36C25625Q1478_1.docx

36C25625Q1478

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Rhonda Gibon rhonda.gibson2@va.gov 254-213-8891

PLACE OF PERFORMANCE

510 East Stoner Ave

Shreveport LA

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

B.1 COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

2. The combined synopsis/solicitation number is 36C25625Q1478.

3. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-05 (eff. 08/07/2025)

4. This requirement is recommended to compete under unrestricted FAR 13 procedures. The North American Industry Classification System number is 541620 with a size standard of 19 Mil.

5. Place of Performance:

Alexandra VA Medical Center 2495 Shreveport Hwy, Pineville, LA 71360

6. Period of Performance: The period of performance will based upon the day of award with a Base Year of 12 months and four (4) 12-month optional performance periods. This is a Lowest Priced Technically Acceptable Solicitation.

7. All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Rhonda Gibson at Rhonda.gibson2@va.gov no later than 10:00A.M. Central Time on 21 Sept 2025. Offeror must show proof of authorized distributor letter from PWS OEM at the time of the submittal.

8. Quotes are due no later than 23 Sept 2025 at 10:00A.M. Central Time and shall be submitted electronically via e-mail to the Contract Specialist, Rhonda Gibson at rhonda.gibson2@va.gov

APPLICABLE Provisions and Clauses:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

SECTION B – CONTINUATION OF COMBINED SYNOPSIS-SOLICITATION

B.1 COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

2. The combined synopsis/solicitation number is 36C25625Q1478.

3. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-05 (eff. 08/07/2025)

4. This requirement is recommended to compete under unrestricted FAR 13 procedures. The North American Industry Classification System number is 541620 with a size standard of 19 Mil.

5. Place of Performance:

Alexandra VA Medical Center 2495 Shreveport Hwy, Pineville, LA 71360

6. Period of Performance: The period of performance will based upon the day of award with a Base Year of 12 months and four (4) 12-month optional performance periods. This is a Lowest Priced Technically Acceptable Solicitation.

7. All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Rhonda Gibson at Rhonda.gibson2@va.gov no later than 10:00A.M. Central Time on 21 Sept 2025. Offeror must show proof of authorized distributor letter from PWS OEM at the time of the submittal.

8. Quotes are due no later than 23 Sept 2025 at 10:00A.M. Central Time and shall be submitted electronically via e-mail to the Contract Specialist, Rhonda Gibson at rhonda.gibson2@va.gov

APPLICABLE Provisions and Clauses:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.

36C25625Q1478

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.2 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C256 Le Kisha Douglas, MPA Department of Veterans Affairs Network Contracting Office 16 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:

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The Contractor shall furnish all necessary labor, materials, supplies, equipment, and transportation to provide servicing and maintenance for the following existing Phigenics equipment, to include pH and ORP sensors: three (3) EA PWA Advanced Monitoring Systems and (1) EA CTWA Monitoring System, and the Analytics located at Alexandria VA Health Care System, 2495 Shreveport Hwy, Pineville, LA 71360.

The contractor shall provide service, maintenance, and monitoring: Continuous Water Monitoring Equipment Service, Web-based data management and all consumables and maintenance needed to maintain the system as well as scheduled and unscheduled service calls and labor needed for repairs to exclude parts needed for repairs.

Contract Period: Base POP Begin: 09-27-2025 POP End: 09-26-2026

Analytics Training Contract Period: Base

Water Management Plan Program Development (WMP) Contractor shall develop a facility wide HCA LD Prevention plan and provide HCA LD Prevention Plan Development: Contractor is to perform a facility wide assessment in accordance with VHA DIRECTIVE 1061(4), PREVENTION OF HEALTH CARE-ASSOCIATED LEGIONELLA DISEASE AND SCALD INJURY FROM WATER SYSTEMS

Contract Period: Base

Water Management Plan Support Services-Facilitation

Contract Period: Base

The contractor shall furnish all necessary labor, materials, supplies, equipment, and transportation to provide servicing and maintenance for the following existing Phigenics equipment, to include pH and ORP sensors: three (3) EA PWA Advanced Monitoring Systems and (1) EA CTWA Monitoring System, and the Analytics located at Alexandria VA Health Care System, 2495 Shreveport Hwy, Pineville, LA 71360.

The Contractor shall provide service, maintenance, and monitoring: Continuous Water Monitoring Equipment Service, Web-based data management and all consumables and maintenance needed to maintain the system as well as scheduled and unscheduled service calls and labor needed for repairs to exclude parts needed for repairs.

Contract Period: Option 1 POP Begin: 09-27-2026 POP End: 09-26-2027

WMP Reassessment Contract Period: Option 1 POP Begin: 09-27-2026 POP End: 09-26-2027

The contractor shall furnish all necessary labor, materials, supplies, equipment, and transportation to provide servicing and maintenance for the following existing Phigenics equipment, to include pH and ORP sensors: three (3) EA PWA Advanced Monitoring Systems and (1) EA CTWA Monitoring System, and the Analytics located at Alexandria VA Health Care System, 2495 Shreveport Hwy, Pineville, LA 71360.

The Contractor shall provide service, maintenance, and monitoring: Continuous Water Monitoring Equipment Service, Web-based data management and all consumables and maintenance needed to maintain the system as well as scheduled and unscheduled service calls and labor needed for repairs to exclude parts needed for repairs.

Contract Period: Option 2 POP Begin: 09-27-2027 POP End: 09-26-2028

WMP Reassessment Contract Period: Option 2 POP Begin: 09-27-2027 POP End: 09-26-2028

The contractor shall furnish all necessary labor, materials, supplies, equipment, and transportation to provide servicing and maintenance for the following existing Phigenics equipment, to include pH and ORP sensors: three (3) EA PWA Advanced Monitoring Systems and (1) EA CTWA Monitoring System, and the Analytics located at Alexandria VA Health Care System, 2495 Shreveport Hwy, Pineville, LA 71360.

The contractor shall provide service, maintenance, and monitoring: Continuous Water Monitoring Equipment Service, Web-based data management and all consumables and maintenance needed to maintain the system as well as scheduled and unscheduled service calls and labor needed for repairs to exclude parts needed for repairs.

Contract Period: Option 3 POP Begin: 09-27-2028 POP End: 09-26-2029

WMP Reassessment Contract Period: Option 3 POP Begin: 09-27-2028 POP End: 09-26-2029

The contractor shall furnish all necessary labor, materials, supplies, equipment, and transportation to provide servicing and maintenance for the following existing Phigenics equipment, to include pH and ORP sensors: three (3) EA PWA Advanced Monitoring Systems and (1) EA CTWA Monitoring System, and the Analytics located at Alexandria VA Health Care System, 2495 Shreveport Hwy, Pineville, LA 71360.

The contractor shall provide service, maintenance, and monitoring: Continuous Water Monitoring Equipment Service, Web-based data management and all consumables and maintenance needed to maintain the system as well as scheduled and unscheduled service calls and labor needed for repairs to exclude parts needed for repairs.

Contract Period: Option 4 POP Begin: 09-27-2029 POP End: 09-26-2030

WMP Reassessment Contract Period: Option 4 POP Begin: 09-27-2029 POP End: 09-26-2030

B.4 STATEMENT OF WORK

1. Contracting Officer’s Representative (COR):

Shreveport LA, 71101

2. CONTRACT TITLE Health Care Associated Legionnaires Disease (HCA LD) Prevention Plan and Monitoring

3. BACKGROUND: The Contractor will provide all labor, materials, and equipment necessary to complete environmental Validation Testing of the water systems. The contractor shall furnish all necessary labor, materials, supplies, equipment, and transportation to develop a facility wide HCA LD Prevention plan and provide servicing and maintenance for the following existing Phigenics equipment, to include pH and ORP sensors: three (3) EA PWA Advanced Monitoring Systems and (1) EA CTWA Monitoring System located at Alexandria VA Health Care System, 2495 Shreveport Hwy, Pineville, LA 71360. The contractor shall collect water samples for testing from four (4) buildings (Bldg. 45 CLC; Bldg. 7 Community Living Center; Bldg. 9; Central Plant (CTWA).

4. DESCRIPTION OF SERVICE -HCA LD PREVENTION PLAN DEVELOPMENT:

A. Management Plan

i. Perform an onsite walk-through of hot and cold potable and non-potable water systems for the purposes of:

ii. Auditing the facility’s current water management program and providing recommendations for improvement. Recommendations will be feasible.

iv. Develop recommendations for:

v. Identify infrastructure improvement projects needed to eliminate or reduce the hazards related to growth of Legionella.

B. The Contractor shall maintain on-going communication with the facility throughout plan development.

C. The Contractor shall make themselves available for no more than one water safety committee meeting per year (Teams is acceptable).

D. The water safety management plan will be based on the principles and requirements outlined in the Statement of Work, VHA Directive 1061, and the following:

E. ASHRAE Guideline 12-2000, Standard Minimizing the Risk of Legionellosis Associated with Building Water Systems for Legionella (reference CDC website) http://www.cdc.gov/legionella/about/prevention.html

ii. OSHA Technical Manual – Section III: Chapter 7 (https://www.osha.gov/dts/osta/otm/otm_iii/otm_iii_7.html)

iii. Safe Drinking Water Act (SDWA) (http://water.epa.gov/lawsregs/rulesregs/sdwa/index.cfm)

iv. CTI Guidelines WTB-148, Legionellosis Guideline: Best practices for Control of Legionella (http://www.cti.org/downloads/WTP-148.pdf)

v. Joint Commission Environment of Cares Standards

vi. CMS Requirements to Reduce Legionella Risk in HealthCare Facility Water Systems to Prevent cases and Outbreaks of Legionnaires’ Disease (LD)

vii. ANSI/ASHRAE Standard 188 Legionellosis: Risk Management for Building Water Systems

5. RESPONSIBILITY OF THE MEDICAL CENTER:

A. Providing the name and contact information of the liaison for the vendor to the water safety committee to the vendor. Currently this will be the Program Office Point of Contact.

B. Review, discuss, and ensure understanding of the water management plan.

C. Providing standard operating procedures (SOPs), schematics, and other documents necessary for the development of a comprehensive water safety management plan.

D. Providing updates to the facility’s water system through construction to the vendor.

6. LOCATIONS WITHIN THE BUILDINGS ARE LOCATION/TYPE:

A. -Building 45 CLC (advanced monitor) B. -Building 7 (advanced monitor) C. -Building 9 (advanced monitor) D. -Central Plant (CTWA)

7. SERVICE, MAINTENANCE, AND CONTINOUS MONITORING:

A. The Contractor shall perform continuous water monitoring equipment servicing and preventative maintenance of their proprietary devices monthly.

B. Ensure that the Web-based data management system is recording all data required in accordance with VHA Directive for continuous water monitoring and all replace all consumables required on each unit and perform maintenance required to maintain each system as well as scheduled and unscheduled service calls and labor needed for repairs to exclude parts needed for repairs.

C. Potable water entering each building subject to this Directive shall be continuously monitored for incoming water pressure and the following characteristics: temperature, pH, dissolved solids, and oxidant residual.

D. Temperature monitoring must be conducted, at a minimum, in the following types of areas: incoming water supply to the building, water storage tanks, hot water discharge at the hot water source equipment, hot water return proximal to the hot water source equipment, water at the return of circulation loops and water supplied to representative outlets

E. CONTRACT QUALIFACTIONS- Offeror must provide proof of authorized distributor letter from PWS OEM at time of quote submittal.

8. KEY PERSONNEL: The Contractor will identify one remote full-time manager or supervisor during all scheduled working hours to ensure compliance with the contract specifications.

A. Additionally, key personnel shall be able to respond to agency needs in instances where services are needed outside of normal hours of operation to include weekends and holidays. The Contractor shall furnish the COR with contact information (phone number, e-mail, etc.) for key personnel.

B. Any personnel the contractor offers as substitutes shall have the ability and qualifications equal to or better than personnel being replaced. The substitution of key personnel shall be submitted to the COR and CO within 14 calendar days prior to making any change in key personnel. This request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution.

9. UNINTERUPTED PERFORMANCE: The Contractor shall maintain an adequate workforce and resources for the uninterrupted performance as outlined in this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential. The Contractor shall be responsible for all means, methods, techniques, sequences and procedures, and for coordinating all portions of the work under the contract except where otherwise specified in the contract documents. The Contractor shall enforce strict discipline and good order among the contractor employees on the site and shall not employ any unfit person or unskilled in the work assigned to him/her. Removal of any contractor employee from the worksite who endangers persons or property does not reduce the contractor’s obligation to perform services.

A. Post Award Conference/Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will appraise the Contractor of how the government views the Contractor's performance and the Contractor will appraise the Government of problems, if any, being experienced. The Government will take appropriate action to resolve outstanding issues. These meetings may occur at Overton Brooks VA Medical Center facility or at the Contractor’s office location and shall be at no additional cost to the government. Unless otherwise directed by the Contracting Officer, teleconference is an acceptable method of conducting meetings.

B. Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The Contractor will maintain open communication. The Contractor will respond to government query prior to the close of business day in which the inquiry is made.

C. Contract Discrepancy report (CDR). In cases where the Contractor does not satisfactorily perform services the COR shall issue a CDR to the Contractor. The Contractor shall sign the form and state what corrective actions he/she will take to resolve the deficiency. A copy of the signed form will be maintained by the COR and a copy will be forwarded to the Contracting Officer. If the same deficiency continues, there may be cause for an official meeting to be conducted among the Contractor, Contracting Officer and the COR to address the issue.

D. A mutual effort will be made to resolve all problems identified. The COR will prepare the written minutes of the meeting within 72 hours after each meeting. The minutes will be signed by the Contractor, Contracting Officer, and COR. If the Contractor does not achieve satisfactory performance by the agreed suspense date, a second CDR will be issued, and payment may be withheld until satisfactory performance is achieved. A third CDR may result in a Cure Notice being issued. However, the Contracting Officer may issue a Cure Notice at any time he/she deems appropriate.

10. WEB BASED DATA MANAGEMENT SYSTEM

The existing web-based data management system provides the following functions and therefore shall be used to upload validation test results:

All information stored in the system is available 24/7 via password protected access WMP-related reports (including validation testing results, meeting minutes, verification reports, and service provider reports) can be stored and available for immediate access by all users.

· Customized charts, reports, views and data entry screens as requested

· Management dashboards with industry benchmarking

· Send text or email alerts for data that is outside of set parameters

· Data collection via tablets and other hand-held devices

· Automated data collection via continuous monitoring equipment (equipment not included)

· Validation test results immediately uploaded into your analysis site

· Exportable data to excel and other formats

11. SERVICE SUMMARY:

Required Services (Tasks)

Performance Standards

Acceptable Quality Levels Methods of Surveillance

Inspection

Inspection

Inspection

Inspection

Table 1

12. PERIOD OF PERFORMANCE: Working hours for this contract are between 6:00pm to 4:30 am., Monday through Friday excluding weekends and federal holidays. This is a firm-fixed priced contract that will consist of one (1) base year and four (4) one-year options.

The Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

VA follows all Federal holidays that are sent by law (USC Title 5 Section 6103). The Government hereby provided notice, and the Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year’s Day January 1 Martin Luther King Jr.’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 14 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by the US government agencies.

In addition to the days designated as holidays, the Government observes the following days:

- Any other day designated by Executive Order

- Any other day designated by the President’s Proclamation; and

- Any other day designated by Federal Statute

Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month optional performance periods. The Period of Performance reads as follows:

Base Year Date of Award thru Sept 28, 2026

13. SPECIAL CONSIDERATIONS:

A. Supervision/Communications. During the performance, the vendor shall be available by phone or email.

B. The Program Office Point of Contact is responsible for the inspection of the work called for in this job. The Program Office Point of Contact will be identified in the task order by name, telephone number and location. Inspections made by the Program Office Point of Contact are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities.

C. The Program Office Point of Contact for this contract is J.W. Poole. Jerrell.poole@va.gov. Changes to the person serving as the Program Office Point of Contact will be submitted to the vendor and the Contracting Officer as soon as they are known.

D. Contractor Furnished Materials: The vendor shall supply all supplies for collection, packaging, and shipping to conduct work as listed in the Statement of Work above.

E. The vendor representative is required to wear a uniform that identifies the person as an employee of the vendor and a badge that clearly states the employee’s name. A picture badge is preferred.

F. The Certification and Accreditation (C&A) requirements do not apply, and a security accreditation package is not required. This acquisition does not involve the storage, generating, transmitting, or exchanging of VA sensitive information. It does not require a C&A or MOU-ISA for system interconnection.

G. The facility 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 the facility shall 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 shall be identified as required by FAR 52.227-11 through FAR 52.227-20.

H. All medical center properties and locations are smoke/vape-free.

14. REFERENCE (S):

A. VA Affairs Handbook 6500, Risk Management Framework for VA Information Systems – Tier 3: VA Information Security Program, 10 Mar 2015.

B. Veteran Health Administration Procurement Manual (VHA PM) – 11/3/2014.

C. VA Handbook 1901.01, Health Information Management and Health Records – 19 Mar 15.

D. VHA Handbook 1605.5, Business Associate Agreements – 22 July 2014 E. Privacy Act of 1974 (5 U.S.C. 552a).

F. VHA DIRECTIVE 1061(4), PREVENTION OF HEALTH CARE-ASSOCIATED LEGIONELLA DISEASE AND SCALD INJURY FROM WATER SYSTEMS

15. INVOICES: OFFEROR May submit invoices for any completed and government accepted items on the Price Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR). A properly prepared invoice will contain:

a) Invoice Number and Date

b) Contractor’s Name and Address

c) Accurate Purchase Order Number

d) Supply or Service provided

e) Total Amount Due

Payments shall be made in accordance with the Prompt Payment Act out of the Government annual appropriate funds obligated in a task order which will be issued after the contract is awarded.

Note: Invoices that are not in compliance with the aforementioned requirements under this paragraph will be rejected for payments and required to be resubmitted

End of Statement of Work

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

852.215-70

852.212-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEVIATION)

GRAY MARKET AND COUNTERFEIT ITEMS

JAN 2023

FEB 2023

C.2 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:

END OF ADDENDUM TO 52.212-4

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause) C.5 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) [] 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.6 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.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[X] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (JAN 2025) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.