36C25624Q0706.pdf

36C25624Q0706

SUBJECT* RFQ Domiciliary and CRRC Wi-Fi and Cable TV Contract

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*

SOLICITATION NUMBER*

RESPONSE DATE/TIME/ZONE

ARCHIVE

RECOVERY ACT FUNDS

SET-ASIDE

PRODUCT SERVICE CODE*

NAICS CODE*

CONTRACTING OFFICE ADDRESS

POINT OF CONTACT*

77056-5643

36C25624Q0706

04-17-2024 1pm CENTRAL TIME, CHICAGO, USA

10 DAYS AFTER THE RESPONSE DATE

N

SDVOSBC

N099

238210

Department of Veterans Affairs

Network Contracting Office 16

Galleria Financial Services

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

Lekeicia Anderson-Spight

Lekeicia.anderson@va.gov

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs

Michael E. DeBakey VA Medical Center

MEDVAMC

2002 Holcombe Blvd.

Houston, Texas 77030-4211 USA

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov

URL DESCRIPTION Department of Veterans Affairs

AGENCY CONTACT’S EMAIL ADDRESS Lekeicia.anderson@va.gov

EMAIL DESCRIPTION 36C25624Q0706-– RFQ Response

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and

Solicitation for Commercial Items,” in conjunction with FAR Part 13.5 for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quote is being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03

(eff. 2/23/2024), VAAR Update 2008-37 (eff. 07/28/2023) and Acquisition Policy Flash 23-15 (eff.

07/28/2023).

Contractor is required to be actively registered in the System for Award Management (SAM) and self-verified as a Service Disable Veteran Owned Small Business (SDVOSB) with SBA VetCerts. Vendor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify registration and certification status.

The Michael E. DeBakey VA Medical Center (MEDVAMC) Pathology & Laboratory Section Service Line, 2002 Holcombe Blvd, Houston, Texas 77030 is seeking a contractor to provide Wi-Fi and Cable

Services. This solicitation is a SDVOSB set-aside and is open to all concerns. The government expects this announcement to result in a Firm-Fixed Price Single-Award contract.

See attached RFQ

Table of Contents

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...13

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

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

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

2018)

C.8 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION

TECHNOLOGY RESOURCES (FEB 2023)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs

Network Contracting Office 16

Galleria Financial Center

5075 Westheimer Road, Suite 750

Houston TX 77056-5643

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.

5. Complete the following located in Sections B thru E of this solicitation to be deemed acceptable:

1. Section B- CONTRACT ADMINISTRATION DATA, CONTRACTOR contact information.

2. Section B- PRICE/COST SCHEDULE, unit price, amount, and grand total

3. Section C- 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING

4. Section E- 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

5. Section E- 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

6. Section E- 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

6. 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

High Speed Wi-Fi and Cable TV Service Social Work Service

Houston, Texas

1. Introduction:

The Social Work Service at the Michael E. DeBakey VA Medical Center MEDVAMC) has a requirement for basic/extended cable and internet services at two new facilities: the Domiciliary, a Mental Health Residential and Rehabilitation Treatment Program (DRRTP) and the Community Resource and Referral Center (CRRC). The requested services will be used in various areas throughout both facilities to provide internet access to Veterans, residents, visitors, and community partners as needed. In addition, the internet service will support the various resource/computer rooms equipped with computers and printers that will be available to Veterans so that they may establish email addresses, perform job searches, participate in computer-based trainings and any other tasks necessary to obtain gainful employment or to reach their vocational goals. This service will not be connected to the VA Network.

2. Scope of Work:

2.1 The Contractor shall provide all hardware, software, tools, labor, materials, expertise, and supervision necessary to install, configure, deliver and continuous support for cable television and internet service for both facilities as described in this Statement of Work (SOW).

2.2 The Contractor shall provide internet connections with speeds that will ensure fast and efficient internet connectivity that will enable Wi-Fi to be used simultaneously by all parties without any interruptions.

2.3 The Contractor shall provide a manned toll-free telephone number for a 24/7/365-day technical support call center, for reporting all types of troubleshooting, outages, and service interruptions. Contractor shall physically respond onsite within 24 hours for issues that require onsite support.

2.4 Provide the ability to have failed network equipment replaced by the Contractor within 48 hours of equipment issue(s) being reported.

2.5 The Contractor shall provide a three (3) hour response time for trouble/workorder tickets entered through the technical support call center.

2.6 Maintenance would refer to any work (including repairs) that the vendor should identify that would need to be completed in order to avoid any interruption in service, to improve service

2.7 The contractor shall provide oversight and monitoring of the installed wireless network(s) and provide the Program Manager or designee with automated and monthly trouble/workorder ticket reports that identify network status/outages, trouble/workorder tickets received, and resolution of those trouble/workorder tickets. The Contractor shall provide a notification of an event that poses a risk of extending a scheduled maintenance period that requires the service to be offline or which may degrade system performance shall be disseminated to the user community 7 days prior to the event.

2.8 The contractor shall provide quarterly utilization reports for both facilities.

The report shall address and describe, for the prior month; the typical usage of access points, amount of network traffic, security issues, peak simultaneous connections, and recommendations for any areas that required an upgraded bandwidth based on report data.

2.9 The contractor shall be responsible for maintaining the operation of the hardware and all infrastructures, including patching/security updates, as well as any software maintenance/license for all network devices/servers.

2.10 The wireless internet access shall be available to users 24/7/365 except during periods of scheduled maintenance.

2.11 Outages for internet services shall be resolved within four (4) hours after the contractor responds to the trouble/workorder tickets entered through the technical support call center.

2.12 Outages for cable television services shall be resolved within 24 hours from when the call is placed.

2.13 The contractor shall provide direct technical support to the DRRTP and CRRC facilities throughout the contract performance period.

3. Task:

The Contractor shall ensure all cable and internet connections are properly connected to VA equipment for distribution throughout the facility. The Contractor shall be required to verify physical connection points with engineering and/or the building lessor prior to installation of any equipment or service activation. This contract will require service specific to the following areas within the facilities:

3.1 The Domiciliary is a 42,693 sq. feet facility and this contract will require service specific to the following areas:

Basic/Expanded Cable Television Service

Locations

1. Lobby/Waiting Area (Rm102)

2. Lounge/Multipurpose Area (Rm#120)

3. Clinical Patient Waiting Area (Rm #148)

4. Recreational Area (Rm #152)

5. Exercise Area (Rm #155)

6. Kitchenette/Lounge Area (Rm #185)

7. Dayroom Area (Rm #288)

Internet Service

Locations

1. Internet connections throughout to support the entire facility.

2. To include specifically three (3) Computer Labs (Rooms: #184, #191 and #285) Each room will contain 3

– 4 PC’s/Laptops and x1 desktop printer.

3.2 The CRRC is a 10,000 sq. feet facility and this contract will require service specific to the following areas:

Basic/Expanded Cable Television Service

Locations 1. Staff Lounge Area (Rm 121)

Internet Service

Locations 1. Internet connections throughout to support the entire facility.

2. To include specifically two (2) desktop computers and one (1) printer (Computer Lab, Rm 126) and one (1) printer (Rm 125).

4. Place of Performance:

Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston, Texas 77030

Locations:

Facility Address County

Domiciliary Residential Rehabilitation Treatment Program (DRRTP)

4320 Old Spanish Trail Houston, TX 77021

Harris

Community Resource and Referral Center (CRRC)

1700 Webster Street Houston, TX 77003

Harris

5. Period of Performance:

5.1 The period of performance shall include one (1) base period and two (2) one (1) year option periods. Exercise of option periods is at the sole discretion of the Government and contingent upon availability of funds:

➢ Base Year: 12-month period from time of award

➢ Option Year 1: 12-month period

➢ Option Year 2: 12-month period

Note: The period of performance for the CRRC will be effective TBD, and the period of performance for the DRRTP will be effective TBD.

5.2 Installation is to begin as soon as possible, but no later than thirty (30) calendar days after the receipt of the purchase order.

6. Operational Coverage:

6.1 The DRRTP is a 24/7 facility with normal operation from 8:00am – 4:30pm (excluding Federal Holidays)

6.2 The CRRC will operate Monday through Friday, from 8:00am – 4:30pm (excluding Federal Holidays)

6.3 Federal Holidays observed by the Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day; along with any other day specifically declared by the president of the United States to be a national holiday.

Note: If a holiday falls on a Saturday, it shall be observed on Friday. If the holiday falls on a Sunday, it shall be observed on Monday. Neither the DRRTP nor the CRRC will be open on these holidays.

7. Television Programming:

Programming shall include a basic and expanded service package. No, movie rental features shall be included with this service at either facility.

8. Supporting Information:

8.1 Special Considerations:

Contractor Furnished Materials – All labor, materials, equipment to perform the job. When “furnish”, “provide”, “install”, or similar term used, it shall mean a complete installation, ready for use. The vendor shall supply all parts, equipment, material, and labor (all items) as described to conduct work as listed in the Statement of Work (SOW) above.

8.2 Qualifications of Key Personnel:

Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW. Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

8.3 Security and Safety Requirements

There will be no breach of patient or information system security. ALL CONTRACTOR SERVICE EMPLOYEES MUST REPORT to the front desk at the CRRC or DRRTP to sign in before work can begin, as well as sign out when work is completed. If it is necessary for the contractor to work after 4:30pm at the CRRC, permission must be granted from the Program Manager or designee. The DRRTP is a 24/7 facility, however the contractor should inform the Program Manager or designee if they will be onsite after 4:30pm.

8.4 Smoking Policy

Both the CRRC and DRRTP are VHA Health care facilities and are smoke-free. Smoking is prohibited for patients, visitors, contractors, volunteers, and vendors at all property assigned to VHA that is under the charge and control of the VA.

9. Invoices and Payment for Services:

The contractor shall submit requests for payment electronically to the VA’s Tungsten Network. Contractor shall submit separate monthly invoices for the DRRTP and CRRC. Invoices shall be paid monthly in arrears for all authorized work performed upon receipt of a properly prepared invoice submitted to: https://www.fsc.va.gov/einvoice.asp.

Invoices shall clearly state the following:

https://www.fsc.va.gov/einvoice.asp

❖ Name and address of the contractor.

❖ Invoice date and number.

❖ Contract number, purchase order number, contract line-item number and, if applicable, the order number.

❖ Detailed description of quantity, unit of measure, unit price and extended price of the service/deliverables.

❖ Terms of any discount for prompt payment offered.

❖ Name and address of official to whom payment is to be sent.

❖ Name, title, and phone number of people to notify in event of defective invoice.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITE

M #

DESCRIPTIO

N OF

SERVICES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 JB _________________

One-Time installation charge for Internet (WiFi) and Basic/extended Cable TV Service at the Domiciliary Residential Rehabilitation Treatment (DRRTP) facility.

LOCAL STOCK NUMBER: Fee

1.00 JB _________________

One-Time installation charge for Internet (WiFi) and Basic/extended Cable TV Service at the Community Resource and Referral Center (CRRC) facility.

12.00 MO _________________

Provide Internet service (WiFi), basic/extended Cable TV service, support, and maintenance at the Domiciliary Residential and Rehabilitation Treatment (DRRTP) facility and the Community Resource and Referral Center (CRRC) facility.

Base Year Total

Provide Internet service (WiFi), basic/extended Cable TV service, support, and maintenance at the Domiciliary Residential and Rehabilitation Treatment (DRRTP) facility and the Community Resource and Referral Center (CRRC) facility. Option Year #1: October 1, 2024 - September 30, Provide Internet service (WiFi), basic/extended Cable TV service, support, and maintenance at the Domiciliary Residential and Rehabilitation Treatment (DRRTP) facility and the Community Resource and Referral Center (CRRC) facility. Option Year #2: October 1, 2025 - September 30, GRAND TOTAL _________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

FOB: Destination 1.00 TBD

FOB: Destination 1.00 TBD

FOB: Destination 12.00 TBD

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

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

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

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

DEC 2023

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.247-34 F.O.B. DESTINATION NOV 1991

52.249-1 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (SHORT FORM)

APR 1984

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 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.

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause)

C.3 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.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(End of Clause)

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

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(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 verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/;

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration

(SBA) regulations regarding small business size and government contracting programs at 13

CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and

VIPlisted SDVOSB, unless otherwise stated in this clause.

(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)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB 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 VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. 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 https://www.vetbiz.va.gov/vip/ and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13

CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (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 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 VIP-listed SDVOSBs (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 VIP-listed SDVOSBs. 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 CRF

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 VIP-listed

SDVOSBs.

(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 VIP-listed

SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed

SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

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

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed

SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

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

Program.

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

(End of Clause)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified

SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [X] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in

852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

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

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.8 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION

TECHNOLOGY RESOURCES (FEB 2023)

(a) Definitions. As used in this clause— Information technology has the same meaning in FAR

2.101 and also means Information and Communication Technology (ICT).

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

(b) Responsibilities. The Contractor shall be responsible for information system security for all systems connected to a Department of Veterans Affairs (VA) network or operated by the

Contractor for VA, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or other system access to VA information that directly supports the mission of VA.

Examples of tasks that require security provisions include—

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

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

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

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

This plan shall describe the processes and procedures that the Contractor will follow to ensure appropriate security of information system resources developed, processed, or used under this contract. The information system security plan should include implementation status, responsible entities, resources, and estimated completion dates. Information system security plans may also include, but are not limited to, a compiled list of system characteristics, and key security-related documents such as a risk assessment, PIA, system interconnection agreements, contingency plan, security configurations, configuration management plan, and incident response plan. The plan shall address the specific contract requirements regarding information systems related support or services included in the contract, to include the performance work statement (PWS) or statement of work (SOW). The Contractor’s Information

System Security Plan shall comply with applicable Federal Laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Modernization Act (FISMA) of 2014 and the E-Government Act of 2002. The plan shall meet information system security requirements in accordance with Federal and VA policies and procedures, and as amended during the term of this contract, and include, but are not limited to the following.

(1) OMB Circular A–130, Managing Information as a Strategic Resource;

(2) National Institute of Standards and Technology (NIST) Guidelines; and

(3) VA Directive 6500, VA Cybersecurity Program, and the directives and handbooks in the

VA 6500 series related to VA information (including VA sensitive information and sensitive personal information and information systems security and privacy), as well as those set forth in the contract specifications, statement of work, or performance work statement. These include, but are not limited to, VA Handbook 6500.6, Contract Security; and VA Directive and Handbook

0710, Personnel Security and Suitability Program, which establishes VA’s procedures, responsibilities, and processes for complying with current Federal law, Executive Orders, policies, regulations, standards and guidance for protecting VA information, information systems

(see 802.101, Definitions) security and privacy, and adhering to personnel security requirements when accessing VA information or information systems.

(d) Submittal of plan. Within 90 days after contract award, the Contractor shall submit the

Information System Security Plan to the Contracting Officer for review and approval.

(e) Security accreditation. As required by current VA policy, the Contractor shall submit written proof of information system security accreditation to the Contracting Officer for non-VA owned systems. Such written proof may be furnished either by the Contractor or by a third party.

Accreditation shall be in accordance with VA policy available from the Contracting Officer upon request. The Contractor shall submit for acceptance by the Contracting Officer along with this accreditation a final information system security plan, such as a risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. The accreditation and the final information system security plan and the accompanying documents, such as a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan.

(f) Annual validation. On an annual basis, the Contractor shall verify in writing to the

Contracting Officer that the Information System Security Plan remains valid.

(g) Banners. The Contractor shall ensure that the official VA banners are displayed on all VA systems (both public and private) operated by the Contractor that contain Privacy Act information before allowing anyone access to the system. The Office of Information Technology will make official VA banners available to the Contractor.

(h) Screening and access. The Contractor shall screen all personnel requiring privileged access or limited privileged access to systems operated by the Contractor for VA or interconnected to a VA network in accordance with VA Directives and Handbooks referenced in paragraph (c) of this clause.

(i) Training. The Contractor shall ensure that its employees performing services under this contract complete VA security awareness training on an annual basis. This includes signing an acknowledgment that they have read, understand, and agree to abide by the VA Information

Security Rules of Behavior (VA National Rules of Behavior) as required by 38 U.S.C. 5723; FAR

39.105, Privacy; clause 852.204–71, Information and Information Systems Security, and this clause on an annual basis.

(j) Government access. The Contractor shall provide the Government access to the

Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. The Contractor shall provide access to enable a program of information system inspection (to include vulnerability testing), investigation and audit (to safeguard against threats and hazards to the integrity, availability and confidentiality of VA data or to the function of information systems operated on behalf of VA), and to preserve evidence of computer crime.

(k) Notification of termination of employees. The Contractor shall immediately notify the

Contracting Officer when an employee who has access to VA information systems or data terminates employment.

(l) Subcontractor flow down requirement. The Contractor shall incorporate and flow down the substance of this clause to all subcontracts that meet the conditions in paragraph (a) of this clause.

(End of Clause)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.10 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor’s address at the Contractor’s risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

See attached document: S02-WD-15-5233.

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015‐5233 Daniel W. Simms Division of | Revision No.: 26 Director Wage Determinations| Date Of Last Revision: 12/26/2023

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to |after January 30, 2022, or the |the contract.

|contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $17.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2024.

|If the contract was awarded on or |Executive Order 13658 generally applies to |between January 1, 2015 and January 29,|the contract.

|2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.90 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2024.

The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Texas

Area: Texas Counties of Austin, Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE ‐ TITLE FOOTNOTE

RATE

01000 ‐ Administrative Support And Clerical Occupations 01011 ‐ Accounting Clerk I 17.70 01012 ‐ Accounting Clerk II 19.86 01013 ‐ Accounting Clerk III 22.22 01020 ‐ Administrative Assistant 34.25 01035 ‐ Court Reporter 35.10 01041 ‐ Customer Service Representative I 16.17*** 01042 ‐ Customer Service Representative II 17.64 01043 ‐ Customer Service Representative III 19.81 01051 ‐ Data Entry Operator I 15.23*** 01052 ‐ Data Entry Operator II 16.62*** 01060 ‐ Dispatcher, Motor Vehicle 20.56 01070 ‐ Document Preparation Clerk 17.38 01090 ‐ Duplicating Machine Operator 17.38

01111 ‐ General Clerk I 15.87*** 01112 ‐ General Clerk II 17.32 01113 ‐ General Clerk III 19.45 01120 ‐ Housing Referral Assistant 23.88 01141 ‐ Messenger Courier 16.69*** 01191 ‐ Order Clerk I 18.00 01192 ‐ Order Clerk II 19.90 01261 ‐ Personnel Assistant (Employment) I 19.78 01262 ‐ Personnel Assistant (Employment) II 22.12 01263 ‐ Personnel Assistant (Employment) III 24.66 01270 ‐ Production Control Clerk 24.04 01290 ‐ Rental Clerk 16.74*** 01300 ‐ Scheduler, Maintenance 19.15 01311 ‐ Secretary I 19.15 01312 ‐ Secretary II 21.42 01313 ‐ Secretary III 23.88 01320 ‐ Service Order Dispatcher 18.38 01410 ‐ Supply Technician 34.25 01420 ‐ Survey Worker 18.84 01460 ‐ Switchboard Operator/Receptionist 14.87*** 01531 ‐ Travel Clerk I 16.76*** 01532 ‐ Travel Clerk II 17.86 01533 ‐ Travel Clerk III 19.35 01611 ‐ Word Processor I 17.28 01612 ‐ Word Processor II 19.41

01613 ‐ Word Processor III 21.71 05000 ‐ Automotive Service Occupations 05005 ‐ Automobile Body Repairer, Fiberglass 25.76 05010 ‐ Automotive Electrician 23.79 05040 ‐ Automotive Glass Installer 21.96 05070 ‐ Automotive Worker 21.96 05110 ‐ Mobile Equipment Servicer 20.23 05130 ‐ Motor Equipment Metal Mechanic 25.96 05160 ‐ Motor Equipment Metal Worker 21.96 05190 ‐ Motor…