36C25524R0078.docx

36C25524R0078

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

589-24-3-5329-0022 36C25524R0078 05-06-2024 Albert(Al) Cheeks|albertcheeksJr@va.gov 913-946-1957 05-23-2024 12:00pm

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 X X 561730 $9.5 Million Net 30 Days N/A X 589A4 Harry S. Truman VA Medical Center 800 Hospital Drive Columbia

MO

65201 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 See CONTINUATION Page The Columbia VA Medical Center has a requirement for Landscaping improvements to include treatment and fertilization at the Harry S. Truman Memorial Veterans' Hospital location.

The government intends to award a five(5) year IDIQ contract with five(5), twelve(12) month ordering periods resulting from this solicitation.

Point of Contact: Albert (Al) Cheeks, Email: albert.cheeksJr@va.gov.

Submissions will be evaluated on Lowest Price Technically Acceptable which is deemed responsible in accordance with

FAR 15.101-2.

See the Statement of Work for detailed information.

See CONTINUATION Page X X X One(1) Aubrey Visocsky

VA-VHA-RPOC-2024-0029

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255 Aubrey Visocsky | Aubrey.Visocsky@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

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:

SECTION B.2 – Statement of Work

DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER

Truman VA, Columbia, MO

Landscaping and Fertilization Program

1. Introduction:

A. This Statement of Work (SOW) describes the requirements for landscaping improvements to include treatment and fertilization of vegetation, grass and trees/shrubs, maintenance and repair of the irrigation system, and vegetation pruning and care at Harry S. Truman Memorial Veterans’ Hospital (HSTMVH).

B. Work shall be performed during business hours, 0630-1630, Monday-Friday. Variations to this schedule may be possible for certain work when coordinated with Facilities Management. All work shall be coordinated with Facilities Management. Contractor shall schedule work two (2) weeks in advance to assure proper coordination with hospital personnel.

2. Qualifications of Contractors:

A. Contractors shall have experience in fertilization and lawn care services at healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years.

B. Contractors shall furnish all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I.

C. Contractors shall ensure all employees working on site have completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training and maintain all required certifications to apply pesticides and/or herbicides as necessary.

3. General Safety:

A. Many of the operations you are scheduled to perform may involve the use of hazardous materials. Prior to locating and/or using hazardous materials on site, all Safety Data Sheets (SDS) shall be submitted to the Contracting Officer’s Representative (COR) for evaluation by the facility Safety Officer.

B. Contractors are responsible for maintaining all required records for the chemicals, their use, and the licenses needed for application of those products.

C. Contractors shall keep all roads, sidewalks, and parking lots clean of all debris.

D. Contractors shall follow all federal, state and local safety and health regulations. Contractors shall provide their company’s safety policy addressing, at a minimum, the following:

1) Required use of PPE

2) Required chemical handling

3) Process to address spills or contamination

E. Application of weed killers, fertilizers, and pesticides shall occur only under fair climate conditions. Contractors shall post appropriate signs in areas of chemical use that could affect patients, staff or visitors.

F. Any ruts in lawn areas created by the contractor shall be repaired, filled, and sodded to match existing as required at contractor’s expense. Any other damage caused by the contractor shall be restored to “match existing” condition at the contractor’s expense.

4. General Information:

A. Contractors shall develop and maintain an effective quality control program to ensure services are performed in accordance with this statement of work. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective service. The quality control program is the means by which assurances of the work being completed complies with the requirement of the contract. The quality control program will be delivered to the contract COR within 21 calendar days of the contract award. After acceptance of the program, the contractor shall receive the COR’s acceptance in writing of any proposed change to his quality control system.

B. The Government will inspect and evaluate the contractor’s performance to ensure services are received in accordance with requirements set forth in the contract. The COR will be the individual primarily responsible for quality assurance. The COR may perform surveillance by direct observation, performance of weekly or bi-weekly inspections, or investigating customer complaints.

C. The contractor shall be responsible for safeguarding all contractor equipment and government property provided for contractor use. No equipment shall be left unattended with keys left in/on them or equipment left running with no one in attendance.

5. General Work Items:

A. Spring and fall pruning, trimming and hedging of all plants provided under this contract and those around the Fisher House.

B. Annual summer pruning event (June) of all plants provided under this contract and those around the Fisher House.

C. Annual re-mulching of beds around Fisher House and provided through this contract (April).

D. New irrigation system along Flag Drive in Area C

E. New irrigation system, top soil and seeing west side of main facility between CLC and Chiller Plant

F. Lawncare services and timeframe for service to be covered under this contract are listed in Appendix A.

Total square footage of green space at Truman VA = 114,000sf Total square footage of hard surface and gravel areas at Truman VA = 37,000sf

G. Landscaping renovations covered under this contract are listed in Appendix B, with associated drawings.

5. Reporting:

A. Provide complete written report of the work performed. Information shown in the report shall be as follows:

1) Company’s name, address, telephone & FAX numbers.

2) Name and signature of contractors who perform the maintenance and testing.

3) VA Work Contract Number, name and number of VA Contracting Officer.

4) Date and time of work.

5) Copies of contractors’ valid licenses, professional and training certificates.

6) Descriptions and model number of specialized tools and equipment used.

7) Location and type of equipment serviced.

8) Descriptions of work items.

9) Recommended corrective actions, if any.

B. Contractors shall report deficiencies that are deemed critical or catastrophic immediately to the Contracting Officer and COR for immediate actions.

The authorization requirements do not apply, a Security Accreditation Package is not required.

Appendix A

SECTION B.3 – Work to be performed

The following is a list of the lawn care services covered under this contract and their respective frequencies.

Vegetation Control Round #1 Late March – Early April

· Apply non-selective herbicide to all unwanted vegetation that has emerged throughout property (1 unit)

· Apply targeted pre-emergent to all gravel areas and known problem areas along buildings, ornamental beds, curbs and cracks in pavement to reduce unwanted vegetation growth of late summer annuals such as: ragweed, spurge, lambsquarter, goosegrass and fall panicum (1 unit)

Vegetation Control Round #2 May

· Apply non-selective herbicide to all unwanted vegetation that has emerged throughout property

· Apply targeted pre-emergent to all gravel areas and known problem areas along buildings, ornamental beds, curbs and cracks in pavement to reduce unwanted vegetation growth of winter annuals such as: henbit, chickweed, annual bluegrass, horseweed, and shepherd’s purse

Vegetation Control Round #3 July

· Apply non-selective herbicide to early season vegetation that has emerged throughout property (2 units)

· Apply blanketed pre-emergent to all gravel areas and known problem areas along buildings, curbs, and cracks in pavement to reduce unwanted vegetation growth (1 unit)

· Apply blanketed pre-emergent to all ornamental beds to reduce unwanted vegetation growth (1 unit)

Vegetation Control Round #4 September

· Apply non-selective herbicide to all unwanted vegetation that has emerged throughout property (1 unit)

· Apply targeted pre-emergent to all gravel areas and known problem areas along buildings, ornamental beds, curbs and cracks in pavement to reduce unwanted vegetation growth of summer annuals such as: black medic, crabgrass, witchgrass, sandbur, and yellow foxtail (1 unit)

Turf Grass Application #1 March – April

· Apply targeted post emergent herbicide to broadleaf and grassy weeds / winter annuals (20gal)

· Apply blanketed balanced fertilizer (such as 22-3-11) to all turfgrass areas throughout property to encourage root growth, late fall color an counteract acids in soil due to leaf drop (347lb)

Turf Grass Application #2 (457lb) April – May

· Apply blanketed herbicide to reduce winter annuals and prevent germination of early season dandelions

· Apply blanketed balanced fertilizer (such as 19-19-19) to all turfgrass areas throughout property to encourage establishment of new grass, increase root growth and early season green-up

Turf Grass Application #3 (457lb) May – June

· Apply blanketed pre-emergent herbicide to all turfgrass areas throughout property to prevent weed germination

· Apply blanketed fertilizer with high nitrogen content (such as 10-0-3) to all turfgrass areas throughout property to encourage healthy early season growth and darker color

Turf Grass Application #4 (83.2gal) September

· Apply blanketed post emergent herbicide targeting broadleaf and grassy weeds

· Apply blanketed fertilizer with high nitrogen content (such as 30-0-0) to all turfgrass areas throughout property to encourage thick turf and darker color, helping with drought tolerance

Turf Grass Application #5 (40gal) October – November

· Apply targeted post emergent herbicide to broadleaf and grassy weeds / summer annuals

· Apply blanketed fertilizer with high nitrogen content (such as 15-0-4) to all turfgrass areas throughout property to protect against nutrient deficiencies due to heat and drought stress

· Apply insecticide targeting grub worm larvae to prevent damage to root system

Turf Grass Lime Application (820lb) September – November

· Apply blanketed application of lime to all turfgrass areas to balance PH levels in soil and promote healthy growth

Core Aeration and Over-Seeding September – November

· Perform a core aeration to all turfgrass areas on entire property to increase oxygenation and moisture penetration to root system of grass, as well as assist in the decomposition of thatch (114,000sf)

· Apply blanketed application of blended turf type tall fescue seed at no less than 4lbs per 1000 sq. ft. (573lb)

Tree and Shrub Application #1 Late March – Early April

· Apply root zone fertilization drench to all ornamental trees and shrubs throughout property including potted plants to promote healthy root growth, early season color and tolerance to stressors such as insects and early frost (325gal)

Tree and Shrub Application #2 June

· Apply root zone fertilization drench to all ornamental trees and shrubs throughout property including potted plants to promote healthy growth, color and tolerance to stressors such as drought and heat (325gal)

Tree and Shrub Application #3 September

· Apply blanketed application of lime to all turfgrass areas to balance PH levels in soil and promote healthy growth (122gal)

Tree and Shrub Application #4 (122gal) October

· Apply insecticide to all ornamental trees and shrubs throughout property including potted plants to prevent damage from insects

· Apply disease control to all ornamental trees and shrubs throughout property to prevent abiotic diseases in plants

Sweetgum Tree Growth Regulator Injections

· Administer plant growth regulator injections to sixteen (16) sweetgum trees to reduce production of gumballs. Inject (indole-3-butyric acid) using microinjections into soft tissue of tree right before annual bloom (1 unit)

B.4 – VA Hospital Site Landscape

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Estimated: The contractor shall provide all labor and supervision required to maintain grass, remove weeds, seeding and cutting of the lawn, edging and blowing the grass from the sidewalks/road, fertilization of the lawn twice per year, removal of fallen leaves, removal of dead trees/shrubs/limbs/debris from the grounds.

Lawn cutting and edging will occur weekly, on a schedule agreed to by both parties. Hedge/tree trimming will occur based on their natural growth habits.

Compensation for skipped butting and edging (due to weather, slow growth, etc.) will be applied to other grounds projects to be determined by the facility.

There will be a suspense or work during December, January, and February due to no grass needing to be cut during those time periods.

Contract Period: Base POP Begin: 05-24-2024 POP End: 05-23-2025

Spring and fall pruining, trimming and hedging of all plants including those around the Fisher House.

Contract Period: Base

Annual summer pruning event (June) of all plants including those around the Fisher House.

Annual re-mulching of beds around Fisher House (April)

New irrigation system along Drive in Area C

New irrigation system, top soil and seeing west side of main facility between CLC and Chiller Plant

Lawncare Services: Total Square footage of green space at Truman VA = 114,000 sq ft. Total Square footage of hard surface and gravel at Truman VA = 37,000sf.

POP Begin: 05-24-2024

As specifically outlined in the attached Statement of Work

Landscaping renovation: See associated drawings.

Estimated: The contractor shall provide all labor and supervision required to maintain grass, remove weeds, seeding and cutting of the lawn, edging and blowing the grass from the sidewalks/road, fertilization of the lawn twice per year, removal of fallen leaves, removal of dead trees/shrubs/limbs/debris from the grounds.

Lawn cutting and edging will occur weekly, on a schedule agreed to by both parties. Hedge/tree trimming will occur based on their natural growth habits.

Compensation for skipped butting and edging (due to weather, slow growth, etc.) will be applied to other grounds projects to be determined by the facility.

There will be a suspense or work during December, January, and February due to no grass needing to be cut during those time periods.

Contract Period: Option 1 POP Begin: 05-24-2025 POP End: 05-23-2026

Spring and fall pruining, trimming and hedging of all plants including those around the Fisher House.

Contract Period: Option 1

Annual summer pruning event (June) of all plants including those around the Fisher House.

Annual re-mulching of beds around Fisher House (April)

New irrigation system along Drive in Area C

New irrigation system, top soil and seeing west side of main facility between CLC and Chiller Plant.

Lawncare Services: Total Square footage of green space at Truman VA = 114,000 sq ft. Total Square footage of hard surface and gravel at Truman VA = 37,000sf.

Landscaping renovation: See associated drawings.

Estimated: The contractor shall provide all labor and supervision required to maintain grass, remove weeds, seeding and cutting of the lawn, edging and blowing the grass from the sidewalks/road, fertilization of the lawn twice per year, removal of fallen leaves, removal of dead trees/shrubs/limbs/debris from the grounds.

Lawn cutting and edging will occur weekly, on a schedule agreed to by both parties. Hedge/tree trimming will occur based on their natural growth habits.

Compensation for skipped butting and edging (due to weather, slow growth, etc.) will be applied to other grounds projects to be determined by the facility.

There will be a suspense or work during December, January, and February due to no grass needing to be cut during those time periods.

Contract Period: Option 2 POP Begin: 05-24-2026 POP End: 05-23-2027

Spring and fall pruining, trimming and hedging of all plants including those around the Fisher House.

Contract Period: Option 2

Annual summer pruning event (June) of all plants including those around the Fisher House.

Annual re-mulching of beds around Fisher House (April)

New irrigation system along Drive in Area C

New irrigation system, top soil and seeing west side of main facility between CLC and Chiller Plant.

Lawncare Services: Total Square footage of green space at Truman VA = 114,000 sq ft. Total Square footage of hard surface and gravel at Truman VA = 37,000sf.

Landscaping renovation: See associated drawings.

Estimated: The contractor shall provide all labor and supervision required to maintain grass, remove weeds, seeding and cutting of the lawn, edging and blowing the grass from the sidewalks/road, fertilization of the lawn twice per year, removal of fallen leaves, removal of dead trees/shrubs/limbs/debris from the grounds.

Lawn cutting and edging will occur weekly, on a schedule agreed to by both parties. Hedge/tree trimming will occur based on their natural growth habits.

Compensation for skipped butting and edging (due to weather, slow growth, etc.) will be applied to other grounds projects to be determined by the facility.

There will be a suspense or work during December, January, and February due to no grass needing to be cut during those time periods.

Contract Period: Option 3 POP Begin: 05-24-2027 POP End: 05-23-2028

Spring and fall pruining, trimming and hedging of all plants including those around the Fisher House.

Contract Period: Option 3

Annual summer pruning event (June) of all plants including those around the Fisher House.

Annual re-mulching of beds around Fisher House (April)

New irrigation system along Drive in Area C

New irrigation system, top soil and seeing west side of main facility between CLC and Chiller Plant.

Lawncare Services: Total Square footage of green space at Truman VA = 114,000 sq ft. Total Square footage of hard surface and gravel at Truman VA = 37,000sf.

Landscaping renovation: See associated drawings.

Estimated: The contractor shall provide all labor and supervision required to maintain grass, remove weeds, seeding and cutting of the lawn, edging and blowing the grass from the sidewalks/road, fertilization of the lawn twice per year, removal of fallen leaves, removal of dead trees/shrubs/limbs/debris from the grounds.

Lawn cutting and edging will occur weekly, on a schedule agreed to by both parties. Hedge/tree trimming will occur based on their natural growth habits.

Compensation for skipped butting and edging (due to weather, slow growth, etc.) will be applied to other grounds projects to be determined by the facility.

There will be a suspense or work during December, January, and February due to no grass needing to be cut during those time periods.

Contract Period: Option 4 POP Begin: 05-24-2028 POP End: 05-23-2029

Spring and fall pruining, trimming and hedging of all plants including those around the Fisher House.

Contract Period: Option 4

Annual summer pruning event (June) of all plants including those around the Fisher House.

Annual re-mulching of beds around Fisher House (April)

New irrigation system along Drive in Area C

New irrigation system, top soil and seeing west side of main facility between CLC and Chiller Plant.

Lawncare Services: Total Square footage of green space at Truman VA = 114,000 sq ft. Total Square footage of hard surface and gravel at Truman VA = 37,000sf.

Landscaping renovation.

B.3 DELIVERY SCHEDULE

VA Medical Center 800 Hospital Drive Columbia, MO 65201

USA

2.00

1.00

1.00

1.00

1.00

1.00

1.00

40.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

40.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

40.00

2.00

1.00

1.00

1.00

1.00

1.00

1.00

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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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 05/24/2024 through 05/23/2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $86,613.00;

(2) Any order for a combination of items in excess of $86,613.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-20 DEFINITE QUANTITY (OCT 1995)

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 05/23/2029..

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 05/23/2029. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 05/23/2029, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 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.8 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.9 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.10 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.11 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations…