36C25923Q0941 Air Ride Lawnmower Solicitation.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Air Ride Lawnmower

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 80111

SOLICITATION NUMBER* 36C25923Q0941

RESPONSE DATE/TIME/ZONE 09-19-2023 5PM MOUNTAIN TIME, DENVER, USA

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBS

PRODUCT SERVICE CODE* 2420

NAICS CODE* 333111

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

POINT OF CONTACT*

Contracting Specialist Lewis Jones Lewis.jones3@va.gov

(303) 712-5720

PLACE OF PERFORMANCE

ADDRESS Fort Harrison VA Medical Center 3687 Veterans Drive

Fort Harrison, MT 59636

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov/montana-health-care/locations/fort-harrison-va-medical-center/

URL DESCRIPTION Fort Harrison VA Health Care System AGENCY CONTACT’S EMAIL ADDRESS Lewis.jones3@va.gov EMAIL DESCRIPTION Lewis Jones

DESCRIPTION

Request for Quote (RFQ) #: 36C25923Q0941

Fort Harrison VA Medical Center Lawn Maintenance Equipment

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.6, 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. The

Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 12:00pm MST, 09/15/2023.

All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to Lewis.Jones3@va.gov no later than 5:00pm MST, 09/19/2023

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial

Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

(ii) This is a Request for Quote (RFQ) and the solicitation number is 36C25923Q0941. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2023-04 effective June 02, 2023.

(iv) The North American Industrial Classification System (NAICS) code for this procurement is 333111 with a small business size standard of 1250 employees. This solicitation is a 100% set-aside for Service-Disabled

Veteran Owned Small Business.

(v) List of Line Items to be delivered to Fort Harrison VA Medical Center;

Please note the offers shall meet the salient characteristics off each line item in part (vi) Description of

Requirements for the items to be acquired; to be considered for award.

Line Item

Description Quantity Unit of Measure

Unit Price

Total Price

0001 Commercial Mower 1 EA $ $

Grand Total

(vi) Description of Requirements for the items to be acquired;

o Freight shall be added to the price of the line items rather than be its own expense.

o The VAAR 852.219-76 Limitations on Subcontracting clause shall be completed and submitted with the quote to be considered for award.

o Attachment A – Line Items shall be completed and submitted with the quote to be considered for award.

Salient Characteristics

Commercial out front rotary mower with ROPS - without cab

Liquid cooled diesel

Power: approximately 37 - 40 hp

Fuel capacity approximately 12-gallon (45 L)

All-wheel drive (If one of the front tires begins to slip, power is transferred to the opposite rear tire for optimum traction)

Rear Discharge Cutting Deck approximately 72” (183 cm)

Rear Discharge Cutting Deck Accessories

Recycler/mulching kit

Semi-pneumatic (flat-free) front castor wheels standard dynamic braking through hydrostat and foot pedal

Parking Brake: Hand-actuated drum type on front left and right traction wheels

Hydraulic Power Steering

Tilt steering wheel released and locked by a foot actuated lever

All welded tubular and formed steels

Engine mounted approximately 350 ft. lb (475 Nm) rated electro-magnetic PTO clutch drives 2" (5 cm) with telescoping shaft

Rotary deck connection allows for tip-up service position without disconnection of PTO

Front: 24 x 12 - 12, 4-ply, Rear: 18 x 9.5 - 8, 4-ply tires

12V maintenance-free battery with at least 540 cold cranking amps at 0 degrees F (-18 degrees C), at least 80-minute reserve capacity at 80 degrees

F (27 degrees C) at least a 55-amp alternator

PTO

lift/lower traction and parking brake interlock switches

Easy access to fuse panel and battery

Air-Ride Suspension Seat

The power unit must have the ability to also mount 60-inch rotary broom and

60-inch snow blower

(vii) Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical

Center, located at

Fort Harrison VA Medical Center

3687 Veterans Drive

Fort Harrison, MT 59636

(viii) 52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

(a) Gray market items are Original Equipment Manufacturer’s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e.

replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

(b) Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment

(i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM’s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

(d) Any award made as a result of this solicitation will be made on an All or Nothing Basis.

(e) State if quoted items are available and priced through offerors existing Government-wide Acquisition

Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

(f) If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

(g) Offerors are warned against contacting any VA personnel other than the Contracting Officer and

Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

(h) All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

(i) All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

(j) Submission of quote shall include the following volumes: (I) - Technical capability or quality of the item offered to meet the Government requirement; (II) - Price; (III)- Delivery Lead Time; (IV)

Completion of “Attachment - VAAR Clause 852.219-76 VA Notice of Limitations on

Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)”; (V) -

Attachment A – Line Items

Volume I - Technical capability or quality of the item offered to meet the Government requirement

The offeror shall submit specifications, cut sheets, or brochures confirming the “equal” products, including “equal” products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number.

Volume II - Price - The offeror shall complete the pricing schedule provided in Section (v) above:

Price/Cost Schedule.

Volume III - Delivery Lead Time – The offeror shall state the required number of calendar days to deliver the item, to include installation, if applicable.

Volume IV - Completion of “Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on

Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)”

The offeror shall complete the “Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on

Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)” and submit as part of the quote.

Volume V - Attachment A – Line Items – The offeror shall complete “Attachment A – Line Items and submit as part of the quote.

(End of Addendum to 52.212-1)

(ix) 52.212-2, Evaluation--Commercial Items applies to this acquisition https://www.vip.vetbiz.gov/

ADDENDUM to FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government considering price and other factors.

(b) The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement

Factor 2. Price

Factor 3. Delivery Lead Time

Factor 4. Completion of “Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on

Subcontracting- Certificate of Compliance for Supplies and Products (DEVIATION)”

Factor 5. Completion of Attachment A – Line Items

(c) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Price: The Government will evaluate the price by adding the total of all line item prices. The

Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the

Government requirement shall not be selected regardless of price.

Factor 3. Delivery Lead Time - The Government will evaluate delivery lead time and select the quoter/offer whose delivery lead time is most advantageous to the Government. The Government may consider an award to other than the lowest priced quoter/offeror if it’s in the best interest of the Government.

Factor 4. Completion of “Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on

Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)”: The Government will evaluate the responses an offeror makes to Attachment - VAAR Clause 852.219-78 VA Notice of

Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)” for completeness. If an offeror fails to complete Attachment - VAAR Clause 852.219-78 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Supplies and Products (DEVIATION)” their quote will be determined ineligible for award.

Factor 5. Completion of Attachment A – Line Items – The offeror shall complete “Attachment A – Line

Items and submit as part of the quote.

(End of Addendum to 52.212-2)

(x) 52.212-3, Offeror Representations and Certifications – Commercial Items, applies to this acquisition.

Offerors must complete annual representations and certifications electronically via the System for Award

Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required. Offerors must be registered in SAM at time of offer submission.

(xi) 52.212-4, Contract Terms and Conditions--Commercial Items – applies to this acquisition

(xii) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--

Commercial Items (JUL 2020) applies to this acquisition

FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

FAR 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (OCT 2020)

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020)

FAR 52.219-28 Post Award Small Business Program Representation (NOV 2020)

FAR 52.219-33 Nonmanufacturer Rule (MAR 2020)

FAR 52.222-3 Convict Labor (JUN 2003)

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (JUL 2020)

FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-26 Equal Opportunity (SEP 2016)

FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

FAR 52.222-37 Employment Reports on Veterans (JUN 2020)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC

2010)

FAR 52.222-50 Combating Trafficking in Persons (OCT 2020)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

FAR 52.225-1 Buy American—Supplies (JAN 2021)

FAR 52.225–5 Trade Agreements (JUL 2020) (DEVIATION)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

FAR 52.229-12 Tax on Certain Foreign Procurements (JUN 2020) –

FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

(xiii) Additional contract requirements or terms and conditions:

52.219-14 Limitations on Subcontracting

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

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

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

(2) Is considered small for the size standard under the North American Industry Classification System

(NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

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

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

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

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

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

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

19.504(c)(1)(ii);

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

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

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

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

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the

Contractor agrees that in performance of a contract assigned a North American Industry Classification

System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the

Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

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

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

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

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

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

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

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

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

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small

Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020)

VAAR 852.203-70 Commercial Advertising (MAY 2018)

VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(DEC 2009) – if SDVOSB set-aside

VAAR 852.232-72 Electronic Submission of Payment Requests (NOV 2018)

VAAR 852.233-70 Protest Content/Alternative Dispute Resolution (SEP 2018)

VAAR 852.233-71 Alternate Protest Procedure (SEP 2018)

VAAR 852.246-71 Rejected Goods (OCT 2018)

852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

http://www.acquisition.gov/far/index.html https://www.acquisition.gov/vaar

The following FAR provisions are to be incorporated by reference:

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (JUN 2020) –

The following VAAR provisions are to be incorporated by reference:

None

The following FAR clauses are incorporated by reference:

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (JUN 2020)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

The following VAAR clauses are to be incorporated by reference:

VAAR 852.212-71 Gray Market Items (APR 2020)

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply.

(xv) Date and Time offers are due to Lewis.Jones3@va.gov by 5:00pm MST, 09/19/2023.

(xvi) Name and email of the individual to contact for information regarding the solicitation:

Lewis Jones

Lewis.Jones3@va.gov

VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(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) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed http://www.acquisition.gov/far/index.html https://www.acquisition.gov/vaar subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph

(a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology

Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA.

[Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).] b If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting

Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) 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.

(4) 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 section 1001 of title 18. (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 or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. 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. 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: _______________

See attached document: Attachment A - Line Items.