and the merchandise quantities and types, per the packing lists, labels and side markings, they are said to contain. 3. Warehouse Storage & Organization: Merchandise will be organized in storage to facilitate ordering by receiving report, by vendor name and purchase order number/item number of description. Therefore, large shipments should be grouped by like items, to facilitate ordering for delivery. No co-mingling with other accounts/projects is permitted. 4.

Warehousing: All project merchandise will be safely stored in a clean, modern and secure warehouse building that is attended during normal business hours by professional warehousemen. Merchandise will be staged within the warehouse according to best industry standards for hospitality furnishings. Additionally, merchandise will be arranged according to a system that will facilitate inbound receipt as well as outbound loading for delivery. 5. Delivery to site (VA San Diego Spinal Cord Injury and Community Living Center - 3350 La Jolla Village Drive, San Diego, CA 92161) - Project requiring liftgate service.

Contract Period: Base POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): DELIVERY

1.00 EA ______________ ______________

JL002 INSTALLATION JOHNSON-LANCASTER Model No.

INSTALL. Qualified equipment professionals to deliver & install new foodservice equipment package as provided by J- L. Installation includes receiving delivery onsite and removing packaging materials.

Contract Period: Base POP Begin: 04-30-2024 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 335220 - Major Household Appliance Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration

MANUFACTURER PART NUMBER (MPN): INSTALLATION

GRAND TOTAL _______________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001-0009 SHIP TO: DEPT. OF VETERANS

AFFAIRS

SAN DIEGO SCI & CLC

3350 La Jolla Village Drive San Diego, CA 92161

USA

ALL 09/30/2024

MARK FOR: Danniela Brown 858-642-1470 Danniela.Brown@va.gov

FOB: DESTINATION

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 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)

FAR Number Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) (DEVIATION) (JAN

2024)

(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 Covered Entities (DEC 2023) (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.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 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).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

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

[] (16) 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).

[] (17) [Reserved]

[] (18)(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.

[] (19)(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.

[] (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(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.

[] (22)(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.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (26) (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.

[] (27) 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)).

[] (28) 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)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (30) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (NOV 2023)

(DEVIATION) (JAN 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (35)(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] (36)(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.

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

[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (39)(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).

[] (40) 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.)

[] (41)(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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (44)(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.

[] (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[X] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

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

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (48) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[X] (52)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (53)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (NOV 2023) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (54) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (56) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[] (59) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[] (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[X] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(v) 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).

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226- 6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232–40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

C.3 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(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).

https://veterans.certify.sba.gov/

(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…