36C25525Q0055.docx
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- Solicitation number
- 36C25525Q0055
About this file
This document is a Request for Quotes (RFQ) solicitation for Solid Waste Removal and Recycling Removal services at the Kansas City VAMC. The government intends to award a single award, five-year Indefinite Delivery Indefinite Quantity (IDIQ) contract. This solicitation is 100% set-aside for Service Disabled Veteran Owned Small Businesses. Key details include:
- The government requires a contractor to provide all waste containers, transport refuse to approved landfills, and provide additional dump services upon request. Contractor must also remove any residual waste and clean the area after each pickup.
- The solicitation includes a Performance Work Statement detailing the services required at various buildings on the VAMC campus. Pricing is requested for regularly scheduled and on-call pickups of containers ranging from 4 to 42 cubic yards.
- Offers are due by December 4, 2024 at 10:00 AM CST. The contract period is January 1, 2025 through December 31, 2029. Evaluation criteria include price, technical capability, and past performance.
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36C25525Q0055
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
589-25-1-1844-0002 36C25525Q0055 11-18-2024 Buchanan, Lisa A/lisa.buchanan1@va.gov 913-946-1990 12-04-2024
10:00 AM
CST
36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X X 562111 $47 Million Net 30 days N/A X Department of Veterans Affairs Kansas City VAMC 4801 East Linwood Blvd Kansas City, MO 64128 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 This is a request for quotes to provide Solid Waste Removal and Recycling Removal for the Kansas City VAMC. For specific location see Performance of Work Statement.
1. The Government intends to award a single award Indefinite Delivery Indefinite Quantity (IDIQ) five- year contract.
Individual bulk funded task orders will be issued by the
NCO 15
Contracting Office,
2. This solicitation is 100% Set-Aside for Service Disabled Veteran Owned Small Business.
3. All questions are due no later than 10:00AM, Monday November 25, 2024 to Lisa Buchanan at lisa.buchanan1@va.gov.
4. Please see Price Schedule and Performance Work Statement for more detail.
5. Evaluation Criteria: Price, Technical Capability and Past Performance.
See CONTINUATION Page See accounting and appropriation data X x One(1) Buchanan, Lisa A Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PERFORMANCE WORK STATEMENT | 5 |
| B.3 PRICE/COST SCHEDULE | 9 |
| ITEM INFORMATION | 9 |
| B.4 ADDITIONAL CONTRACT ADMINISTRATION DATA | 30 |
| SECTION C - CONTRACT CLAUSES | 33 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS | 33 |
| C.3 52.216-18 ORDERING (AUG 2020) | 34 |
| C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) | 34 |
| C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 35 |
| C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 35 |
| C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 36 |
| C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 36 |
| C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 36 |
| C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 39 |
| C.11 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018) | 41 |
| C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 41 |
| C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 42 |
| C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 43 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 52 |
| D.1 WAGE DETERMINATIONS INCORPORATED BY REFERENCE | 52 |
| SECTION E - SOLICITATION PROVISIONS | 54 |
| E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023) | 54 |
| E.2 INSTRUCTIONS TO OFFERORS | 54 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 55 |
| E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 56 |
| E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 59 |
| E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 60 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 61 |
| E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 62 |
| E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 62 |
| E.10 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 63 |
| E.11 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 63 |
| E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) | 64 |
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 Buchanan, Lisa A
| 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:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] Monthly 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.
Department of Veterans Affairs Financial Services https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Page 1 of Page 1 of
B.2 PERFORMANCE WORK STATEMENT
SOLID WASTE REMOVAL
General: Contractor shall provide solid waste removal for the VA Medical Center, Kansas City, Missouri in accordance with the Statement of Work. No hazardous medical waste removal will be required.
Services To Be Provided by the Contractor:
a. Contractor shall provide all waste containers. Contractor provided containers shall be of commercial quality used regularly at other similar commercial activities in the community. Quality and type of contractor provided containers will be subject to the approval of the Contracting Officer.
b. Contractor shall provide all transport of refuse from VA Medical Center to approved landfills. Contractor shall maintain licenses and/or permits required by federal, state and local laws/regulations.
c. Contractor provided containers shall come in the following cubic yard sizes: 4, 6, 20, 25, 35, 40, and 42. The 4 and 6 cubic yard containers shall have lids. The 20 and 40 cubic yard containers shall be open construction type. The 25, 35, and 42 cubic yard receiver containers shall be compatible with VAMC owned compactors. All necessary items incidental to hook-up with VA equipment shall be furnished by the contractor.
d. All contractor provided containers shall be cleaned and sanitized prior to placement at VAMC. The contractor shall immediately exchange contractor provided containers at no cost to the VAMC due to containers being placed into service which are dirty or foul smelling. Contractor shall clean and sanitize the 6 cubic yard containers as requested by the Contracting Officer or Contracting Officer Technical Representative within 16 hours after telephone notification at the prices outlined in the price schedule. The 25 cubic yard container shall be cleaned and sanitized each time it is dumped.
e. Contractor shall provide additional dumps of containers upon request of the Contracting Officer or Contracting Officer Technical Representative. The cost per additional dump shall be the same as the regularly scheduled dumps. Response time shall be within 16 hours after notification.
f. All residual waste from container spillage caused by the contractor shall be picked up by the contractor prior to leaving the area. The area shall be left "broom clean".
g. Broken or damaged containers shall be replaced within twenty-four (24) hours of notification.
Other Terms and Conditions
a. Pick-up Hours: All container pickups shall be accomplished during the hours of 6:00 AM to 4:30 PM (holidays not included); however, special pickups may be requested by the VA on any day of the week at any hour. The following day after a holiday must be the replacement day, if the normal pickup day falls on a holiday.
b. Replacement Containers: Contractor must furnish empty containers to be left at the time of each dump for the 42 cubic yard container at the back dock of Building 1; the 35 cubic yard container at Building 6; and the 4 cubic yard containers at Building 15,56,58. All replacement containers shall be steam cleaned and sanitized when placed into service. The contractor shall return the 25 cubic yard self-contained container the same day it is dumped, but under no circumstances shall it be out of service for more than 4 hours.
c. Maintenance: Contractor shall provide full maintenance of containers furnished to the VAMC.
d. Weigh Slips: Contractor shall provide weigh slips for each dump within seven (7) calendar days after service. Failure of the contractor to provide weigh slips in a timely manner may result in the Government withholding payments until received.
e. Recycled Material: The contractor shall remove all items for recycling from the medical center's waste. The 42 cubic yard container at Building #1 and at Building #6 has cardboard, and the 4 cubic yard container at Building #15 has office paper. The contractor shall credit the VAMC with all proceeds obtained from Recycling Center(s) for the above listed items within 45 days of dump. The proceeds shall also be reflected in the original statement(s) from the Recycling Center(s), which must include item recycled, date of dump, weight of dump and the selling price of the item.
f. Quantities: Container quantities and size requirements may change with government program adjustments. If the government's requirements decrease in container size, this fact shall constitute the basis for an equitable price adjustment.
g. Start-up: Contractor must be prepared to commence work no later than 15 calendar days after award.
h. Payment: Billing periods will be monthly. Contractor shall submit a monthly-itemized invoice in arrears. Invoice shall clearly show the date(s) of service, the containers that were dumped, and any credits received for recycled products.
| Description |
| Per Pick Up |
a.
Bldg 1 – 25 cubic yard compactor compatible with VAMC compactors Empty Tuesday and Friday (Contains Waste Product) b.
Bldg 1 – 20 cubic yard container open construction type On-Call (Contains Construction Waste) c.
Bldg 1 – 42 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
| d |
| Building 2 - 6 Cubic Yard Container Empty Mon and Thurs (Contains Waste Product) |
e.
Bldg 3 – 6 cubic yard container with lid Empty Thursday f.
Bldg 4 – 6 cubic yard container with lid
(Contains Waste Products)
| g. |
| Building 5 - 4 6 Cubic Yard Container Empty Thurs (Contains Waste Product) |
h.
Bldg 6 – 35 Cubic Yard Compactor compatible with VAMC compactors i.
Bldg 6 – 42 Cubic Yard Container open construction type
(Contains Construction Product)
| j. |
| Bldg 56 (Liberty) – 4 cubic yard container with lid |
(Bi-weekly on Thursday)
| k. |
| Bldg 58 (Fisher House) – 4 cubic yard container with lid |
l.
Bldg 15 – 4 cubic yard container with lid
| m. |
| Honor Annex 4 Cubic Yard Container Empty Mon and Thurs (Contains Waste Product) |
| n. |
| Radiation Therapy Clinic 4 Cubic Yard Container Empty Mon and Thurs (Contains Waste Product) 0012 |
| o. |
| Excelsior Springs CBOC 4 Cubic Yard Container Empty Mon and Thurs (Contains Waste Product) |
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 25 cubic yard compactor compatible with VAMC compactors Empty Tuesday and Friday (contains Waste Product) EST 8 Per Month; On -Call EST 2 Per Month Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection
| 4.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 20 cubic yard container open construction type On-Call: Est 4 Per Month (Contains Construction Waste)
Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 3.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 42 Cubic yard compactor compatible with VAMC compactors On-Call: Est 3 Per Month (Contains Cardboard Product)
Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 2- 6 Cubic yard Container Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 3 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 4 – 6 cubic yard container with lid Empty Thursday : Est 4 per Month; On-call: Est 1 Per Month (Contains Waste Product) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 5- 46 Cubic Yard Container
(Contains Waste Product) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 35 Cubic yard compactor compatible with VAMC compactors On-Call: Est 2 Per Month (Contains Cardboard Product)
Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 42 Cubic yard container open construction type
(Contains Construction Waste) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 56 (Liberty) - 4 cubic yard container with lid Bi-weekly on Thursday) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 58 (Fisher House) - 4 cubic yard container with lid Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 15 - 4 cubic yard container with lid Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 10.00 |
| EA |
| ________________ |
| ________________ |
Honor Annex 4 Cubic yard container Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 10.00 |
| EA |
| ________________ |
| ________________ |
Radiation Therapy Clinic
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 10.00 |
| EA |
| ________________ |
| ________________ |
Excelsior Springs CBOC 4 Cubic Yard container Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period One POP Begin: 01-01-2025 POP End: 12-31-2025
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 25 cubic yard compactor
Empty Tuesday and Friday (contains Waste Product) EST 8 Per Month; On -Call EST 2 Per Month Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 4.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 20 cubic yard container open construction type
(Contains Construction Waste)
Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 3.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 42 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 2- 6 Cubic yard Container
(Contains Waste Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 3 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 4 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 5- 46 Cubic Yard Container
(Contains Waste Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 35 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 42 Cubic yard container open construction type
(Contains Construction Waste) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 56 (Liberty) - 4 cubic yard
Bi-weekly on Thursday) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 58 (Fisher House) - 4 cubic yard container with lid Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 15 - 4 cubic yard container with lid Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 10.00 |
| EA |
| ________________ |
| ________________ |
Honor Annex
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 10.00 |
| EA |
| ________________ |
| ________________ |
Radiation Therapy Clinic
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 10.00 |
| EA |
| ________________ |
| ________________ |
Excelsior Springs CBOC
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 2 POP Begin: 01-01-2026 POP End: 12-31-2026
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 25 cubic yard compactor
Empty Tuesday and Friday (contains Waste Product) EST 8 Per Month; On -Call EST 2 Per Month Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 4.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 20 cubic yard container open construction type
(Contains Construction Waste)
Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 3.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 42 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 2- 6 Cubic yard Container
(Contains Waste Product) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 3 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 4 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 5- 46 Cubic Yard Container
(Contains Waste Product) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 35 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 42 Cubic yard container open construction type
(Contains Construction Waste) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 56 (Liberty) - 4 cubic yard
Bi-weekly on Thursday) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 58 (Fisher House) - 4 cubic yard container with lid Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 15 - 4 cubic yard container with lid Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 10.00 |
| EA |
| ________________ |
| ________________ |
Honor Annex
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 10.00 |
| EA |
| ________________ |
| ________________ |
Radiation Therapy Clinic
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 10.00 |
| EA |
| ________________ |
| ________________ |
Excelsior Springs CBOC
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 3 POP Begin: 01-01-2027 POP End: 12-31-2027
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 25 cubic yard compactor
Empty Tuesday and Friday (contains Waste Product) EST 8 Per Month; On -Call EST 2 Per Month Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 4.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 20 cubic yard container open construction type
(Contains Construction Waste)
Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 3.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 42 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 2- 6 Cubic yard Container
(Contains Waste Product) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 3 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 4 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 5- 46 Cubic Yard Container
(Contains Waste Product) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 35 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 42 Cubic yard container open construction type
(Contains Construction Waste) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 56 (Liberty) - 4 cubic yard
Bi-weekly on Thursday) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 58 (Fisher House) - 4 cubic yard container with lid Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 15 - 4 cubic yard container with lid Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 10.00 |
| EA |
| ________________ |
| ________________ |
Honor Annex
Empty Monday and Thursday (Contains Waste Product) Contract Period: Option 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 10.00 |
| EA |
| ________________ |
| ________________ |
Radiation Therapy Clinic
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 10.00 |
| EA |
| ________________ |
| ________________ |
Excelsior Springs CBOC
Empty Monday and Thursday (Contains Waste Product) Contract Period: Ordering Period 4 POP Begin: 01-01-2028 POP End: 12-31-2028
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 25 cubic yard compactor
Empty Tuesday and Friday (contains Waste Product) EST 8 Per Month; On -Call EST 2 Per Month Contract Period: Ordering Period 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 4.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 20 cubic yard container open construction type
(Contains Construction Waste)
Contract Period: Ordering Period 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 3.00 |
| EA |
| ________________ |
| ________________ |
Bldg 1 – 42 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
Contract Period: Ordering Period 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 10.00 |
| EA |
| ________________ |
| ________________ |
Bldg 2- 6 Cubic yard Container
(Contains Waste Product) Contract Period: Ordering Period 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 3 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 5
POP Begin: 01-01-2029 POP End: 12-31-2029
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 4 – 6 cubic yard container with lid
(Contains Waste Product) Contract Period: Ordering Period 5
POP Begin: 01-01-2029 POP End: 12-31-2029
| 5.00 |
| EA |
| ________________ |
| ________________ |
Bldg 5- 46 Cubic Yard Container
(Contains Waste Product) Contract Period: Ordering Period 5
POP Begin: 01-01-2029 POP End: 12-31-2029
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 35 Cubic yard compactor compatible with VAMC compactors
(Contains Cardboard Product)
Contract Period: Ordering Period 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 6 – 42 Cubic yard container open construction type
(Contains Construction Waste) Contract Period: Ordering Period 5
POP Begin: 01-01-2029 POP End: 12-31-2029
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 56 (Liberty) - 4 cubic yard
Bi-weekly on Thursday) Contract Period: Ordering Period 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 58 (Fisher House) - 4 cubic yard container with lid Contract Period: Ordering Period 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 2.00 |
| EA |
| ________________ |
| ________________ |
Bldg 15 - 4 cubic yard container with lid Contract Period: Ordering Period 5
POP Begin: 01-01-2029 POP End: 12-31-2029
| 10.00 |
| EA |
| ________________ |
| ________________ |
Honor Annex
Empty Monday and Thursday (Contains Waste Product) Contract Period: Option 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 10.00 |
| EA |
| ________________ |
| ________________ |
Radiation Therapy Clinic
Empty Monday and Thursday (Contains Waste Product) Contract Period: Option 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| 10.00 |
| EA |
| ________________ |
| ________________ |
Excelsior Springs CBOC
Empty Monday and Thursday (Contains Waste Product) Contract Period: Option 5 POP Begin: 01-01-2029 POP End: 12-31-2029
| GRAND TOTAL |
| ________________ |
B.4 ADDITIONAL CONTRACT ADMINISTRATION DATA
All contract administration functions will be retained by the Department of Veterans Affairs. The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
Acronyms and Definitions CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.
CLIN: Contract Line Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.
CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
POC: An individual, authorized by the contracting officer to perform specific technical or administrative functions related to the contract.
QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.
QASP: Quality Assurance Surveillance Plan. A written document specifying the method used for surveillance of contractor performance.
PWS: Performance Work Statement.
Personnel
1. Non-Personal Services
a. This is a non-personal services contract. Personnel rendering services under this contract are not subject either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. The Government shall not exercise any supervision or control over the contract service providers performing services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.
2. Contractor Compliance with the Immigration and Nationality Act of 1952
a. The Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals.
Hours of Operations Business hours for the VAMC follow:
a. Administrative hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.
· National Holidays: The 10 holidays observed by the Federal Government are:
· New Year’s Day;
· Martin Luther King’s Birthday;
· Presidents Day;
· Memorial Day;
· Juneteenth;
· Independence Day;
· Labor Day;
· Columbus Day;
· Veterans Day;
· Thanksgiving;
· Christmas; and
· any other day specifically declared by the President of the United States to be a national holiday.
b. Off-Duty hours: Monday through Sunday 4:30 pm – 8:00 am.
Quality Control
1. CONTRACT PERFORMANCE MONITORING. The COR may perform surveillance of services by any of the methods listed below:
a. Observing actual performance;
b. Inspecting the services to determine whether or not the performance meets the performance standards; and
c. Review of any other appropriate records.
2. When unacceptable performance occurs, the COR shall inform the Contractor and the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.
3. Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer representative(s); The Government shall periodically evaluate the Contractor performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The Government representative(s) shall evaluate the Contractor performance through inspections of observations, inspection of services or any other form of documentation and all complaints from VA personnel. The Government may inspect as each task is completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The Government Contracting Officer shall make final determination of the validity of customer complaint(s).
4. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may –
a. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.
Contract Security
“The C&A requirements do not apply and a Security Accreditation Package is not required”.
SECTION C - CONTRACT CLAUSES
| FAR Number |
| Title |
| Date |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| NOV 2023 |
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| AUG 2020 |
| 52.223-2 |
| REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS |
| MAY 2024 |
| 52.223-5 |
| POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION |
| MAY 2024 |
| 52.228-5 |
| INSURANCE—WORK ON A GOVERNMENT INSTALLATION |
| JAN 1997 |
| 52.237-2 |
| PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION |
| APR 1984 |
| 52.237-3 |
| CONTINUITY OF SERVICES |
| JAN 1991 |
C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)
C.3 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 January 1, 2025 through December 31, 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.4 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 $50.00, 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 the total amount of the contract value;
(2) Any order for a combination of items in excess of the total amount of the contract value; or
(3) A series of orders from the same ordering office within 2 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 5 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.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 December 31, 2029.
(End of Clause)
C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.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.
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