36C25926Q0294.docx
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- S202--Fire Protection Services
- Solicitation number
- 36C25926Q0294
About this file
This is a Presolicitation Notice for fire protection services at the Sheridan VA Health Care System in Sheridan, Wyoming. The Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 19 Network Contracting Office intends to award a sole-source, Firm Fixed Price contract to the Sheridan, Wyoming Fire Department. The solicitation number is 36C25926Q0294, with a response deadline of March 12, 2026, at 10:00 AM Mountain Time. Although this is not a competitive solicitation, any firm believing it can meet the requirements may submit written notification with supporting evidence of capability by the response due date. The estimated period of performance is April 1, 2026, through March 31, 2027, with a base period plus four option periods. Contractors must be registered in the System for Award Management (SAM) at the time of response. The applicable NAICS code is 922160 (Fire Protection) and the Product Service Code is S202.
The contract requires 24/7 fire protection services to all buildings owned by the Sheridan VA Health Care System within the Sheridan Fire Department jurisdiction. Key requirements include responding to alarms with a minimum of one 1,250 GPM pumper and four trained firefighters in compliance with NFPA standards (1901, 1500, and 13E). Amendment #1 specifies that average response time from the fire station to the VA Medical Center shall not exceed 10 minutes. Additional responsibilities include conducting annual fire hydrant testing per NFPA 291, developing and maintaining pre-fire plans, performing hazardous materials response, conducting rescue operations, and providing annual hands-on fire extinguisher training to VA employees. The VA retains responsibility for maintaining fire suppression and detection systems, notifying the contractor of system outages, and conducting system inspections and testing. The contract includes standard federal clauses addressing insurance requirements (general liability of $500,000 per occurrence, automobile liability of $200,000 per person/$500,000 per occurrence), Service Contract Labor Standards, and various compliance and reporting requirements. Responses should be submitted via email to charles.gritzmacher@va.gov.
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Presolicitation Notice
| SUBJECT* |
| Fire Protection Services |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 80111 |
| SOLICITATION NUMBER* |
| 36C25926Q0294 |
| RESPONSE DATE/TIME/ZONE |
| 03-12-2026 10:00 MOUNTAIN TIME, DENVER, USA |
| ARCHIVE |
| 30 DAYS AFTER THE RESPONSE DATE |
SET-ASIDE
| PRODUCT SERVICE CODE* |
| S202 |
| NAICS CODE* |
| 922160 |
| PLACE OF PERFORMANCE |
| Sheridan VA Health Care System |
1898 Fort Road
Sheridan WY
| POSTAL CODE |
| 82801 |
COUNTRY
CONTACT INFORMATION
| 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*
Charles Gritzmacher charles.gritzmacher@va.gov
DESCRIPTION
| *=Required Field |
| Presolicitation Notice |
Presolicitation Notice
NOTICE OF INTENT TO SOLE-SOURCE
The Sheridan, Wyoming, Fire Department Fire Protection Services – Sheridan, Wyoming
Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) Network Contracting Office (NCO) 19 intends to award a sole-source, Firm Fixed Price contract for fire protection services to the Sheridan, Wyoming, Fire Department. This requirement is to provide fire protection services in support of the Sheridan VA Health Care System (SVAHCS) located at 1898 Fort Road, Sheridan, Wyoming 82801.
THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE QUOTES; however, any firm that believes it can meet the requirements may give written notification before the response due date and time. Supporting evidence must be furnished in sufficient detail to demonstrate the ability to perform the requirement for the estimated period of performance. Responses received will be evaluated; however, a determination by the Government not to complete the proposed procurement based upon responses to this notice is solely within the discretion of the Government. If no responses are received, the Government will proceed with the award. The Government will not be responsible for any costs incurred by responding to this notice.
The applicable NAICS code for this requirement is 922160 – Fire Protection. The Product Service Code (PSC) is S202. The estimated Period of Performance (POP) for this base plus four option period requirement is: 04-01-2026 to 03-31-2027.
Contractors must be registered in the System for Award Management (SAM) at www.sam.gov at the time of the response due date. A Justification and Approval (J&A) will be executed by the Head of the Contracting Activity (HCA) for the contract and will be posted to Contract Opportunities as required by Federal Acquisition Regulation (FAR) 6.104, 10 U.S.C. 3204(f), and 41 U.S.C. 3304(f).
The statutory authority for applying the Simplified Procedures for Commercial Items is FAR 12.102(b).
No solicitation documents are available, and telephone requests will not be honored. All responses shall be submitted via e-mail to charles.gritzmacher@va.gov by 10:00 AM (Mountain Time) 3/12/2025.
Performance Work Statement (PWS)
Fire Protection Services Sheridan VA Health Care System Sheridan WY
As per Amendment #1, response time from fire station to VA Medical Center shall be (on average) no longer than 10 minutes.
1. Purpose
1.1. The purpose of this contract is to establish continual and reliable fire protection services to meet or exceed all applicable standards as found in NFPA 13E, 1901, and 1500, and the Department of Veterans Affairs regulations as described in MP-3, Part III, Change 22, paragraph 34.04. These references shall be used as a minimum as this scope of work contains requirements that exceed the basic requirements of the references and are described herein.
1.2. Department of Veterans Affairs, Sheridan VA Health Care System, herein referred to as
SVAHCS.
2. Fire Protection
2.1. The Contractor shall furnish fire protection to the SVAHCS twenty-four (24) hours a day/seven (7) days a week, including Holidays.
2.2. The fire protection to be provided under this contract applies to all buildings owned by SVAHCS within Sheridan Fire Department jurisdiction as well as equipment and material located therein.
2.3. The Contractor shall respond from a Fire Department no further from the SVAHCS than the current Contractor Fire Department. This is approximately 2.7 miles from an entrance to the SVAHCS and approximately 3.4 miles from the first building on SVAHCS grounds.
2.4. When an alarm is activated, the Contractor shall respond with a minimum of one 1,250 GPM pumper and four trained firefighters.
2.5. All responses shall be in accordance with NFPA 1901.
2.6. The Contractor shall take appropriate actions to suppress any fire and perform rescue associated with these fires. At a minimum, all responding personnel shall be trained in first aid.
3. SVAHCS Fire Suppression and Detection System
3.1. The SVAHCS will be responsible for and bear the cost of insuring that the SVAHCS Alarm system provides a UL listed notification system to the Contractor or Monitoring Center responsible for alarm notifications.
3.2. Alarm condition will signal a response request through a monitoring service and notification of a problem to the Contractor via local civilian dispatch call center.
3.3. The SVAHCS agrees to keep all fire suppression and detection systems in operation and is responsible for the testing and maintenance of those systems.
3.4. The SVAHCS will notify the Contractor anytime that a fire detection or suppression system is out of service and when it is expected to return to service.
3.4.1. During such times, notifications will be made by telephone.
4. System Inspections and Testing
4.1. Annual system inspections and testing will be the responsibility of SVAHCS. SVAHCS will advise the Contractor of any changes in the following:
4.1.1. Government employees(s) are responsible for conducting or ensuring the system inspection and testing are being conducted.
4.1.2. Government employees(s) are responsible for collecting and maintaining the system inspection(s) and testing records.
4.1.3. In the event the above is being accomplished by contract, the name and contact information of said contractor(s) will be provided if requested.
5. Incident Command
5.1. The first responding officer of the Contractor shall act as the incident commander for any fire to which they respond until such time as relieved by contractor supervisor or fire chief. The SVAHCS will furnish one point of contact for communication with the incident commander.
6. Access to the Facility
6.1. The SVAHCS Police or Safety staff (during normal duty hours) will provide keys or access to responding Contractor firefighters for access to the buildings and fire alarm systems. The Contractor agrees to safeguard these keys and return them immediately upon completion of need.
7. Fire Drills
7.1. SVAHCS Staff will be responsible for conducting fire drills as required in MP-3, Part III, and JCAHO standards. SVAHCS staff will notify the civilian dispatch call center prior to any fire drill. This will alleviate accidental response for SVAHCS initiated drills. If the Contractor wishes to observe any fire drills, they may make arrangements with the SVAHCS Staff.
8. Facility Familiarization
8.1. The contractor shall be familiar with the SVAHCS Sheridan campus and all of its buildings and use the information collected to develop and maintain or amend Pre-Fire Plans. SVAHCS Staff will be responsible for notifying the Contractor of any change to building occupancy and or layout of floor plans due to construction and or remodeling. SVAHCS will also provide the Contractor the required floor plans whether electronically or hardcopy for the purpose of Pre-Fire Plan development when requested. It shall be the responsibility of the Contractor to make periodic walk-through inspection of the SVAHCS to ensure all responders have detailed knowledge of building layout. This can be accomplished by scheduled site visits between both parties.
9. Fire Hydrants
9.1. The Contractor shall annually test VA Fire Hydrants per NFPA 291, Fire Flow Testing and send copies of the results including flow calculations to the SVAHCS. The SVAHCS will correct any deficiencies noted during inspection of hydrants in accordance with NFPA standards and notify Contractor when completed. Flow test dates and times will be coordinated with SVAHCS staff.
9.2. Records of flow tests from previous years will be made available to the Contractor upon request. The SVAHCS will provide water main and fire hydrant maps, fire flow forms and other documentation as necessary to record fire flows.
10. Alarm Definitions
10.1. Fire alarm signal – A signal initiated by a fire alarm-initiating device such as a manual fire alarm pull box, automatic smoke detector, water flow switch, or other device, whose activation is indicative of the presence of a fire or signature.
10.2. Nuisance alarm – Any alarm caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or any alarm, activated by a cause that cannot be determined.
11. Fire Extinguisher Training
11.1. Contractor shall offer hands-on fire extinguisher training with SVAHCS employees once per year.
11.2. Training should be scheduled in several sessions to allow participation from staff from all shifts.
11.3. Contractor will provide required training aids, safety equipment and training personnel.
11.4. SVAHCS will provide a suitable location for classroom education if needed as well as an outdoor location for live fire exercises. Training may be conducted at the outdoor location in conjunction with the live fire exercise weather permitting.
12. Hazardous Response
| 12.1. | The contractor will provide response for accidents, incidents or exposure to hazardous materials or chemicals. |
| 12.2. | The contractor will respond to calls for assistance due to fumes or smells from unknown sources which adversely affect the health or well-being of personnel on SVAHCS property. |
12.3. The contractor will respond to situations involving major fuel or HAZMAT spills and perform clean-up and containment operations as needed to render the scene safe.
13. Rescue Operations
13.1. The contractor will respond and perform rescue operations as needed to ensure the safety of personnel on Sheridan VAHCS
13.2. This may include but should not be limited to fire response, confined space rescue, vehicle extraction, rescue from structure collapse, industrial accident etc. Due to the types and complexity of duties by VA staff and other contractors on station, the scenarios could be vast and varied.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair / replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor.
(ii) Invoice date and number.
(iii) Contract number, line-item number and, if applicable, the order number.
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered.
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading.
(vi) Terms of any discount for prompt payment offered.
(vii) Name and address of official to whom payment is to be sent.
(viii) Name, title, and phone number of persons to notify in event of defective invoice.
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment. —
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
| (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. |
| (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— |
| (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— |
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment).
(B) Affected contract number and delivery order number, if applicable.
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
| (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. |
| (6) Interest. |
| (i) All amounts that become payable by the Contractor to the Government under this |
contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
| (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. |
| (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— |
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of debt within 30 days.
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
| (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. |
| (v) Amounts shall be due at the earliest of the following dates: |
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor.
(B) The date of issuance of a government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
| (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. |
| (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: |
| (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or |
| (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. |
| (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. |
| (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. |
| (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. |
| (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. |
| (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. |
| (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. |
| (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. |
| (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. |
| (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: |
| (1) The schedule of supplies/services. |
| (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. |
| (3) The clause at 52.212-5. |
| (4) Addenda to this solicitation or contract, including any license agreements for computer software. |
| (5) Solicitation provisions if this is a solicitation. |
| (6) Other paragraphs of this clause. |
| (7) Standard Form 1449. |
| (8) Other documents, exhibits, and attachments |
| (9) The specification. |
| (t) [Reserved] |
| (u) Unauthorized Obligations. |
| (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: |
| (i) Any such clause is unenforceable against the Government. |
| (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. |
| (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal |
instrument or agreement.
| (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. |
| (v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. |
C.2 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.3 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. |
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
| (a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. |
| (b) General Liability: $500,000.00 per occurrences. |
| (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. |
| (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. |
C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.
[X] 852.203–70, Commercial Advertising.
[] 852.209–70, Organizational Conflicts of Interest.
[] 852.211–70, Equipment Operation and Maintenance Manuals.
[] 852.214–71, Restrictions on Alternate Item(s).
[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.
[] 852.214–74, Marking of Bid Samples.
[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.
[X] 852.215–71, Evaluation Factor Commitments.
[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.
[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.
[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.
[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.
[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.
[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.
[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.
[] 852.228–70, Bond Premium Adjustment.
[] 852.228–71, Indemnification and Insurance.
[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.
[X] 852.232–72, Electronic Submission of Payment Requests.
[] 852.233–70, Protest Content/Alternative Dispute Resolution.
[] 852.233–71, Alternate Protest Procedure.
[] 852.237–70, Indemnification and Medical Liability Insurance.
[] 852.246–71, Rejected Goods.
[] 852.246–72, Frozen Processed Foods.
[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.
[X] 852.270–1, Representatives of Contracting Officers.
[] 852.271–72, Time Spent by Counselee in Counseling Process.
[] 852.271–73, Use and Publication of Counseling Results.
[] 852.271–74, Inspection.
[] 852.271–75, Extension of Contract Period.
[] 852.273–70, Late Offers.
[] 852.273–71, Alternative Negotiation Techniques.
[] 852.273–72, Alternative Evaluation.
[] 852.273–73, Evaluation—Health-Care Resources.
[] 852.273–74, Award without Exchanges.
(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:
[] 852.237–74, Nondiscrimination in Service Delivery.
(End of Clause)
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—
MONITORING AND COMPLIANCE (JUL 2018)
| (a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. |
| (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's |
business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.
| (c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. |
| (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. |
(End of Clause)
C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING
AND COMPLIANCE (JUL 2018)
| (a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include clause 852.215-71 Evaluation factor commitments. |
| (b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. |
| (c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. |
| (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments. |
C.8 VAAR 852.219-76 SUBCONTRACTING PLANS MONITORING AND
COMPLIANCE (JUL 2018)
| (a) This solicitation includes FAR 52.219-9, Small Business Subcontracting Plan, and VAAR 852.219-9, VA Small Business Subcontracting Plan Minimum Requirement. | |
| (b) Accordingly, any contract resulting from this solicitation will include these clauses, unless the contract is awarded to a small business concern. The Contractor is advised in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing the Contractor's compliance with the plan, including reviewing the Contractor's accomplishments in achieving the subcontracting goals in the plan. | To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding the Contractor's compliance with this requirement. |
| (c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. | |
| (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting plan. |
(End of Clause)
C.9 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 is 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.10 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY
INSURANCE (OCT 2019)
(a) It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered including, by example, the Contractor’s or its health-care providers’ professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its healthcare providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: However, if the Contractor is an entity or a subdivision of the State of Wyoming that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable Wyoming State law. * Amounts are listed below: (b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all healthcare providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance.
(c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health-care provider who will perform under this contract.
| (d) The Contractor shall notify the Contracting Officer within 5 days of becoming aware of a change in insurance providers during the performance period of this contract for all health-care providers performing under this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable. |
| (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for healthcare services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in paragraph (a) of this clause. At least 5-days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance. |
(End of Clause)
C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not refer in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
C.12 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND
VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)
| (a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors. |
| (b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database. |
| (c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database. |
| (d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business. |
(End of Clause)
C.13 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)
(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in an accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.
(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause)
C.14 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): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of Clause)
FAR Number Title Date
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS
JUN 2020
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON
POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.228-5 INSURANCE—WORK ON A GOVERNMENT
INSTALLATION
JAN 1997
52.232-18 AVAILABILITY OF FUNDS APR 1984
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
DEC 2013
852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020
(End of Addendum to 52.212-4)
C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS
(OCT 2020)
| (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 items: |
| (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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.115–91). |
| (3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232). |
| (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). |
| (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). |
| (6) 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 items: |
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
[] (ii) Alternate I (MAR 2020) of 52.219-3.
[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it…
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