36C25625Q0801.docx

Combined Synopsis/Solicitation Notice

Veterans Health Care System of the Ozarks

GENERAL INFORMATION

Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Caleb Parker caleb.parker@va.gov

PLACE OF PERFORMANCE

1100 North College Avenue

Fayetteville, AR 72703-1944

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, dated 01/17/2025.

This acquisition is 100% SDVOSB Set-Aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $12.5 Million. The Product/Service Code is J041.

The Department of Veterans Affairs (VA), Network Contracting Office 16 (NCO 16) located at the Galleria Financial Center, 5075 Westheimer Road, Suite 750, Houston, TX 77056 is seeking to purchase Service for Replacement of Air-Cooled Chiller (York 150 Ton Chiller or Equivalent).

Quotes are due by 04-29-2025, 2:00 PM Central Standard Time (CST). Offers shall be submitted via e-mail. Quotes received after this date will be considered untimely and ineligible for award.

Site Visits Shall be scheduled with Program POC Kenneth Wright at Kenneth.Wright8@va.gov. Only day for site visit is Friday, 04-25-2025 11:00 AM CST - 2:30 PM CST.

The point of contact is Mr. Caleb Parker at caleb.parker@va.gov.

All Offerors are to complete and sign this combined synopsis with their offers to be eligible for award:

Print Name _______________ Date: _______________ Signature ______________

All interested vendors shall provide quotations for the following schedule:

Total

Statement of Work (SOW) Replace Building 4 Chiller Veterans Health Care System of the Ozarks (VHSO) Fayetteville, Arkansas Contractor must furnish all management, supervision, labor, material, equipment, tools, supplies, consumables, parts, and related services, in accordance with the SOW to replace existing building 4 air cooled chiller. Electronic Portable Document Format (.pdf) copies of drawings and specifications to this work will be furnished by VA upon Contractor’s written request to the Contracting Officer (CO). Hard copies of SOW, drawings, and specifications are the Contractor’s responsibility and expense at no additional cost to the Government. Contractor must verify existing and new dimensions, locations, and quantities to complete this project located on the VHSO Main Campus 1100 N. College Avenue, Fayetteville, AR 72703.

I. GENERAL REQUIREMENTS:

A. Any provision or partial provision of the Contract, including but not limited to, drawings and specifications that is not consistent with this SOW will be null and void only to the extent of the inconsistency. All other provisions or partial provisions of the Contract, including but not limited to, drawings and specifications, must remain in full force and effect.

B. Information Security: The Certification and Accreditation (C&A) does not apply, a Security Accreditation Package is not required.

C. Contractor must have the following requirements completed within ten (10) business days of contract award:

1. OSHA 10 and 30 certifications: Submit as a minimum OSHA 10 certification to the Authorized Government Representative for every contractor employee that will be working on VHSO property. OSHA 10 cards are to always remain on the employee’s person.

2. Contractor Point of Contract: Notify the Authorized Government Representative in writing of the name, phone number, email address of the contractor appointed Point of Contact.

a) The designated individual must have full authority to act for the contractor on all matters relating to work performance, to receive, accept and sign for any notices, inspection reports and all other correspondence on behalf of the Contractor from the Authorized Government Representative and / or Contracting Officer.

b) This individual must oversee the contractor’s worksite operations and ensure all work is performed in accordance with all contract requirements including scheduling, quality, and safety. This individual must be always available when contract work is in progress, and must respond to the work site as directed by the Authorized Government Representative.

c) The Contractor or their designated Point of Contact must return phone calls or text(s) to the Authorized Government Representative within 1 hour of contact and must return emails from the Authorized Government Representative within 24 hours of contact.

D. Period of Performance: Fourteen (14) calendar days.

E. Work Site Access: Contractor must perform all work on a weekend starting on a Friday at 1700 hours and be completed by Sunday at 1700 hours. Authorized Government Representative must provide final dates that work will be performed.

F. This project must be turn-key in accordance with this SOW, drawings, and specifications to be complete and working system(s).

G. VHSO facility must continue to operate during the contract Period of Performance, including but not limited to, the mechanical and electrical systems. VHSO operations take precedence over contractor work at no additional cost to the Government.

H. Contractor’s work must be conducted with the least amount of disruption to the VHSO facility.

I. Contractor must provide all submittals for equipment and materials with proposal.

J. Prior to the start of job site activities, together the Contractor and Authorized Government Representative must conduct a site survey to identify and review specific work and differing site conditions.

K. Contractor materials, equipment, tools, supplies, consumables, and parts must not be left unattended within a common work area. When working in common areas, there must be a minimum of two (2) contractor employees present to ensure that Contractor building materials, including but not limited to, equipment, tools, and supplies are not accessible to others.

L. Warranty: Contractor must guarantee workmanship for a period of one (1) year after Authorized Government Representative written acceptance of work. Contractor must furnish a minimum five (5) years parts warranty on equipment, components, and materials furnished plus any manufacturer’s warranty greater than one (1) year.

M. Emergency Service: Contractor emergency service must be available 24 hours per day. Contractor must respond on-site to emergency service calls within two (2) hours of notification. Contractor must have the issue(s) corrected or a plan in place (awaiting parts) within four (4) hours of arrival at job site. Any temporary repairs must have prior written approval by the Chief, Engineering Service or their designated representative.

II. QUALIFICATIONS OF CONTRACTOR:

A. Contractor and/or subcontractor must possess a State issued Class A HVAC Contractor License and a State issued Electrical Contractor License.

B. Contractor and/or subcontractor must have 5 continuous years of Chiller installation experience in a Healthcare environment of the same size and complexity as VHSO.

C. Contractor and/or subcontractor shall posses the required skills and factory support to install, operate, program, and update the Alerton building management system. No VHSO support will be provided.

III. SCOPE OF WORK: Contractor must ensure that all work, equipment, and materials are in compliance with the 2023 NFPA 70 National Electrical Code, 2021 International Mechanical Code, VA Electrical Design Manual, March 1, 2025; VA HVAC Design Manual, November 1, 2017 rev. March 1, 2024; and manufacturer’s recommendations.

A. Contractor must provide all materials, equipment, labor, supervision, permits, licenses, and services required to replace a failed air-cooled chiller.

1. Remove and properly dispose of existing McQuay chiller, model number AGZ130DHHNN-ER10, serial number STNU130800201 and all parts and materials not required for installation of new chiller located behind building 4.

2. Provide and install a York YLAA0120SJ17XFB (or equal), 150-ton, air cooled chiller.

a) Provide and install all piping, valves, fittings, water thermometers, water pressure gauges, pipe insulation with aluminum cladding.

(1) Test all devices prior to insulation and ensure no leaks exist in system. Repair any deficiencies.

b) Provide all parts and materials required to connect new chiller to existing Alerton building automation system (BAS). Ensure that all current outputs and controls are available on the new installation.

(1) Update graphics per Authorized Government Representative requirements on all Alerton user interfaces to include all laptops to reflect new chiller and all associated sensors and components.

(2) Update programing as required.

(3) Test the new chiller BAS installation ensuring:

(a) The chiller can be operated remotely at Alerton user interfaces.

(b) Chiller outputs are neatly displayed in interface graphics and are calibrated and tested to be accurate per Alerton recommendations. Provide parts and perform repairs as required.

c) Provide all parts and materials to connect the new chiller and all associated components to the electrical switch gear located in the basement of building 4.

(1) Test the new chiller electrical service ensuring proper operation and provide any required materials and labor to complete any required repairs or upgrades.

d) The Authorized Government Representative or their designated representative must observe all testing.

e) Commission the new chiller per the manufacturer’s recommendations and in the presence of the Authorized Government Representative or their designated representative.

f) Complete and submit all required commissioning and warranty documentation to the equipment manufacturer and the Authorized Government Representative.

IV. CONTRACTOR ACCESS AND ACTIVITIES:

A. Records Management: Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

a) The term Federal record:

(1) Includes U.S. Department of Veterans Affairs (VA) records.

(2) does not include personal materials.

(3) applies to records created, received, or maintained by Contractors pursuant to their VA contract.

(4) may include deliverables and documentation associated with deliverables.

2. Contractor must comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

3. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

4. In accordance with 36 CFR 1222.32, Contractor must maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

5. VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

6. The Contractor must immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor must ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor must not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it must be returned to VA control, or the Contractor must hold it until otherwise directed. Items returned to the Government must be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

7. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8. The Contractor must only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

9. The Contractor must not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

10. The Contractor must not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

11. The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA must have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

12. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

13. The Contractor must incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

14. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B. Safety: Contractor’s highest priority must be safety. Contractor work must be in accordance with Federal, State, Local OSHA codes, regulations, latest edition of NEC, latest edition of NFPA 70E, and 01 35 26 Safety Requirements specification. Contractor must furnish and use required safety items, including but not limited to, safety signage, cones, barricades, and must furnish and wear required Personal Protective Equipment (PPE).

C. Infection Control: Contractor must be responsible to develop a phasing and Infection Control Risk Assessment (ICRA) that incorporates requirements of specifications 01 00 00 General Requirements to meet requirements of VHSO and VHSO ICRA.

D. Site Supervision: Contractor must submit written qualifications of proposed site superintendent(s) to the CO and Authorized Government Representative for consideration. Contractor must furnish superintendent(s) with written Authorized Government Representative approval to continuously supervise on site contract activities. Contractor superintendent(s) must not engage in any direct trades’ labor.

E. Security: Contractor must coordinate with VA Police and Authorized Government Representative to comply with the VHSO security management program, including but not limited to, obtain onsite access permission by the VA Police, be identified by Contractor and project, and restricted from unauthorized access.

F. Badging: While on campus, Contractor must wear a visible VHSO issued identity Badge. Contractor can be subject to inspection of personal effects when entering or leaving the project site and VHSO property. Contractor site superintendent must escort Contractor employees to Engineering Shop (Building 37) to obtain badge(s). Contractor must maintain a Badge Log with Employee Names, Badge ID Numbers, Start Date(s), Departure Date(s), ID Lost Date(s), and ID Return Date(s). Contractor must update Badge Log and furnish to the Authorized Government Representative weekly or as directed in writing by Authorized Government Representative. Contractor must report lost Badge(s) immediately to the Authorized Government Representative and document on Badge Log. Contractor must return Badge(s) immediately on day of departure of employee from project to Authorized Government Representative and document on Badge Log. Contractor must return remaining Badge(s) at project closeout to Authorized Government Representative. Contractor must reimburse the Government a $100.00 fee for each lost or unreturned Badge.

G. Key Access: Contractor site superintendent may check out a key to access mechanical and electrical rooms as project requires. Contractor site superintendent must check out and return a key at Engineering (Building 37) daily and the key must not leave VHSO property. Contractor site superintendent must notify the Authorized Government Representative when a key is lost. Contractor must reimburse the Government a $3,500.00 fee for each lost or unreturned key(s).

H. Utilities: Contractor must not leave unattended out-of-service any utility, fire protection, life safety system, or security system without written permission of the Authorized Government Representative. If a utility, fire protection, life safety system or security system is not functional at the end of a work period without written permission of the I. Authorized Government Representative, then the Contractor must restore the system(s) to working order prior to leaving the job site or must furnish an around-the-clock watch subject to Authorized Government Representative written approval until the system is functional. If the Contractor fails to do so, the Contractor must reimburse the Government a fee equal to the amount of costs incurred by the Government to furnish around-the-clock watch and/or repair the system(s).

J. Parking: Contractor on-site parking is limited to availability of designated Contractor parking. Contractor must have prior Authorized Government Representative written approval of on-site Contractor parking.

K. Vehicles and Construction Equipment: Contractors’ key(s) to unattended vehicle(s) and construction equipment must be removed and vehicle(s) locked.

L. Unloading and Loading: Contractor must unload and load materials, including but not limited to, equipment, tools, supplies, parts, and construction debris at the loading dock. Contractor must not leave vehicle(s) or construction equipment unattended at the loading dock. No materials, including but not limited to, equipment, tools, supplies, parts, and construction debris are permitted through the front entry.

M. Elevators: Contractor must use Authorized Government Representative designated elevators and must protect elevator cabs, including but not limited to, cab interior components and controls during Contractor use. Contractor must not exceed elevator weight limits. Authorized Government Representative designated elevator(s) may not be immediately available to the Contractor. The Contractor must account for this and Contractor must be flexible in the project schedule without additional cost to the Government.

N. Storage and Staging: Contractor storage and staging is limited to availability of designated on-site Contractor storage and staging. Contractor must submit a written request for storage or staging to the Authorized Government Representative for consideration a minimum of seven (7) business days prior to the storage or staging. Contractor must have prior COR written approval of on-site Contractor storage and staging. Contractor must relocate or remove on-site storage and staging, including but not limited to, Contractor’s office trailer(s), dumpster(s), storage container(s) and construction materials a maximum of seven (7) business days after written notification by the Authorized Government Representative without additional expense to the Government.

O. Equipment and Tools: Contractor must furnish construction equipment and power and hand tools, including but not limited to, ladders, scaffolds, lifts, backhoes, and forklifts to complete Contractor’s work.

P. Radios and Mobile Devices: Contractor must use mobile devices at low volume or outside. Contractor must not carry on conversations in hallways or near any patient areas. AM/FM radios and other media producing devices must not be used on VHSO property.

Q. Hot Work: Contractor must perform and safeguard hot work operations in accordance with OSHA 1910 Subpart Q, NFPA 241, and NFPA 51B. Contractor must coordinate and schedule with Authorized Government Representative Hot Work Operations. Hot work operation is defined as operations including, but not limited to, open flame, producing heat and/or sparks, burning, welding, processes such as arc welding, oxy-fuel gas welding, open-flame soldering, brazing, thermal spraying, cutting, oxygen cutting, arc cutting, chipping, grinding, heat treating, sand blasting, torch-applied roofing, chemical welding, thawing pipe, and light horizontal welding, or an operation that is capable of initiating fires or explosions. Contractor must obtain Hot Work Permit from Authorized Government Representative prior to activity.

R. Energized Circuit Work: Contractor must perform, maintain, and safeguard the integrity of the VHSO electrical systems and must follow procedures around energized equipment in accordance with NFPA 70E standards including proper PPE. Contractor must coordinate and schedule energized circuit work with Authorized Government Representative. Contractor must submit to the Authorized Government Representative a written request for consideration and written approval a minimum of seven (7) business days prior to activity. VHSO electrician or electrical engineer must monitor work. Contractor must use safety equipment to include but not be limited to, 12 calorie arc flash suits with hoods and 5KV gloves. No exits will be blocked. Personnel without proper PPE must be prohibited within the working area around live electrical panels with the cover removed. Contractor must have Authorized Government Representative written approval to proceed three (3) business days prior to activity.

S. Utility interruption: Contractor must coordinate and schedule with Authorized Government Representative. Contractor must submit to the Authorized Government Representative a written request for consideration and written approval a minimum of seven (7) business days prior to activity. Work must be planned in advance to give as much time as possible to schedule a utility interruption. There may be times when a utility interruption request is denied because of insufficient lead-time or interference with ongoing VHSO activities and must be rescheduled at no additional cost to the Government. Contractor must have Authorized Government Representative written approval to proceed three (3) business days prior to activity.

T. Disposal: Contractor must coordinate and schedule with Authorized Government Representative. Contractor must have Authorized Government Representative written approval to proceed three (3) business days prior to activity. Contractor must submit a written request to dispose of any government owned materials, equipment, or property in advance to the Authorized Government Representative for Authorized Government Representative written approval. Contractor must remove and properly dispose construction debris, materials, equipment, and substances from this project and the VHSO property daily into the Contractor supplied containers. Contractor must coordinate disposal container location with Authorized Government Representative contingent upon available space and any future Authorized Government Representative directed relocation(s) must be at no additional cost to the Government. Construction debris created from the project must not be disposed of in VHSO dumpsters or on VHSO property. Disposal of construction debris, materials, equipment, and substances from the project must be in accordance with applicable Federal, State, and Local laws, rules, and regulations. The Contractor must ensure and furnish appropriate documentation to the CO and Authorized Government Representative that all hazardous waste handlers, haulers, and disposal facilities are properly licensed. The Contractor must furnish shipping manifest and documentation of disposal of construction debris, materials, equipment, and substances from the project prior to final payment.

1. Contract Changes/Modifications:

The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Authorized Government Representative on all matters pertaining to contract administration and technical direction. Only the CO is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract. The Authorized Government Representative for this requirement is:

Kenneth Wright 479-313-5089 Kenneth.Wright8@va.gov

(End of Statement of Work)

Wage Determination: The following wage determination applies: Wage Determination No. 2015-5109 Revision No. 26 dated 12-22-2024

Place of Service Attn: Kenneth Wright Department of Veterans Affairs Veterans Health Care System of the Ozarks 1100 North College Avenue Fayetteville, AR 72703-1944

Invoicing:

Invoices shall be submitted in arrears upon inspection and acceptance of all products and services. All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

FSC e-Invoice Payment at http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 or va.registration@tungsten-network.com The following contract clauses apply to this acquisition:

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/

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

VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the appointment letter shall be furnished to the Contractor.

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)

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) VAAR 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses.

As prescribed in 819.7011, insert the following clause:

VA Notice Of Total set-Aside For Verified Service-Disabled Veteran-Owned Small Businesses (NOV2022)

(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 VAAR802.101, 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 VIP-listed 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 multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting 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 SDVOSBC, 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:

[Contracting Officer check as appropriate.] _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) 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: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

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

(iii) [ ] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/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)

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)

VAAR 852.252-271 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)

VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor’s order…