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Summary of Solicitation 36C25526Q0121

This is a Request for Quote (RFQ) from the Department of Veterans Affairs' Network Contracting Office (NCO) 15 for a Mobile Pharmacy Trailer for pharmaceutical compounding services. The solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) with a budget of $47 million. The contracting officer is Jon Lutmer (jonathan.lutmer@va.gov; 913-946-1118). Questions are due February 19, 2026 at 11:00 AM Central Time, and the RFQ closes March 2, 2026 at 11:00 AM Central Time. The trailer will be delivered to Kansas City VA Medical Center, 4801 East Linwood Boulevard, Kansas City, MO 64128, and must be delivered within 14 days of award and fully operational within 5 weeks thereafter.

The contractor must provide a USP 797/800 compliant mobile intravenous preparation trailer with environmental control systems (60-66°F temperature, 30-60% humidity, specified pressure ranges), two laminar airflow hoods for non-hazardous compounding, two biological safety cabinets for hazardous compounding, two refrigerators, pass-throughs with HEPA filtration, stainless steel surfaces, and utility connections. The base contract term is one year with four one-year option periods. The contractor must provide 24/7 support with emergency response within four hours and non-emergency response within 24 hours, maintain 98% uptime, perform semi-annual deep cleaning and annual terminal cleaning, provide CCTV security monitoring with 30-day DVR capability, maintain all certifications, and conduct decommissioning at contract end. Pricing includes installation/field assistance (Item 0002), 12 monthly rental payments for base year and each option year (Items 0003, 1001-4001), warranty and contingency services (Item 0001), and decommissioning labor (Item 4002). Evaluation criteria include SDVOSB certification status, technical capabilities, past performance, and price. All offers must be submitted electronically via email and include a signed SF 1449, completed Section B.1 with UEI and point of contact, Section B.3 price schedule, detailed pricing, and signed limitations on subcontracting certification.

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36C25526Q0121 0001.pdf PDF
CAMPUS MAP PHARMACY TRAILER 10_20_25.pdf PDF

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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

36C25526Q0121 2/12/2026

Jon Lutmer Jonathan.lutmer@va.gov 913-946-1118 03-02-2026

11AM CST

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

Leavenworth KS 66048

X 100

X

532120

$47 Million

N/A

Kansas City VA Medical Center 4801 East Linwood Blvd

Kansas City MO 64128

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15

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

Mobile Pharmacy Trailer for Pharmaceutical Compounding

See Section B.2 for details

Evaluation factors for SDVOSB set aside

1) SDVOSB Certification

2) Technical Capabilities

3) Past Performance

4) Price

All requirements must be submitted as instructed in “Addendum

52 212 1To 52.212-1 Instructions to Offerors” Listed in section E.2

Questions Due 2/19/2026 @11AM Central Time

Request for Quote Due 3/2/2026 @11AM Central Time

See CONTINUATION Page

X One

Jon Lutmer Contracting Officer

36C25526Q0121

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 Statement of Work

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 22

C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

C.8 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.10 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION) ALTERNATE I (NOV 2025)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 47

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

CAMPUS MAP PHARMACY TRAILER

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

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

Department of Veterans Affairs

Network Contracting Office (NCO) 15

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

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

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

AMENDMENT NO DATE

B.2 Statement of Work

Purpose

The Mobile Compounding Pharmacy Trailer will allow Department of Veterans Affairs (VA) Pharmacy employees to prepare pharmaceutical compounded sterile preparations (CSPs) that meet the standards of the United States Pharmacopoeia (USP) Chapter 797 and Pharmaceutical Compounding-Sterile

Preparations and Chapter USP 800.

Background

The sterile preparation of intravenous medications is a vital component of inpatient pharmacy services.

Currently, the existing pharmacy is under renovation. In the meantime, a Mobile Pharmacy Trailer, also known as a Mobile Intravenous Therapy (I.V.) Preparation Trailer, will be temporarily installed to fulfill the requirements of the hospital.

Scope of Work

The Contractor shall provide all labor, equipment, materials, supervision, test equipment, repair/replacement parts, travel, and transportation necessary for the initial installation and ongoing support of a USP 797/800 compliant mobile IV (Intravenous Therapy) preparation self-contained trailer.

This includes:

Initial Set-Up: Delivery and installation of the mobile IV preparation trailer; connection to required utilities; initial testing and certification to ensure USP 797/800 compliance; training for designated facility staff; and provision of all operational and compliance documentation.

Continuing Maintenance and Support: Emergency response to service calls; scheduled preventive maintenance; repairs and upgrades to maintain USP 797/800 compliance; supply and installation of replacement parts; and maintenance of detailed service records with reporting after each visit.

Period of Performance

This contract shall be intended as a “Base-Plus-Four” contract; with a Base Period of one year and four one-year Option Periods.

Place of Performance

Kansas City VA Medical Center (KCVA) 4801 East Linwood Boulevard Kansas City, MO 64128

Hours of Operation

24-Hour per Day, 7 Days per Week. Emergency Response shall be provided 24 hours a day, 7 days a week, and 365 days a year.

General Requirements

1. Contractor Responsibilities: In addition to the other requirements contained herein or in other areas of solicitation and/or resultant contract, the contractor shall be responsible for the following:

a. The contractor should make an on-site visit prior to delivery to work with KCVA engineering staff for any pre-delivery issues (i.e., power, plumbing, water waste, remote monitoring, etc.) at no cost to KCVA. The contractor will also be responsible for transporting the Mobile Compounding Pharmacy Trailer to the site at the KCVA.

b. The Mobile Pharmacy Trailer shall be within the following dimensions:

44’ to 58’ in Length

8’ to 16’ in Width

c. The Mobile Compounding Pharmacy Trailer shall contain:

i. A workroom for up to 2 workstations

ii. Non-hazardous anteroom

iii. Non-Hazardous I.V. Preparation/Buffer room

iv. Hazardous anteroom

v. Hazardous I.V. Preparation/Buffer room

vi. Two laminar airflow hoods for non-hazardous compounding

vii. Two biological safety cabinets for hazardous compounding

viii. Two refrigerators

d. Warranty maintenance and service of the Mobile Compounding Pharmacy Trailer and equipment which shall include all preventative maintenance, service calls, transportation, parts, and labor.

e. All preventative maintenance, licensures, inspection, adjustments, calibrations, shall be current with no lapses or pending discrepancies. Note: The VA reserves the right to request copies of all documentation relating to the equipment. Evidence regarding performance of recommended maintenance shall be provided by the contractor upon request from the VA. The Vendor should provide all certifications initially and every six months.

f. The Mobile Compounding Pharmacy Trailer and equipment shall remain in place for the duration of the Base-Plus-Four contract.

g. The Mobile Compounding Pharmacy Trailer shall maintain proper temperature, humidity and pressure to ensure maximum operation, calibration, and care of equipment to ensure staff comfort and medication viability. The Contractor shall provide logs daily showing these ranges are being maintained.

h. HVAC System to maintain Mobile Compounding Pharmacy Trailer environmental systems:

i. Temperature range: 60° to 66° Fahrenheit

ii. Humidity: 30% to 60%

iii. Pressures:

1. Hazardous Drug Buffer Room: -0.01 to -0.03

2. Non-Hazardous Drug Buffer Room: 0.02 to 0.05

The Contractor shall allow KCVA to install Temp Trak sensors inside the trailer which monitor temperature, humidity and pressure inside the trailer. The sensors will be installed using an adhesive that can be removed upon completion of the contract.

i. Support shall be provided 24-Hours per Day, 7 Days per Week, with telephone technical support; telephone technical support shall be provided within one hour of the phone call requesting support being made by VA.

j. On-site emergency repair services within four hours of notification 24-Hours per Day, 7 Days per Week. The Contractor’s Service and Repair personnel should maintain constant communication with the Contracting Officer Representative (COR) concerning the status of the repairs so that the COR can notify other medical personnel of potential downtime affecting patient care. All repairs shall be conducted as soon as possible unless otherwise coordinated with the COR. These services (to include all travel, labor, per-diem, parts, and equipment) shall be managed and provided by the Contractor.

k. On-site non-emergency service within 24 hours of notification during normal business operations (Monday through Friday, 8am-5pm). The Contractor’s Service and Repair personnel shall maintain constant communication with the COR concerning the status of the repairs, allowing the COR to notify other medical personnel of potential downtime affecting patient care. All repairs shall be conducted during normal business hours (8am to 5pm) unless otherwise coordinated with the COR. These services (to include all travel, labor, per-diem, parts, and equipment) shall be managed and provided by the Contractor in accordance with the Maintenance Agreement.

l. Fire Alarm: The Contractor shall provide connections to allow a fire alarm to be connected to current KCVA fire systems. The contractor is responsible for making the connections and testing the system per National Fire Protection Association (NFPA).

m. Water Connections: The Contractor shall be responsible for making domestic water connections to the current water line that is at the trailer location. The Contractor will also be responsible for making connections to local sewer at current trailer location.

n. Power Requirements: KCVA currently has emergency power 480 Volt 3PH 250 amp disconnect within 100 feet of the trailer’s location. The Contractor shall provide cables and conduits from the disconnect to the trailer to connect all services required. Also provide a step-down transformer as needed to meet this requirement. The Contractor will also need to supply and/or install new breaker and electrical wire from the J-box to the main breaker panel inside the electrical room in the basement of the Valor Building.

o. The Mobile Compounding Pharmacy Trailer and equipment shall have an up-time (in-service) rate of 98% during the hours of operation.

p. Contractors should provide a deep clean every six months and provide completion documentation.

q. The Contractor shall perform annual terminal cleaning to the Mobile Compounding Pharmacy Trailer.

r. Decommissioning the Mobile Compounding Pharmacy Trailer: The Contractor shall be responsible for uninstalling all utilities and ensuring the site condition returns to the same state as prior to trailer installation.

2. Mobile Pharmacy Trailer Capabilities and Requirements:

a. The Mobile Compounding Pharmacy Trailer shall meet all USP 797/USP 800 requirements and shall be certified by a vendor other than the manufacturer of the unit.

b. There shall be pass-throughs equipped with a HEPA filtration air purge between the workroom and the hazardous and non-hazardous buffer rooms.

c. Shelving, Casework, and Work Surfaces shall be 300 series stainless steel.

d. Pharmacy Staff shall deactivate, decontaminate, and clean all areas where hazardous drugs are handled, and disinfect all sterile compounding areas daily. The ceiling, interior walls and floors of the interior spaces, and the pass through may be affected. These surfaces shall have minimal seams and crevices and be able to withstand appropriate deactivation, decontamination, disinfecting and cleaning agents.

e. Plumbing:

i. A stainless-steel sink should be available in each anteroom.

ii. Each station should include an emergency eyewash and emergency shower or drench hose.

iii. The trailer shall have a utility tap to receive water from a provided source. This tap shall receive water from a garden hose type connection.

f. Electrical Specifications:

i. Single Point connection.

ii. Shore power inputs are provided.

g. Data: The trailer shall be equipped with a patch panel with connections to the workroom and buffer rooms.

h. Workroom Capabilities and Requirements:

i. Filtration: ISO Class 8

ii. Pressurization: Minimum 30 ACPH

iii. Minimum Size/Space

iv. Accommodate a minimum of two PC workstations/phones with a minimum of two CAT 5 data jacks and two power receptacles.

v. Workrooms are to be centralized to allow access to the anterooms for the hazardous and non-hazardous anterooms and I.V. preparation rooms.

i. Non-Hazardous and Hazardous Anteroom Capabilities and Requirements

i. Filtration: ISO Class 7

ii. Pressurization: Positive pressure with minimum 30 ACPH

iii. Contain casework for personal protective equipment (PPE) that must be donned by staff prior to entering the respective hazardous and non-hazardous I.V.

preparation rooms.

iv. Contain a bench for staff to sit while donning/doffing PPE.

j. Non-Hazardous I.V. Preparation/Buffer Room Capabilities and Requirements

ii. Pressurization: Positive pressure with minimum 30 ACPH

iii. The room shall have two laminar or vertical flow hoods with the following minimum workspace dimensions:

1. 33” Wide

2. 22” Deep

3. 29” Height

iv. The hoods shall be ISO Class 5 with positive pressure.

v. Refrigerator with a minimum 20 cubic foot capacity.

vi. Contain rolling shelving for working stock. Shelving shall have lockable casters and have a minimum of four shelves.

k. Hazardous I.V. Preparation Buffer Room and Requirements

ii. Pressurization: Negative pressure with minimum 30 ACPH

iii. The room shall have two Class 2 Biological Safety Cabinets with the following minimum workspace dimensions:

1. 33” Wide

2. 22” Deep

3. 29” Height

iv. The hoods shall meet USP 800 requirements for the preparation of hazardous sterile I.V. preparations. These hoods shall be ISO Class 5 with negative pressure.

v. Refrigerator with a minimum 20 cubic foot capacity.

vi. Contain rolling shelving for working stock. Shelving shall have lockable casters and have a minimum of four shelves.

l. KCVA shall have the option to upgrade and/or replace hoods and software as new technology becomes available. Contractor should provide the VA with a quote for a potential modification as upgrades/replacement opportunities occur.

3. Performance and Reporting:

a. The Contractor shall comply with the following Performance Monitoring requirements:

i. Provide service reports to the COR upon request.

ii. The VA shall reserve the right to request copies of all documentation relating to the equipment.

iii. Evidence of performance regarding recommended maintenance shall be provided by the Contractor upon request from the VA.

iv. Security Requirements: CCTV with DVR capability to record 30 days of video to provide perimeter/interior security. Any hard drives which may or may not contain Patient Privacy Information (PII) remain the property of the VA.

v. Risk Control requirements:

1. Mobile Compounding Pharmacy Trailer and equipment shall meet all

Federal, State, and Local Fire and Safety requirements.

2. Safety and Warning Systems with visual and audible alarms.

3. Smoke Detectors and Fire Extinguishers.

4. Emergency Lighting.

4. Delivery Schedule: Mobile Pharmacy Trailer to be delivered to the site within 14 days after contract award, and Mobile Pharmacy Trailer must be ready-for-use and fully operational within five weeks after the trailer is delivered. Trailer must meet all aspects of the statement of work to be operational. The Contracting Officer (CO) shall organize a kick-off meeting for scheduling. This meeting shall include the CO, COR, and Contractor’s team and shall take place within one week after award.

Changes to the Statement of Work (SOW)

Any changes to this SOW shall be authorized and approved only by written approval of the Contracting Officer. A copy of each change will be maintained within a project folder. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

Government Responsibilities

1. Government shall determine and identify the location where the trailers will be stationed.

2. Government shall provide power connections, water source, and CAT 6 data ports adjacent to the parking space.

3. Government shall reserve the right to request copies of all documentation relating to the equipment. Evidence of performance of recommended maintenance shall be furnished by the Contractor upon request from the VA.

4. Government staff shall deactivate, decontaminate, and clean all areas where hazardous drugs are handled and disinfect all sterile compounding areas daily.

5. Government shall conduct required inspections as needed.

Monitoring Procedures

The COR shall be responsible for monitoring the Contractor’s performance. Performance deficiencies or poor performance identified during the term of the contract shall be reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given 48 hours to take corrective action. If determined necessary, the CO, COR, and/or designated VA Staff members shall meet with representatives of the Contractor to review performance and resolve the issues. All deficiencies or poor performance will be documented and MUST be corrected within the timeframe specified by the CO. The Contractor shall send a written notice to the CO and the COR when corrections have been made.

Invoices: A properly prepared invoice shall contain:

1. Invoice Number and Date

2. Contractor’s Name and Address

3. Purchase Order Number

4. Supply or Service provided

5. Total Amount Due

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR ___________ ____________

Warranty, Service and 12-Month Contingency Plan

*Base Year* Base year commences when trailer is installed and VA determines trailer is ready-for-use and fully operational.

*Billing will start once trailer is operational and followed by monthly invoicing*

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental Equipment – Ground Effect Vehicles, Motor Vehicles, Trailers, and Cycles

1.00 JB ________ _________

Pharmacy Compounding Trailer: Field Installation for Mobile

Pharmacy Cleanroom Trailer Field Installation Assistance for Germ free's Mobile Pharmacy Cleanroom *Billing will start once trailer is operational and followed by monthly invoicing* **Base Year Only**

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental

12.00 MO _____________ ________

Pharmacy Compounding Trailer: Base Year - Monthly Rental of

Mobile Pharmacy Cleanroom Trailer; Base Year- Monthly Rental of Mobile Pharmacy Cleanroom Trailer: 12 months minimum. Base year commences when trailer is installed and VA determines trailer is ready-for-use and fully operational.

*Billing will start once trailer is operational and followed by monthly invoicing* **Base Year**

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental

12.00 MO _____________ __________

Pharmacy Compounding Trailer: Option Year I - Monthly Rental of Mobile Pharmacy Cleanroom Trailer; Option Year Monthly Rental of Mobile Pharmacy Cleanroom Trailer: 12 months **Option Year I**

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental Equipment – Ground Effect Vehicles, Motor Vehicles, Trailers,

12.00 MO _________ ____________

Pharmacy Compounding Trailer: Option Year II - Monthly Rental of Mobile Pharmacy Cleanroom Trailer; 12 Month **Option Year II**

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental

12.00 MO _________ __________

Pharmacy Compounding Trailer: Option Year III - Monthly

Rental of Mobile Pharmacy Cleanroom Trailer; 12 months **Option Year III**

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental

12.00 MO ________ _________

Pharmacy Compounding Trailer: Option Year IV - Monthly

Rental of Mobile Pharmacy Cleanroom Trailer; 12 months **Option Year IV**

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental

1.00 JB _________ _________

Pharmacy Compounding Trailer: Decommissioning of Rental

Mobile Pharmacy Cleanroom Trailer, Decommissioning of Rental Mobile Pharmacy Cleanroom Trailer. Includes cost to travel to and from jobsite / 2 days to pack up and prepare trailer for return to factory.

**End of Option Year IV**

PRINCIPAL NAICS CODE: 532120 – TRUCK, UTILITY

TRAILER, AND RV (RECREATIONAL VEHICLE) RENTAL

AND LEASING

PRODUCT/SERVICE CODE: W023 – Lease or Rental

GRAND TOTAL _________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

Kansas City VA Medical Center 4801 East Linwood Blvd Kansas City, MO 64128

All line Items

Delivered Within 14 Days After Receipt of Order & operational within 3 weeks thereafter

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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.2 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-

52#FAR_52_252_2

http://www.va.gov/oal/library/vaar/index.asp

(End of Clause)

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2025

52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD

TO, SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE

SDVOSB PROGRAM

FEB 2024

52.222-3 CONVICT LABOR JUN 2003

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES

JUN 2020

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT

DEC 2010

52.222-41 SERVICE CONTRACT LABOR STANDARDS AUG 2018

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS)

AUG 2018

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2025

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAY 2024

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAY 2024

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) SEP 2025

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

OCT 2025

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA

BREACH COSTS ALTERNATE I

FEB 2023

852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS

(DEVIATION)

JAN 2023

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

C.3 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran- Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.4 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.5 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 of contract expiration.

(End of Clause)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.7 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this…

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