36C25025Q0218.docx

36C25025Q0218

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

655-25-2-6111-0004 36C25025Q0218 01-15-2025 Alexis S. Alexander 734-222-7169 01-27-2025 15:00

EST

36C250 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240 X X 541519 $34 Million N/A X 36C655 Department of Veteran Affairs Aleda E. Lutz VA Medical Center 1500 Weiss St.

Saginaw MI 48602 36C250 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240

Department of Veterans Affairs Financial Management System P O Box 149971 Austin TX 78714-9971 512-242-7300 N/A X See CONTINUATION Page The contractor shall provide Uninterruptible Power Supply Maintenance and Services located at the Aleda E. Lutz VA Medical Center, 1500 Weiss St., Saginaw, MI 48602, in accordance with the Statement of Work, provisions, and the contract clauses contained herein.

Invoice Tungsten System-https:// authentication.tungsten network.com/login All questions shall be emailed to:

Alexis.Alexander1@va.gov NLT 3:00pm EDT. on Tuesday, January 21, 2025.

All offers shall be emailed to:

Alexis.Alexander1@va.gov NLT 3:00pm EDT. on Monday, January 27, 2025.

$0.00 See CONTINUATION Page X X X Alexis S. Alexander Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company:

POC:

Number:

Email:

b. GOVERNMENT: Contracting Officer - Alexis S. Alexander (Alexis.Alexander1@va.gov) Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 325 Indianapolis IN 46240

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

2 – APC Galaxy 4000 UPS, 11 – APC Smart-UPS X, 9 – APC Smart-UPS On-line, and 2 – Eaton 9PX UPS, all battery cabinet and power distribution units in accordance with manufacturers recommendations.

Contract Period: Base POP Begin: 02-05-2025 POP End: 02-04-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

2 – APC Galaxy 4000 UPS, 11 – APC Smart-UPS X, 9 – APC Smart-UPS On-line, and 2 – Eaton 9PX UPS, all battery cabinet and power distribution units in accordance with manufacturers recommendations.

Contract Period: Option 1 POP Begin: 02-05-2026 POP End: 02-04-2027

PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

2 – APC Galaxy 4000 UPS, 11 – APC Smart-UPS X, 9 – APC Smart-UPS On-line, and 2 – Eaton 9PX UPS, all battery cabinet and power distribution units in accordance with manufacturers recommendations.

Contract Period: Option 2 POP Begin: 02-05-2027 POP End: 02-04-2028

PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

2 – APC Galaxy 4000 UPS, 11 – APC Smart-UPS X, 9 – APC Smart-UPS On-line, and 2 – Eaton 9PX UPS, all battery cabinet and power distribution units in accordance with manufacturers recommendations.

Contract Period: Option 3 POP Begin: 02-05-2028 POP End: 02-04-2029

PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

2 – APC Galaxy 4000 UPS, 11 – APC Smart-UPS X, 9 – APC Smart-UPS On-line, and 2 – Eaton 9PX UPS, all battery cabinet and power distribution units in accordance with manufacturers recommendations.

Contract Period: Option 4 POP Begin: 02-05-2029 POP End: 02-04-2030

PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

B.3 STATEMENT OF WORK

General

1. The purpose of this statement of work (SOW) is to obtain on-site maintenance, inspection, testing, battery replacement, technical support and repair for the facilities Uninterruptible Power Supply (UPS) systems at the Aleda E. Lutz VA Medical Center.

0. General Requirements

1. Contractor shall maintain equipment operation as originally specified by the equipment manufacturer.

1. Contractor shall obtain all licenses, permits, and insurance required to perform all requirements of this Contract without additional expense to the Government. Contractor shall comply with all applicable federal, state, and local laws. Evidence of insurance, licenses, and permits shall be provided to the Contracting Officer before work commences.

0. Codes and Standards

· VHA Directive 1028 – Facility Electrical Power Systems

· OSHA 1910.269 – Electric Power Generation, Transmission, and Distribution, https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9868

· NFPA 70 – National Electrical Code

· NFPA70E – Standard for Electrical Safety in the Workplace

· NFPA 99 – Standard for Healthcare Facilities

· NFPA 101 – Life Safety Code

· NFPA 110 – Emergency and Standby Power Systems

· Joint Commission Accreditation of Healthcare Organizations (Joint Commission) EC.7.40.1 and EC.7.40.7

0. Government Furnished Property, Materials and Services

1. ALEDA E. LUTZ VA MEDICAL CENTER will not provide office space or operational facilities to the Contractor. The Contractor shall secure and maintain the necessary office space and other facilities required for the performance of this Contract at his/her own expense.

1. ALEDA E. LUTZ VA MEDICAL CENTER will not provide supplies, materials, tools or equipment to the Contractor. The Contractor shall furnish all supplies, materials, tools and equipment required for the performance of this Contract.

1. ALEDA E. LUTZ VA MEDICAL CENTER will furnish the following services at existing outlets, for use in those facilities provided by the ALEDA E. LUTZ VA MEDICAL CENTER and as required for the work to be performed under this Contract: electricity, fresh water, sewage service, and non-hazardous refuse collection (from existing collection points).

0. Contractor Requirements

1. The Contractor shall provide a Contract Manager who shall be responsible for the performance of all work. The name of the Contract manager and an alternate shall be designated in writing to the CO/COR prior to the Contract start date. Changes to personnel shall be submitted to the Government within five (5) working days of changes. The Contract Manager or alternate shall have full authority to act on all Contract matters relating to the daily operation of the Contract. The Contract Manager or alternate shall be available to speak/meet with the Point of Contact (COR) within 24 hours of request during normal operating hours, and or within the next business day after Friday or a Federal holiday.

1. Contractor shall provide mechanics/technicians factory certified through APC. Certificates shall be submitted to the COR.

1. Contractor shall be responsible for removing and ensuring proper disposal of all hazardous or universal waste generated under requirements of this contract in accordance with the Resource Conservation and Recovery Act and all associated state and local regulations. Documentation of the Disposal shall be supplied to the COR.

1. Contractor shall provide tools, equipment, specialty items and other items that may be necessary to perform the tasks required under this Contract.

1. Contractor shall instruct his personnel that when they perform work under this Contract, they shall comply with the following procedures:

0. Service personnel shall report to the COR or authorized representative upon arrival at the hospital and again upon completion of the required work. COR shall always be notified of Contractor’s presence at the facility.

0. Service personnel shall be accompanied by COR or COR designee in sensitive areas.

0. Contractor shall have a service ticket on each service call signed by COR. Service tickets shall identify the respective piece of equipment, description of problem, description of corrective measures taken, date and time equipment was returned to regular service. Signed maintenance, repair, callback tickets are required to verify hours on site.

0. Background Checks and Identification Badges

1. Contractor and Subcontractor personnel that work on any ALEDA E. LUTZ VA MEDICAL CENTER property must consent to Background Checks or shall be denied access to the ALEDA E. LUTZ VA MEDICAL CENTER facilities. Information required to conduct a Background Check includes: full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

1. Department of Veterans Affairs requires all Contractor employees to obtain a ALEDA E. LUTZ VA MEDICAL CENTER issued Contractors Badge while working onsite. This ID badge shall be issued by the ALEDA E. LUTZ VA MEDICAL CENTER Police Services watch office under its rule for issuance. Badges must be visibly displayed at all times while onsite. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and a ALEDA E. LUTZ VA MEDICAL CENTER issued ID badge. Before departing the facility, the Contractor will return to the ALEDA E. LUTZ VA MEDICAL CENTER Police Services watch office to return their Contractor’s ID Badge.

0. Emergency Telephone Numbers

1. The Contractor shall provide the COR with pertinent emergency telephone numbers to summon assistance in the event of an emergency. This information shall be provided in writing to the COR.

0. Technical Requirements

1. Contractor shall have in his possession throughout the term of the Contract all diagnostic equipment necessary to fully maintain, test, repair, adjust or reprogram the systems.

1. Contractor shall not make any alteration or additions to the equipment without prior written approval from the COR.

1. Contractor shall provide all materials, lubricants, fluids, fasteners, cleaning supplies, paints (low VOC only), and all other supplies necessary to perform all services required in this Contract. Lubricants shall be only those products recommended by the manufacturer of the equipment or equal.

1. Contractor shall immediately notify the COR of any equipment or environmental conditions which impair or jeopardize the safe and continuous functioning of the equipment.

1. All supplies, parts and materials shall be of the original manufactures design and specification.

0. UPS Inventory

Part II: WORK REQUIREMENTES

0. Service, Inspection and Testing

A. Contractor shall provide annual maintenance on 2 – APC Galaxy 4000 UPS, 11 – APC Smart-UPS X, 9 – APC Smart-UPS On-line, and 2 – Eaton 9PX UPS, all battery cabinet and power distribution units in accordance with manufacturers recommendations. The contractor shall:

· Inspect all power and control wire termination points and system components.

· Loose connections shall be re-tightened to manufacturers torque specifications.

· Any corrosion shall be removed and treated to prevent future reoccurrence.

· Corrections to be performed where heat discoloration indicates damaged or compromised components.

· Check all power capacitors for swelling, cracking or leakage. Vent caps shall be inspected to ensure less than 1/8” extrusion.

· Check the inverter and rectifier snubbers for burned or broken wires.

· Check all fuses on the DC capacitor deck.

· Perform functional verification to include:

· Perform operational test of the system, including unit transfer and battery discharge.

· Verification of battery condition and operation

· Verification of parallel operation performance

· Verify and implement all required field advisories and field modifications.

· Check all circuit board revisions and update as required.

· Measure and Record:

· Harmonic trap filter currents

· Real and apparent power for each phase

· Input voltage, frequency and current values for both phase to phase and phase to ground

· All low voltage power supply levels

· Battery connection resistances in micro-ohms (when applicable)

B. Contractor shall provide advanced notification to the COR no less than 10 business days prior to scheduled maintenance and service activity. Service must not interfere with needs or demands of the hospital. The V.A. reserves the right to defer proposed service dates based upon the needs of the agency.

C. Contractor shall immediately notify the Engineering COR of any equipment or environmental conditions which impair or jeopardize the safe and continuous functioning of the equipment. Any parts that are deemed to be replaced by the Contractors inspection shall be ordered via separate purchase order.

Onsite Repair / Callback Service

1. Contractor to provide onsite service to diagnose, test and repair the system in the event of a failure. Complete functional testing shall be conducted and documented upon the completion of any corrective action.

1. Contractor shall respond to all request for onsite repair / callback service and be prepared to take corrective action at the site within 4 hours. Callback service is defined as requests for service or repair during or after normal working hours, to correct any system problem or condition requiring attention.

1. Onsite Repair / Callback Service to be available 7 days a week, 24 hours a day.

1. Equipment malfunctions shall be corrected the same day that the service call was issued. If circumstances beyond the Contractor’s control preclude resolution of the problem that day, the COR must be notified in writing with an explanation of the delay.

1. Contractor is responsible to remove and dispose of all waste and used materials.

1. Contractor shall not make any alteration or additions to the equipment without prior written approval from the CO.

1. All replacement parts and materials shall be of the original manufactures design and specification, or equal thereto. Parts are to purchased via a separate purchase order.

0. Technical Support

1. Contractor to provide 24 hour technical support for all equipment covered under this contract.

PART III – DOCUMENTATION

1. Repair, service and maintenance reports shall be submitted to the COR within 10 business days of completing any service. Reports shall identify all items inspected, services performed, test results, readings obtained, number if items inspected, and deficiencies identified. The report shall assess the general condition of each system component and provide detailed descriptions of all recommended repairs and defective components. No invoice shall be certified for payment until the Facility COR has provided written acceptance to the contractor and the contracting officer.

PART IV – SAFETY and Infection Control

4.1 Injury and Accident Reports

1. Contractor shall immediately report to the COR in a manner and on the forms prescribed by the ALEDA E. LUTZ VA MEDICAL CENTER all accidents resulting in injury, trauma, death, hazardous exposures, and occupational disease involving any uninterruptible power supply system or its maintenance.

1. Written reports for all incidents shall be provided within five (5) working days and include the cause, what, where, and when the incident occurred as well as repairs and tests performed to correct the cause of the incident.

0. Safety

1. Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements.

1. In performance of this Contract, the Contractor shall follow ALEDA E. LUTZ VA MEDICAL CENTER safety policy and standards for safe work practices and take such safety precautions as the ALEDA E. LUTZ VA MEDICAL CENTER Safety Officer or designee or the COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with ALEDA E. LUTZ VA MEDICAL CENTER tobacco policy, which designates all VA property as a NO-Tobacco area.

1. The Contractor shall submit to the Contracting Officer (CO) and COR, prior to the start of the Contract, the Safety Data Sheets (SDS) for all potentially hazardous materials (lubricants, cleaners, fluids, etc.) to be used in the facility in performance of the Contract, and will not use, in the facility, such materials which have not been so cleared in advance with the ALEDA E. LUTZ VA MEDICAL CENTER. SDS for new chemicals shall be furnished prior to the arrival of the chemical on site. The Contractor shall maintain a copy of all SDS in each machine room to assure compliance with all laws and requirements regarding the “Right to Know” law.

1. Contractor is responsible to identify, provide and maintain all personal protective equipment (PPE) required to perform the duties outlined in the Contract. In addition, the Contractor is responsible for identifying and providing all applicable safety programs required to perform the work i.e., lockout/tag out, confined space entry, universal precautions, etc. Training required for safety programs and the proper use of PPE shall be provided by employer, and documentation maintained by the Contractor.

1. The Contractor shall obtain a Hot Work Permit from the Safety staff or the COR in advance whenever soldering, welding, grinding, and using a cutting torch, or other open flame, spark or heat producing equipment is used. The Contractor is required to follow all requirements outlined for the issuance of the Hot Work Permit.

1. Contractor shall be notified of any non-compliance with safety regulations. The Contractor shall, after receipt of such notice, immediately correct the condition and notify the Contracting Officer in writing that the condition has been corrected. If, in the opinion of the COR or the ALEDA E. LUTZ VA MEDICAL CENTER Safety Officer the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order halting all or any part of the work, and Contractor may be held in default. The Contractor bears all costs of stop-work time and correcting safety hazards.

1. Contractor shall ensure all safety guards, equipment panels, doors, covers, devices, etc. are installed prior to placing equipment into normal operation. Any lost, damaged or missing guards, panels, doors, covers, devices, and mounting hardware are to be supplied or replaced by the contractor to ensure the safety of personnel.

1. Contractor is responsible for the supervision of all their employees while on government property. It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in this contract. Provisions provided in the scope of work are not intended to relieve the Contractor of this responsibility.

0. Housekeeping

1. Equipment shall be wiped down with appropriate cleaning supplies to remove any dust or dirt accumulation. Before cleaning is performed ascertain if any build up indicates a problem with the equipment and requires service or repair.

1. Upon completion of daily work, contractor shall clean the immediate work area and remove all trash, rubbish, and/or waste materials generated during performance of this contract. COR shall inspect equipment and equipment spaces for cleanliness.

1. Debris, rubbish, and recyclable material resulting from work under this Contract may be disposed of on ALEDA E. LUTZ VA MEDICAL CENTER property at the direction of the COR or off site at the option of the Contractor. The Contractor must dispose of all hazardous waste in accordance with the Resource Conservation and Recovery Act and its associated state and local regulations.

PART V – Gray Market Prevention

A. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. No remanufactures or gray market items shall be acceptable. Contractor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed supplies, equipment, and/or services provided. Verification by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the supplies, equipment and/or services contracts for maintenance of equipment shall be in accordance with the OEM terms and conditions. The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at VA’s election, allowing the Contractor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA Health Care System upon discovery of such items.

Part VII - PAYMENT FOR WORK NOT COVERED UNDER THE CONTRACT

1. CO must approve in advance all service and or repairs not covered under this Contract. Contractor shall prepare an estimate of parts, labor, transportation, and shipping costs. Contractor shall not proceed with such work without the written consent of the CO. If approved, CO or COR shall issue a separate Purchase Order (PO) in advance of undertaking such work. No invoice will be paid without prior approval and specific Purchase Order issued in advance of work.

Part VIII – PLACE OF PERFORMANCE:

Saginaw VA Medical Center 1500 Weiss Street Saginaw, MI 48602

PART IX – SUPPORTING INFORMATION

1. Normal duty hours of the Saginaw VA Medical Center are 7:00 a.m. to 4:00 p.m. Monday through Friday.

1. All routine scheduled work shall be performed during regular working hours of regular working days 7:00 a.m. to 4:00 p.m. excluding Federal holidays, unless specifically instructed otherwise by the COR.

1. The following are legal public holidays in effect for the term of this contract. Scheduled contract performance falling on one of these days shall be rescheduled during a regular workday preceding or following the holiday.

36C25025Q0218 Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

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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)

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 of contract expiration; 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 years.

(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).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

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

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

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

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

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

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

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

(End of Clause) C.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, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

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

C.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 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (FEB 2023)

(a) Definitions. As used in this clause— Information technology has the same meaning in FAR 2.101 and also means Information and Communication Technology (ICT).

Information system security plan means a formal document that provides an overview of the security requirements for an information system and describes the security controls in place or planned for meeting those requirements.

(b) Responsibilities. The Contractor shall be responsible for information system security for all systems connected to a Department of Veterans Affairs (VA) network or operated by the Contractor for VA, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or other system access to VA information that directly supports the mission of VA. Examples of tasks that require security provisions include—

(1) Hosting of VA e-Government sites or other information technology operations;

(2) Acquisition, transmission, or analysis of data owned by VA with significant replacement cost should the contractor’s copy be corrupted; and

(3) Access to VA general support systems/ major applications at a level beyond that granted the general public, e.g., bypassing a firewall.

(c) Information system security plan. The Contractor shall develop, provide, implement, and maintain an Information System Security Plan. VA information systems must have an information system security plan that provides an overview of the security requirements for the system and describes the security controls in place or the plan for meeting those requirements.