36C26023Q0232_1.docx

36C26023Q0232

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. SIGNAT

URE 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

sandra.snediker@va.gov 36C26023Q0232 03-10-2023 Sandra Snediker sandra.snediker@va.gov 03-17-2023

15:00 MT

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 X X 561210 $41.5 Million N/A X 663A Department of Veterans Affairs Network Contracting Office 20 See Section B.3 Delivery Schedule 1495 Wilmington Drive, Suite 360 DuPont WA 98327 663A NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Anchorage, Alaska Fire Extinguishers, Suppression and Alarms VA Contracting POC: Sandra Snediker sandra.snediker@va.gov Period of Performance is as follows:

Base Period: 1 Apr 2023 to 31 Mar 2024 Option 1: 1 Apr 2024 to 31 Mar 2025 Option 2: 1 Apr 2025 to 31 Mar 2026 Option 3: 1 Apr 2026 to 31 Mar 2027 Option 4: 1 Apr 2027 to 31 Mar 2028 See CONTINUATION Page X X 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 36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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

http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK

Alaska VA Health Care System (AVAHS) Fire Extinguishers, Suppression and Alarms Inspection and Testing

1. General Requirements

1.1. The Alaska VA Healthcare System facilities are located in Anchorage Alaska at:

1.1.1. Domiciliary – 50 Bed Residential Board and Care and office space - 3001 C. St, Anchorage, AK 99503

1.1.1.1. Fire Detection System – Firelite MS-9600LS

1.1.1.2. Wet Pipe Sprinkler

1.1.1.3. Kitchen Wet Chemical System– Ansul R102

1.1.1.4. Approx. 20 Fire Extinguishers

1.1.1.4.1. 12 – 10lb ABC

1.1.1.4.2. 1 – 20lb K

1.1.1.4.3. 7– 5lb ABC

1.1.2. Transitional Housing 4-plex apartment w/ basement - 932 E. 12th Ave, Anchorage, AK 99501

1.1.2.1. Fire Detection System– ESL 1503

1.1.2.2. Residential Wet Pipe Sprinkler

1.1.2.3. Fire Extinguishers

1.1.2.3.1. 6 – 5lb ABC

1.1.2.3.2. 1 – 10lb ABC

1.1.3. Transitional Housing 4-plex apartment w/ basement - 944 E. 12th Ave, Anchorage, AK 99501

1.1.3.1. Fire Detection System – ESL 1503

1.1.3.2. Residential Wet Pipe Sprinkler

1.1.3.3. 5 – 5lb ABC Extinguishers

1.1.4. Transitional Housing 4-plex apartment - 709 N. Hoyt St, Anchorage, AK 99508

1.1.4.1. Fire Detection System – ESL 1505

1.1.4.2. Residential Wet Pipe Sprinkler

1.1.4.3. 4 – 5lb ABC Extinguishers

1.2. The Contractor shall complete all required contractor training as required by the site prior to the work activity or be escorted by a representative of the facility throughout the duration of the work activity.

1.3. The Contractor shall meet all Veteran’s Health Administration (VHA) follow all Pre-construction / Infection Control Risk Assessment (P/ICRA) requirements prior to conducting inspection and testing activities.

1.4. The contractor shall perform all annual inspection and testing of portable fire extinguishers. Inspections shall be in accordance with the current edition of NFPA 10 chapter 7 and the particular fire extinguisher manufacturer’s recommendations. The work shall be performed in a manner that will ensure serviceability and prevent deterioration in value or effectiveness. The contractor shall have only competent and qualified personnel perform the work.

1.4.1. Annual system inspections will be performed and certified for all systems located at the provided addresses.

1.5. Scope of work includes completing the NFPA required fire sprinkler and alarm inspections and testing within all identified locations. Veterans’ Affairs (VA) will provide fire alarm and sprinkler drawings of these facilities as requested and tracker of current fire extinguisher inventory. Information, including drawings and other documentation, provided to the Contractor, shall be used for reference only.

1.5.1. The Contractor shall field check everything and shall not use any drawings provided for plan or elevation views.

1.6. Work Security Requirements:

1.6.1. The General Contractor is responsible for assuring that all sub-contractors working on the project and their employees also comply with these regulations.

1.6.2. All contractors need to check in with VA Police and Facility Management Service (FMS) prior to conducting any work.

1.6.3. General Contractor’s employees shall not enter the project site without obtaining and displaying the appropriate badge. They may also be subject to inspection of their personal effects when entering or leaving the site. Transitional Housing locations do not have security on site, contractors shall check in with the Main Campus Police by contacting 907-257-6950.

1.6.4. For working outside the “regular hours” as defined in the contract, the General Contractor shall give 3 days' notice to the Contracting Officer so that escort arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section.

1.6.5. No photography of VA premises is allowed without written permission of the Contracting Officer.

1.6.6. VA reserves the right to close or shut down the project site and order General Contractor’s employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer.

1.7. Existing Fire Suppression and Detection Systems: Do not impair automatic suppression, smoke and heat detection, and fire alarm systems without first coordinating with FMS and Facility Safety.

1.8. Smoking: Smoking is prohibited on all AVAHS Property.

2. Inspection and Testing

2.1. Fire Detection: Contractor shall perform inspections and testing to ensure Fire Alarm Systems and equipment are in continual compliance with NFPA 72, and the equipment manufactures specifications. Inspections shall ensure fire alarm installations are in accordance with applicable NFPA Codes, and other required fire alarm installation standards. Inspection shall be completed within 60 days of award and/or exercise of an option year. Contractor shall:

2.1.1. Visually inspect fire alarm systems to assure systems are installed in accordance with applicable NFPA Codes and manufacture system design criteria.

2.1.2. Visually inspect fire alarm systems to assure that obvious damages or changes that might affect the system operability are visually identified.

2.1.3. Tests fire alarm and signaling systems to ensure system operational reliability in accordance with NFPA 72.

2.1.4. Perform inspections and testing services in compliance with the latest Joint Commission/NFPA Standards. The inspection/testing frequency will be performed in accordance with the most current Joint Commission concurrence on EC & LS Standards.

2.1.5. Perform preventative maintenance inspections of the fire alarm systems and components.

2.1.6. Make sure to document all test results to include any discrepancies. Any critical discrepancies will be immediately brought to FMS.

2.1.7. Verify AHU Shutdown with testing of duct detectors.

2.1.8. Test results in NFPA (VHA/Joint Commission) compliant format.

2.1.9. Test all audio/visual devices.

2.1.10. Maintain and provide a list of all system devices to the facility with testing status.

2.1.11. Perform annual fire alarm testing.

2.1.12. Provide inspection reports within 14 days after inspection is completed

2.1.13. Conduct test of the monitoring company response times and document time on the inspection reports. The alarm monitoring company used by the AVAHS is Guardian Security.

2.2. Fire Suppression: Contractor shall perform inspections and testing to ensure Fire Suppression Systems and equipment are in continual compliance with NFPA 13, NFPA 25 and NFPA 96, and the equipment manufactures specifications. Inspections shall ensure fire suppression installations are in accordance with applicable NFPA Codes, and other required fire suppression installation standards. Inspection shall be completed within 60 days of award and/or exercise of an option year. Contractor shall:

2.2.1. Visually inspect fire suppression systems to assure systems are installed in accordance with applicable NFPA Codes and manufacture system design criteria.

2.2.2. Visually inspect fire suppression systems to assure that obvious damages or changes that might affect the system operability are visually identified.

2.2.3. Tests fire suppression systems to ensure system operational reliability in accordance with NFPA 25 and NFPA 96 to also include back flow preventors and fire department connections.

2.2.4. Perform inspections and testing services in compliance with the latest Joint Commission/NFPA Standards. The inspection/testing frequency will be performed in accordance with the most current Joint Commission concurrence on EC & LS Standards.

2.2.5. Perform inspections of the fire suppression systems and components.

2.2.6. Work with VA staff to develop a fire sprinkler inspection schedule. Contractor to provide inspection schedule in electronic format.

2.2.7. Make sure to document all test results to include any discrepancies. Any critical discrepancies will be immediately brought to FMS.

2.2.8. Provide hard copy and electronic reports.

2.2.9. Test results in NFPA (VHA/Joint Commission) compliant format.

2.2.10. Perform annual fire sprinkler testing.

2.2.11. Provide inspection reports within 14 days after inspection is completed

2.3. Fire Extinguishers. Contractor shall perform annual inspections in accordance with the current edition of NFPA 10 chapter 7 and the fire extinguisher manufacturer’s recommendations. Inspection shall be completed within 60 days of award and/or exercise of an option year. Annual inspection and maintenance procedures of all AVAHS portable fire extinguishers shall include the procedures detailed in the manufacturer's service manual and a thorough examination of the basic elements of the fire extinguisher. including the following:

2.3.1. Complete annual and 6-year maintenance and hydrostatic testing as required by NFPA 10 and the age/inspection dates of fire extinguishers in inventory.

2.3.2. Basic inspection requirements

2.3.3. Mechanical parts of all fire extinguishers

2.3.4. Extinguishing agent

2.3.5. Expelling means

2.3.6. Physical condition

2.3.7. Seals or tamper indicators

2.3.8. Boots, foot rings and attachments

2.3.9. Provide hard copy and electronic reports.

2.3.10. Provide inspection reports within 14 days after inspection is completed

2.3.11. Make sure to document all test results to include any discrepancies. Any critical discrepancies will be immediately brought to FMS.

3. General

3.1. Notification - Before proceeding with any testing, all persons and facilities receiving alarm (monitoring company), supervisory, or trouble signals and all building occupants shall be notified of the testing to prevent unnecessary response. Coordinate notifications with VA Police and FMS.

3.1.1. At the conclusion of testing, those previously notified (and others, as necessary) shall be notified that testing has been concluded.

3.1.2. The VA representative and service personnel shall coordinate system testing to prevent interruption of critical building systems or equipment.

3.2. Contractor shall provide Performance Verification to ensure operational integrity. The Contractor shall provide a detailed inspection, testing and maintenance program within 30 days after award. The program shall be written to clearly establish the scope of the testing for the fire suppression, extinguishers, alarm and signaling systems. The program and results shall be documented with the testing records.

3.2.1. Inspection, testing and maintenance programs shall satisfy the requirements of NFPA standards, specifically NFPA 10, 13, 25, 72 and 96, and conform to the equipment manufacturer’s published instructions.

3.2.2. Inspection, testing and maintenance programs shall verify and ensure correct operation of the system.

3.2.3. Inspection, testing and maintenance shall be in accordance with the latest edition of NFPA 10-chapters 7 & 8, NFPA 13, NFPA 25-chapters 5 and 13, NFPA 72- Table 14.3.1 Visual Inspections and Table 14.4.3.2 Testing and NFPA 96- Chapter 11.

3.2.4. Testing shall include verification that the releasing circuits and components energized or actuated by the fire alarm system are electrically monitored for integrity and operate as intended on alarm.

3.2.5. Frequency of testing and maintenance of system(s) equipment shall depend on the type of equipment and the local ambient conditions. All apparatus requiring rewinding or resetting to maintain normal operation shall be rewound or reset as promptly as possible after each test and alarm.

3.3. Contractor shall provide corrective actions to resolve discovered impairments and deficiencies. The following requirements shall be applicable when a system is impaired.

3.3.1. System deficiencies shall be corrected.

3.3.2. If a deficiency is not corrected at the conclusion of system inspection, testing, or maintenance, the VA representative shall be informed of the impairment immediately and in writing within 24 hours.

3.4. Performance verifications includes, but not limited to the following:

3.4.1. Initiating Devices - Smoke, Duct, Heat Detectors.

3.4.2. Sprinkler Water flow Alarm-Initiating Devices.

3.4.3. Manually Actuated Alarm-Initiating Devices (manual pull stations).

3.4.4. Supervisory Signal–Initiating Devices.

3.4.5. Notification Appliances.

3.4.6. Interface Equipment and Emergency Control Functions.

3.4.7. Door and Shutter Release.

3.4.8. Electrically Locked Doors.

4. Contractor Qualifications

4.1. All work shall be performed by a factory trained Qualified Person as follows:

4.1.1. Inspection, Testing, and Service Personnel. (SIG-TMS) - Personnel, either individually or through their affiliation with an organization that is registered, licensed or certified by a state or local authority, shall be recognized as qualified and experienced in the inspection, testing, and maintenance of systems addressed within the scope of NFPA 10, 13, 25, 72 & 96.Inspection Personnel. Inspections shall be performed by personnel who have developed competence through training and experience acceptable to the authority having jurisdiction.

4.1.2. Testing Personnel. Testing personnel shall have knowledge and experience of the testing requirements for fire alarm and signaling equipment of this Code acceptable to the authority having jurisdiction.

4.1.3. Service Personnel. Service personnel shall be qualified in the maintenance and servicing of systems addressed within the scope of this Code. Qualified personnel shall include, but not be limited to, one or more of the following:

4.1.4. Personnel who are factory trained and certified for the specific type and brand of system being serviced.

4.1.5. Personnel who are certified by a nationally recognized certification organization acceptable to the authority having jurisdiction.

4.1.6. Personnel, either individually or through their affiliation with an organization that is registered, licensed, or certified by a state or local authority to perform service on systems addressed within the scope of this Code.

4.1.7. Personnel who are employed and qualified by an organization listed by a nationally recognized testing laboratory for the servicing of systems within the scope of this Code.

4.2. The Government reserves the right to reject any personnel found unqualified in the performance of work for which they are employed.

4.3. The contractor shall design and implement a quality control plan to ensure that Inspection, Testing, and Maintenance is performed in accordance with applicable NFPA requirements. The quality control plan shall include a minimum of one inspection semiannually at the job site and at critical junctures to ensure compliance with NFPA 10, 13, 25, 72 & 96. Copies of all inspection, testing, and maintenance reports shall be provided to the Government point of contact (POC) on a semiannual basis at a minimum.

5. Hours of Operation

5.1. The Contractor shall accomplish the tasks within the normal hours of operation. Work shall be planned to minimize interference with the functions of the hospital.

5.2. Normal hours of operation are Monday through Friday, 8:00 a.m. to 4:30 p.m. excluding Federal Holidays.

6. Security Requirements The Contractor employees shall not have access to Veteran Affairs sensitive or computer information and will not require routine access to Veteran Affairs Facilities. The Contractor employees shall require intermittent access only and will be escorted by Veteran Affairs employees while at Veteran Affairs Facilities. No background investigation is required.

7. Deliverables SOW Section

8. Performance Requirement Summary

2.1 Fire Detection

4 Contractor Qualifications Inspections shall ensure fire alarm installations are in accordance with applicable NFPA Codes, and other required fire alarm installation standards.

Inspections completed by qualified persons as listed in 4. Contractor Qualifications

2.2 Fire Suppression

4 Contractor Qualifications Perform inspections and testing to ensure Fire Suppression Systems and equipment are in continual compliance with NFPA 13, NFPA 25 and NFPA 96, and the equipment manufactures specifications.

Inspections completed by qualified persons as listed in 4. Contractor Qualifications

2.3 Fire Extinguishers

4 Contractor Qualifications Perform annual inspections in accordance with the current edition of NFPA 10 chapter 7 and the fire extinguisher manufacturer’s recommendations.

Inspections completed by qualified persons as listed in 4. Contractor Qualifications

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual fire inspection, Alaska Healthcare System IAW the attached SOW. Base Year.

Contract Period: Base POP Begin: 04-01-2023 POP End: 03-31-2024

Annual fire inspection, Alaska Healthcare System IAW the attached SOW. Option Year One.

Contract Period: Option 1 POP Begin: 04-01-2024 POP End: 03-31-2025

Annual fire inspection, Alaska Healthcare System IAW the attached SOW. Option Year Two.

Contract Period: Option 2 POP Begin: 04-01-2025 POP End: 03-31-2026

Annual fire inspection, Alaska Healthcare System IAW the attached SOW. Option Year Three.

Contract Period: Option 3 POP Begin: 04-01-2026 POP End: 03-31-2027

Annual fire inspection, Alaska Healthcare System IAW the attached SOW. Option Year Four.

Contract Period: Option 4 POP Begin: 04-01-2027 POP End: 03-31-2028

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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 852.212-70 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.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 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.

[] 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.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022)

(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 servicedisabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIPlisted SDVOSB, unless otherwise stated in this clause.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected, 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 servicedisabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under 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 requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

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

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

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

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

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

(End of Clause) C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (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) [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 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 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 VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed 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 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 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 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. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

C.7 52.252-2 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)

(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 (DEC 2022)

(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 and Other Covered Entities (NOV 2021) (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) 52.233-3, 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 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) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (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).

[] (8) 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).

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

[] (10) [Reserved] [] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (12) 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).

[] (13) [Reserved] [] (14)(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.

[] (15)(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.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

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

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

[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a)(2)).

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

[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (36) 52.222-54, Employment…