36C25725Q0136.docx

36C25725Q0136

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

POINT OF CONTACT*

Contracting Officer Mr. Shawn R. Reinhart shawn.reinhart@va.gov 254-421-6661

PLACE OF PERFORMANCE

Amarillo VA Healthcare System

Thomas E. Creek VAMC

6010 Amarillo Blvd West

Amarillo TX

ADDITIONAL INFORMATION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

The purpose of this notice is to publish the Government’s solicitation for UPS Systems Service for Amarillo VA Healthcare System.

Page 1 of

Page 1 of

Page 1 of

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C25725Q0136 11-2 -2024 Mr. Shawn R. Reinhart 254-421-6661 12-12-2024 09:00

CST

36C257 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504 X X 541519 $34 Million Net 30 N/A X 36C504 Department of Veterans Affairs Amarillo VA Healthcare System Thomas E. Creek VAMC 6010 Amarillo Blvd West Amarillo TX 79106 36C257 Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building 171 Temple TX 76504

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540 See CONTINUATION Page Uninterrupted Power Source (UPS) preventive maintenance and Service in accordance with the Statement of Work (SOW).

Refer to Instructions to Offerors and Evaluation Factors on pages 26 to for additional details.

See CONTINUATION Page X X X Shawn R. Reinhart Contracting Officer Page 1 of Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

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:

a. Quarterly []

b. Semi-Annually []

c. Other [X] As services are completed and accepted by the COR

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.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Regular Preventive Maintenance visits for UPS and Battery Systems to include PMI on Schneider Electric Galaxy 5000 60 KVA UPS, Schneider Electric MGE Galaxy 3500 30 KVA UPS, and Peco II 48V DC Power Plant 2 site visits per year as requested by the COR *PMI includes inspection on battery cabinet and bypass associated with the UPS equipment.

Contract Period: Base POP Begin: 1-year from date of award POP End:

Remove 72 each UPS12-490MR existing batteries and install new on Schneider Electric Galaxy 5000 60 KVA UPS. Record baseline voltage and impedance data and provide detailed report.

Contract Period: Base POP Begin: 1-year from date of award

Regular Preventive Maintenance visits for UPS and Battery Systems to include PMI on Schneider Electric Galaxy 5000 60 KVA UPS, Schneider Electric MGE Galaxy 3500 30 KVA UPS, and Peco II 48V DC Power Plant

*PMI includes inspection on battery cabinet and bypass associated with the UPS equipment.

Contract Period: Option 1 POP Begin: 1-year from end of Base Year

Test 24 existing batteries Peco II DC Power Plant. *Replace batteries if voltage and resistance levels are not within normal range per manufacturer’s specifications. Record baseline voltage and impedance data and provide detailed report.

Contract Period: Option 1

POP Begin: 1-year from end of Base Year

Regular Preventive Maintenance visits for UPS and Battery Systems to include PMI on Schneider Electric Galaxy 5000 60 KVA UPS, Schneider Electric MGE Galaxy 3500 30 KVA UPS, and Peco II 48V DC Power Plant

*PMI includes inspection on battery cabinet and bypass associated with the UPS equipment.

Contract Period: Option 2 POP Begin: 1-year from end of Option Year 1

Perform Battery Self-Test on Schneider Electric Galaxy 3500 30 KVA UPS. *Replace batteries if voltage and resistance levels are not within normal range per manufacturer’s specifications. Unit contains 192, 12V 7AH batteries (24ea SYBTU1-PLP units). Record baseline voltage and impedance data and provide detailed report.

Contract Period: Option 2 POP Begin: 1-year from end of Option Year 1

Regular Preventive Maintenance visits for UPS and Battery Systems to include PMI on Schneider Electric Galaxy 5000 60 KVA UPS, Schneider Electric MGE Galaxy 3500 30 KVA UPS, and Peco II 48V DC Power Plant

*PMI includes inspection on battery cabinet and bypass associated with the UPS equipment.

Contract Period: Option 3 POP Begin: 1-year from end of Option Year 2

Regular Preventive Maintenance visits for UPS and Battery Systems to include PMI on Schneider Electric Galaxy 5000 60 KVA UPS, Schneider Electric MGE Galaxy 3500 30 KVA UPS, and Peco II 48V DC Power Plant

*PMI includes inspection on battery cabinet and bypass associated with the UPS equipment.

Contract Period: Option 3 POP Begin: 1-year from end of Option Year 3

B.3 DELIVERY SCHEDULE

Amarillo VAHCS 6010 Amarillo Blvd West Amarillo, TX 79106

USA

806-355-9703 x7397 rogelio.rodriguez4@va.gov

B.4 STATEMENT OF WORK

UNINTERRUPTIBLE POWER SUPPLY SYSTEMS SERVICE

1. BACKGROUND. The Amarillo VA Health Care System’s Thomas E. Creek hospital located at 6010 Amarillo Blvd West, Amarillo, Texas 79106, requires regular preventative maintenance services as specified by system manufacturer for three (3), Uninterruptible Power Supply (UPS) systems per the schedule. The Contractor shall be subject to the application of VA Directive 0710 titled Personnel Security and Suitability Program from June 4, 2010 amended on June 24, 2024.

2. DEFINITIONS/ACRONYMS

CO - Contracting Officer: The Contracting Officer is a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

COR - Contracting Officers Representative: A person responsible to furnish technical guidance and advice or generally monitor the work performed under the contract. COR’s will not be authorized to make any commitments or changes, which will affect the price, quantity, and quality or delivery terms.

PMI – Preventive Maintenance Inspection: Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

3. SCOPE OF WORK. The Contractor shall provide preventative maintenance and scheduled battery replacement on three (3) UPS systems, provide support to the Government for the equipment and perform maintenance/service on equipment listed below and, in the Line-Items. Maintenance and service on the three (3) systems shall be executed under this contract as detailed in the contract line-items provided and PM procedures listed in this Statement of Work. The Contractor shall perform a PMI at intervals listed in the schedule and shall provide complete support on equipment/systems as provided for in the contract and according to the manufacturers specifications.

Written, preventive maintenance (PM) procedures (specific to each equipment) shall be submitted for approval to the Facilities Engineering section within the first 30 days after contract award. PM shall be accomplished in accordance with the approved written procedures and in accordance with the system manufacturer’s requirements. Parts and service labor or scheduled PM service beyond this Statement of Work is not included. The Contractor shall provide all labor, tools, materials, equipment, transportation, supervision, and other items and services necessary to perform preventive maintenance services.

3.1 EQUIPMENT.

· Schneider Electric Galaxy 5000 60 KVA UPS – Location: BLDG 1 RM 1128

· Schneider Electric MGE Galaxy 3500 30 KVA UPS – Location: BLDG 48 RM B120

· Peco II 48V DC Power Plant – Location: BLDG 4 RM 1022

4. ROUTINE PREVENTATIVE MAINTENACE PROCEDURES.

4.1 Visual Inspection (Standard UPS inspection – may not apply to all equipment listed in this contract.)

· Check and record alarm logs.

· Clean or replace all air filters.

· Check all fans for slow start and free rotation.

· Check AC and DC capacitors for swelling or leakage.

· Thermal scan breakers, power connections, fuses, and controls.

· Check for DC capacitor vent caps that have extruded more than 1/8”.

· Check power connections for excessive heating, corrosion or swelling.

· Check subassemblies, wiring harnesses, cables for burns or broken wires.

· Check all nuts, bolts, screws and connectors for tightness and heat discoloration.

· Check all circuit boards and connections for cleanliness and or possible problems.

· Check input and output grounding is proper and sufficient for customer application.

· Check AC input and output for proper wiring, grounding and verify to NEC code standards.

· Check area for any safety concerns that may affect the safety of the technician or customer.

4.2 Operational Inspections (Standard UPS inspection – may not apply to all equipment listed in this contract.

· Check bypass voltage and frequency for proper available power.

· Check power quality and harmonic distortion levels on special request.

· Check input power and harmonic filters for proper operation and balance.

· Check output power and harmonic filters for proper operation and balance.

· Check input voltage, amperage, and frequency readings for proper levels and balance.

· Check output voltage, amperage, and frequency readings for proper levels and balance.

· Pending approval, perform operational system test including unit transfer and battery discharge.

· Review system performance with customer to address any questions and to schedule any repairs, depending on availability of customer.

4.3 Internal Component Inspections (Standard UPS inspection – may not apply to all equipment listed in this contract.)

· Check static switch voltages and inspect for any leakage.

· Check inverter voltages and balance for proper operation.

· Check rectifier voltage and current balance for proper operation.

· Check fuses on the DC capacitor deck for continuity if applicable.

· Install or perform Engineering Field Change Notices (FCN) as necessary.

· Check and calibrate any logic and control signals as specified in the manufacturer’s procedures.

· Check and calibrate all power supply settings in accordance with manufacturer's specified settings.

· Check all indicators and meters for proper operation and calibration adjusting as necessary in accordance with the manufacturer’s maintenance procedures.

4.4 External Environmental Checks

· Check ambient temperature of the UPS room.

· Check location for cleanliness and accessibility.

· Check for service clearances and for any airflow obstructions.

4.5 VRLA Battery System (Standard UPS inspection – may not apply to all equipment listed in this contract.)

· Inspect batteries for any swelling.

· Re-torque any connecting points as necessary.

· Inspect for any corrosion at the connecting points.

· Measure and record all internal impedance readings.

· Record battery date codes, number of cells and strings.

· Perform individual battery load testing when applicable.

· Measure and record DC bus ripple voltage when applicable.

· Measure and record all battery connection resistances in micro-ohms when applicable.

· If rack mounted, inspect rack system structural integrity. Tighten bolts as necessary.

· If cabinet mounted, inspect tray systems for structural integrity. Tighten bolts as necessary.

· Check system float voltage and current and adjust if necessary to manufacturer’s specified settings.

· Clean and retighten all terminal connectors and check for NO-OX grease or oil on all connections (when needed and/or accessible).

· Measure individual battery temperatures and check for any hot spots or readings which are out of the manufacturer’s recommended temperature variance when accessible.

5. PERIOD OF PERFORMANCE. One (1) year from date of award and 4 one-year options. (Actual dates will be filled in at time of award).

6. PERFORMANCE. Preventive maintenance and/or support shall be scheduled with the Contracting Officer’s Representative (COR). Before performing any work, the service representative shall report to Facilities Engineering, Building 34, to log in and obtain a Contractor identification badge, sign a log maintained by Facilities Engineering (if required) and sign out upon completion of work. The log entry shall state the nature of the visit and the time and place of the visit. Failure to carry out the above procedures shall be considered as a failure to document the service visit and will constitute a failure to perform.

7. DOCUMENTATION.

a. At the completion of the service call, the service representative shall submit a complete service report to Facilities Engineering. Service reports shall be provided for all service activities including preventive maintenance, emergency repair, equipment support and safety inspections, and shall contain the following information:

· Date(s) and time of service.

· Complete description of equipment serviced including model number and serial number.

· Complete description of equipment services performed including upgrades, updates and software changes made.

· Complete list of all materials, parts, or assemblies installed or replaced including serial numbers of parts where applicable.

· A statement of the complaint that initiated the service call.

· Total standard labor hours, total overtime/premium hours, and total travel hours expended during the repair.

b. The Contractor shall also provide the additional information when asked for by the COR.

· A record showing when each preventative or emergency maintenance visit was made.

· Calibration verification for each testing instrument used during the preventative maintenance check for each equipment/component.

· The Contractor shall maintain a performance assurance log showing when the scheduled preventative maintenance checks were performed on each equipment item in the system.

· The logs and records shall be of a quality sufficient to satisfy the maintenance program requirement requirements of the Joint Commission on Accreditation of Health Care Organizations. This documentation shall be presented to the COR or POC before departing the station.

8. HOURS OF OPERATION. Normal duty hours are 8:00 a.m. through 4:30 p.m., Monday through Friday, not including federal holidays. Whenever contact with Facilities Engineering is required outside of normal duty hours, the Utility System Repair Operator (USRO) may be contacted as an alternate. The hospital operator at extension "0" can contact the USRO operator via 806-355-9703 x7448.

The Government observes the listed days as holidays. If the holiday falls on a Saturday, the Friday before is the holiday. If the holiday falls on a Sunday, the Monday after is the holiday:

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

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President’s Proclamation

The observance of such days by Contractor personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

9. REPLACEMENT PARTS. Only new standard original equipment manufacturer (OEM) or equivalent batteries (no refurbished batteries) shall be used in replacement. All new batteries furnished shall be current manufacture and shall have full compatibility with the equipment for which it is intended. All other parts for repair of equipment listed in this contract are not included.

10. LOCATION OF SERVICE. Whenever practicable, all repairs shall be made on site at the VA Medical Center. When removal of equipment to the Contractor’s shop is necessary, the Contractor service representative shall coordinate through the COR prior to removing any equipment from the premises. Similar equipment shall be furnished by the Contractor without expense to the government when equipment is removed from the premises.

VA Health Care System Thomas E. Creek VA Medical Center 6010 Amarillo Blvd West Amarillo, Texas 79106

11. CONTRACTING OFFICER’S REPRESENTATIVE. The following person is the Contracting Officer’s Representative.

Name: Rogelio Rodriguez Phone: 806-355-9703x7397 Email: rogelio.rodriguez4@va.gov

12. RESPONSE TO SERVICE REQUESTS. The Contractor shall respond to requests for emergency service and/or support in the following manner:

· A competent service representative adequately equipped with tools, test instruments and repair parts shall arrive at the Thomas E. Creek VA Medical Center within the designated response time.

· The competent service representative shall be prepared to begin work immediately to resolve the complaint as expressed by the COR when service was requested. Work to resolve the complaint shall continue without interruption until the problem is resolved.

· The service representative shall report on site equipped with all the service/technical manuals needed to perform the work.

The service representative shall contact VA staff by phone before arrival at the designated site. Such contacts, however, shall not serve to alter the requirements for arrival on-site except when the request for service is withdrawn by Facilities Engineering.

PM shall be completed by the 15th day of the month in which preventative maintenance is scheduled. The Contractor shall notify the COR if unable to accomplish PM by the 15th of the month.

All requests for repair service shall be considered requests for emergency service unless a statement to the contrary is made by the COR. Such statements shall be documented on the service report.

13. GOVERNMENT REPAIRS. Government employees will work on the equipment only with authorization of the Contractor or following the failure of the Contractor to respond. The Government is not obligated to perform any work on the equipment.

14. PRIOR INSPECTION OF EQUIPMENT. Potential Contractors may, at their own expense, inspect equipment covered by this contract upon issuance of the order. Arrangements shall be made in advance with Facilities Engineering.

15. EMERGENCY SERVICES. The COR will make emergency calls to the Contractor on as needed basis to provide services outside of the normal duty hours.

16. WARRANTY. The Contractor shall warrant and guarantee workmanship on all parts furnished by the Contractor and repaired at no additional cost to the Government unless it is determined that repairs needed were the fault of the Government.

17. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS. The Contractor’s field service employees shall wear visible identification issued by the VA Medical Center Police. The Contractor and the Contractors employees shall park in the appropriate designated parking areas. Information on parking is available from the VA Police Service. The VA Medical Center will not validate or make reimbursements for parking violations to the Contractor under any conditions. Smoking is prohibited inside any buildings at the VA Medical Center. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

(END OF STATEMENT OF WORK)

(END OF SECTION B)

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

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

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

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

(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.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. 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:

[] 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 complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. 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 Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

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

(End of Clause)

C.4 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) [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 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.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

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

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

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

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

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

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

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

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

(End of Clause)

C.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 52.252-2 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)

(End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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, or Proposed for Debarment. (NOV 2021) (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).

[] (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 (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii)…