36C26023Q0393_1.docx

36C26023Q0393

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

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

531-23-3-5047-0028 36C26023Q0393 04-26-2023 Craig Brown 360-816-2784 05-10-2023 3pm

PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661 X X 561210 $4 Million Net 30 N/A X Department of Veterans Affairs Boise Veterans Affairs Medical Center 500 West Fort Street Boise ID 83702 36C260 Network Contracting Office 20

ATTN: V4CONT

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

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page The Boise VA Medical Center has a requirement for Fire Sprinkler Testing and Inspection IAW the SOW.

Period of Performance is as follows:

Base:

Date of Award -04/30/2024

OY1: 05/01/2024-04/30/2025

OY2: 05/01/2025-04/30/2026

OY3: 05/01/2026-04/30/2027

OY4: 05/01/2027-04/30/2028

Offerors shall thoroughly review the quote preparation See Section E.

Offerors, please review all clauses/provisions and complete any required certifications.

VA POC: Craig Brown at craig.brown7@va.gov This solicitation is issued as a V

OS

B 100% Set-aside.

See CONTINUATION Page X X Table of Contents

Page 1 of

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: TBD

b. GOVERNMENT: Contracting Officer 36C260

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 STATEMENT OF WORK

Fire Sprinkler System Inspections: Perform annual, semi-annual, and quarterly fire sprinkler system inspections per NFPA 25, all appropriate chapters, for all components of the fire sprinkler systems located at the VA Medical Center, Boise, Idaho, in accordance with this scope of work. Operation of all components of the fire sprinkler systems shall be inspected to verify that they function as intended. The frequency and scope of the inspection shall be in accordance with the latest edition of NFPA codes and standards (NFPA 10, 25, 72, 80, and 96) unless otherwise stated in this scope of work.

Inspect supervisory signal devices; vane-type and pressure-type water flow devices and valve tamper switches; main drains; and fire department water supply connections in accordance with relevant Joint Commission standards and NFPA code. Inspect the sprinkler control valves for proper position, general condition, accessibility, and appropriate signage. Inspect and perform required water-flow tests for each system from main drain and inspector’s test valve. Inspect the Fire Department connection couplings, caps, threads, clappers, check valves, and drains. Inspect and test the fire sprinkler alarm components connected to the fire sprinkler system. Check the reserve supply of sprinkler heads. Inspect the general condition of visible and accessible sprinkler system piping, hangers, drain valves, gauges, and related equipment. Test low-pressure alarms, supervisory circuits, and auxiliary functions for proper operation. Review the customer’s general storage and stock arrangements for combustibles in relation to fire sprinkler system protection. Tag devices as required and perform required record keeping per NFPA. Fire protection system components shall be restored to full operational condition following testing including reinstallation of plugs and caps for auxiliary drains and test valves. During all testing and maintenance, water supplies shall remain in service unless impairment procedures contained in Chapter 13 of NFPA 25 are followed. Contractor is required to station a person at the building 50 Fire Alarm Panel to immediately silence the panels whenever their inspections will cause the fire alarm system to annunciate alarms or trouble messages.

Compile a draft report of the inspections within two weeks of the inspections. The report must be named in a manner that clearly identifies it as a Sprinkler Inspection report, must comply with NFPA reporting requirements, and must contain a summary of all deficiencies. The report must be formatted so that a single report is provided for each building, includes all required inspection elements for that building, and does not include extraneous information that is outside of the inspection’s scope (e.g., fire alarm pull stations should not be included in a fire sprinkler report.) A final electronic copy and a final hard copy of the report must be provided within one month of the inspections.

Discuss findings and make recommendation for corrective action, including bids to correct deficiencies.

Provide an itemized quote for work to correct deficiencies noted during the inspection. Boise VA Medical Center employees will review the itemized quote and decide which repairs and alterations they would like the vendor to perform. The vendor will only bill for work that the VA authorizes.

Update the inventory of devices associated with the Fire Sprinkler Systems after each semi-annual inspection. Add devices that are not currently listed but are observed during inspection. If a device has been removed, communicate with the Safety Office to determine if the device was missing, disabled, or intentionally removed.

The contractor is to sign in upon arrival at the site at Building 50, Facility Management Service, to obtain a contractor badge and fire sprinkler keys to conduct the inspection. The contractor is to supply the necessary manpower to conduct the inspection, continuously silence necessary components while testing, and assure the system is fully functional prior to leaving the facility. The contractor will coordinate inspection dates and times with the Safety Office and the Admitting clerk so that false alarms are not transmitted to the Boise City Fire Department. Annual and semi-annual inspections are to be conducted during November and May. Quarterly inspections of fire department water supply connections shall be conducted in November, February, May, and August. All inspections must be scheduled in advance with the Safety Office.

Fire Hydrant Annual Inspection/Flow: Perform an annual fire hydrant flush in accordance with NFPA 291 (latest edition); Flow the hydrant for at least one minute; Perform a full cycle of the underground valve in line with each fire hydrant; Check hydrant seals and oil reserves; lubricate the stem, cap, and plug; and check for proper drainage of the barrel. This work must be conducted in May and must be scheduled in advance with the Safety Department.

Post Indicator Valve Exercise: Fully exercise all Post Indicator Valves quarterly, in November, February, May and August, in conjunction with annual/semi-annual sprinkler inspections and quarterly inspections of fire department water supply connections.

Fire Extinguisher Annual Inspections: Perform annual service and inspection of all fire extinguishers at the Boise VAMC. Inspections are to be in accordance with all applicable requirements of NFPA 10, Appendix A. Inspections are to be conducted in March and shall be scheduled with the Safety Office.

Upon arriving on station shall, contractor will be required to pick up a visitor's badge and keys in the FMS Office, building 50.

If during the inspection, removal of a fire extinguisher from the facility is required, temporary replacements will be provided by the contractor at no extra cost. When testing has been completed, the contractor will ensure that the original fire extinguisher is placed in the same location that it was in prior to testing.

The contractor will affix to each fire extinguisher a tag indicating the date of inspection and name or initials of the inspector.

The Contractor will appropriately tag each fire extinguisher. The tag will indicate the date of inspection and name or initials of the inspector and will include a formatted area to document monthly fire extinguisher inspections. The tag will be placed in the same location as the current tag. If hole punches are used to indicate the date of inspection, the hole punches will be complete. The previous tag will be removed from the fire extinguisher, and the new tag, secured. The three MRI-safe non-ferrous fire extinguishers tags will be attached using non-ferrous materials.

The contractor/inspector shall furnish a report of the inspection to the Safety Office within 30 days of the inspection. The report shall provide the following information: Extinguisher model/type/size; MFR Date; Serial #; Location; Service Performed; Next Hydro Test Due Date; Next 6-year Due Date; and any additional notes pertinent to the inspection.

Fire Extinguisher Hydrostatic Testing and Six-Year Maintenance:

The contractor will perform Hydrostatic testing and six-year maintenance on those fire extinguishers that will be due for testing/maintenance prior to the next annual inspection. Hydrostatic testing and six-year maintenance will be performed according to the frequency established by NFPA 10 (latest edition). Hydrostatic testing is required for ABC and clean agent fire extinguishers every twelve years, and for K, Water, CO2, and non-ferrous fire extinguishers every five years. Each hydrostatic test must include an internal maintenance inspection. In addition, six-year internal maintenance is required for ABC and clean-agent fire extinguishers.

The contractor will charge the Boise VAMC a set price for (1) each ABC and Clean Agent fire extinguisher that receives a six-year internal maintenance inspection (2) each ABC and Clean Agent fire extinguisher that receives a Hydrostatic test, and (3) all other fire extinguisher that receives a 5-year Inspection and Hydrostatic test. The contractor will include, with their bid, the per fire extinguisher price of each. The Boise VAMC will include in the contract award price adequate funds each year to cover (75) six-year maintenance inspections of ABC and Clean Agent fire extinguishers, (75) Hydrostatic tests of ABC and Clean Agent fire extinguishers, (10) five -year maintenance inspections and Hydrostatic tests on all other fire extinguishers. If the contractor performs fewer hydrostatic tests and six-year maintenance inspections than the numbers shown in the previous statement, the Boise VAMC will pay for the actual tests and maintenance inspections performed. Conversely, any tests and maintenance inspections that would exceed the amount of funds allocated must be approved and funded through a separate procurement request, and the approval must occur prior to the work.

If during maintenance or testing, removal of a fire extinguisher from the facility is required, temporary replacements will be provided by the contractor at no extra cost. When testing has been completed, the contractor will ensure that the original fire extinguisher is placed in the same location that it was in prior to testing. The contractor will attach a record of testing (typically a sticker/label) to the fire extinguisher each time internal maintenance or hydrostatic testing is performed, noting what was completed (hydrostatic test or 6-year internal maintenance) and the month and year of completion. Persons performing maintenance and recharging of fire-extinguishers shall be certified for this work.

Contractor shall not test or replace unserviceable extinguishers. If a fire extinguisher needs to be replaced, this will be requested under a separate procurement request with a specified date as to when service is to be done.

There are approximately 350 fire extinguishers on campus. The majority are ABC, with some, K, CO2, Water, clean agent, and non-ferrous. An excel sheet showing all the fire extinguishers locations and types will be provided. Within 30 days of performing the work, the contractor shall update the VA’s fire extinguisher excel document, to show the service performed and the date of the next hydrostatic test or 6-year maintenance.

Fire Hood Suppression System: Perform the fire hood suppression system inspections per NFPA 96; 17 & 17A, current edition, for all components of the fire hood suppression systems in the Community Living Centers, Nutrition & Food Service, and Canteen Service at the Boise VA Medical Center. Operation of all components of the hood suppression system shall be inspected to verify that they function as intended. Inspection to include any parts necessary for routine testing i.e., fusible links. Repairs over and above typical inspection and maintenance are not part of this contract and will be handled if deemed appropriate on a separate purchase order. Technician to be certified in Denlar, Greenheck, and Ansul systems.

Contractor is to compile a report of the inspections within two weeks and discuss findings and make recommendation for corrective action including bids to correct deficiencies with the Boise VA Medical Center’s Safety Office. Contractor is to sign in upon arrival at the site with Building 50, Facility Management Service, and obtain a contractor badge and fire sprinkler keys to conduct inspections. Contractor is to supply the necessary manpower to conduct the inspection, silence necessary components while testing, and assure the system is fully functional prior to leaving the facility. Contractor is to coordinate inspection with the Safety Office and the Admitting clerk so that false alarms are not transmitted to the Boise City Fire Department. Inspections are to be conducted during February and August. All inspections will be scheduled in advance with the Safety Office.

Funds Set Aside for Discrepancy Corrections: The VA may set aside funds for the correction of deficiencies found during inspections. Vendor may submit a quote to the COR and Contract Specialist for review of cost to correct deficiencies for approval prior to any work commencing. All payments for discrepancy corrections will be made in arrears against the awarded PO and vendor cannot exceed the funding for discrepancy corrections.

Special Scheduling Considerations / Unique Areas Inspection of sprinkler components, fire hood suppression systems, and extinguishers conducted in areas of the hospital with specialized functions or equipment—such as the Magnetic Resonance Imaging department, the Operating Rooms, the Research Department, and the kitchens—will need to be coordinated with the staff who work there to determine the time periods when inspection(s) will minimize disruption to essential services.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Services non-personal contractor to provide for the annual, semiannual, and quarterly (including exercising of all post indicator valves) inspection and testing of the VA Medical Center Boise fire sprinkler system in accordance with the sow.

Contract Period: Base POP Begin: Date of Award POP End: 04-30-2024

Services non-personal contractor to provide for the annual inspection and flow testing of all fire hydrants at the VA Medical Center Boise in accordance with the sow.

Services non-personal contractor to provide for two semi-annual services and inspection of kitchen hoods.

Services non-personal contractor shall provide for the annual certification of approximately 350 fire extinguishers. Work to be performed in accordance with the statement of work

Services non-personal contractor to perform six-year maintenance and recharge on ABC and Clean Agent fire extinguishers. All work is to be performed in accordance with the statement work.

Services non-personal contractor to perform 12-year testing, service and inspections on VA Medical Center Boise ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Services non-personal contractor to perform 5-year hydrostatic testing, service and inspections on VA Medical Center Boise NON-ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Vendor will supply itemized quotes for work to correct discrepancies found during the inspections.

POP Begin: 05-01-2023

Services non-personal contractor to provide for the annual, semiannual, and quarterly (including exercising of all post indicator valves) inspection and testing of the VA Medical Center Boise fire sprinkler system in accordance with the sow.

Contract Period: Option 1 POP Begin: 05-01-2024 POP End: 04-30-2025

Services non-personal contractor to provide for the annual inspection and flow testing of all fire hydrants at the VA Medical Center Boise in accordance with the sow.

Services non-personal contractor to provide for two semi-annual services and inspection of kitchen hoods.

Services non-personal contractor shall provide for the annual certification of approximately 350 fire extinguishers. Work to be performed in accordance with the statement of work.

Services non-personal contractor to perform six-year maintenance and recharge on ABC and Clean Agent fire extinguishers. All work is to be performed in accordance with the statement work.

Services non-personal contractor to perform 12-year testing, service and inspections on VA Medical Center Boise ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Services non-personal contractor to perform 5-year hydrostatic testing, service and inspections on VA Medical Center Boise NON-ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Vendor will supply itemized quotes for work to correct discrepancies found during the inspections.

Services non-personal contractor to provide for the annual, semiannual, and quarterly (including exercising of all post indicator valves) inspection and testing of the VA Medical Center Boise fire sprinkler system in accordance with the sow.

Contract Period: Option 2 POP Begin: 05-01-2025 POP End: 04-30-2026

Services non-personal contractor to provide for the annual inspection and flow testing of all fire hydrants at the VA Medical Center Boise in accordance with the sow.

Services non-personal contractor to provide for two semi-annual services and inspection of kitchen hoods.

Services non-personal contractor shall provide for the annual certification of approximately 350 fire extinguishers.

POP Begin: 04-01-2025

Services non-personal contractor to perform six-year maintenance and recharge on ABC and Clean Agent fire extinguishers. All work is to be performed in accordance with the statement work.

Services non-personal contractor to perform 12-year testing, service and inspections on VA Medical Center Boise ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work. extinguisher that has the hydrostatic testing

Services non-personal contractor to perform 5-year hydrostatic testing, service and inspections on VA Medical Center Boise NON-ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Vendor will supply itemized quotes for work to correct discrepancies found during the inspections.

Services non-personal contractor to provide for the annual, semiannual, and quarterly (including exercising of all post indicator valves) inspection and testing of the VA Medical Center Boise fire sprinkler system in accordance with the sow.

Contract Period: Option 3 POP Begin: 05-01-2026 POP End: 04-30-2027

Services non-personal contractor to provide for the annual inspection and flow testing of all fire hydrants at the VA Medical Center Boise in accordance with the sow.

Services non-personal contractor to provide for two semi-annual services and inspection of kitchen hoods.

Services non-personal contractor shall provide for the annual certification of approximately 350 fire extinguishers. Work to be performed in accordance with the statement of work

Services non-personal contractor to perform six-year maintenance and recharge on ABC and Clean Agent fire extinguishers. All work is to be performed in accordance with the statement work.

Services non-personal contractor to perform 12-year testing, service and inspections on VA Medical Center Boise ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Services non-personal contractor to perform 5-year hydrostatic testing, service and inspections on VA Medical Center Boise NON-ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Vendor will supply itemized quotes for work to correct discrepancies found during the inspections.

Services non-personal contractor to provide for the annual, semiannual, and quarterly (including exercising of all post indicator valves) inspection and testing of the VA Medical Center Boise fire sprinkler system in accordance with the sow.

Contract Period: Option 4 POP Begin: 05-01-2027 POP End: 04-30-2028

Services non-personal contractor to provide for the annual inspection and flow testing of all fire hydrants at the VA Medical Center Boise in accordance with the sow.

Services non-personal contractor to provide for two semiannual services and inspection of kitchen hoods.

Services non-personal contractor shall provide for the annual certification of approximately 350 fire extinguishers. Work to be performed in accordance with the statement of work.

Services non-personal contractor to perform six-year maintenance and recharge on ABC and Clean Agent fire extinguishers. All work is to be performed in accordance with the statement work.

Services non-personal contractor to perform 12-year testing, service and inspections on VA Medical Center Boise ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Services non-personal contractor to perform 5-year hydrostatic testing, service and inspections on VA Medical Center Boise NON-ABC and Clean Agent fire extinguishers. Inspections and service are to be in accordance with the statement of work.

Vendor will supply itemized quotes for work to correct discrepancies found during the inspections.

GRAND TOTAL

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES DEC 2022 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.2 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)

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

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

(End of Clause)

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

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

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

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

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference 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.6 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Veteran-owned small business or VOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more 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 Veteran(s).

(ii) The management and daily business operations of which are controlled by one or more Veteran(s).

(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 U.S.C. 8127 and 13 CFR 128, and is certified and listed in the SBA certification database at https://veterans.certify.sba.gov/; and

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

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(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" has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

(5) The term “VOSB participant” or certified VOSB means a small business that has been certified as eligible to participate in the Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). It includes certified service-disabled veteran-owned small businesses (SDVOSBs).

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

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

(2) Any award resulting from this solicitation shall be made only to a certified VOSB who is eligible at the time of submission of offer(s) and at 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 a VOSB, including set-asides, sole source awards, and evaluation preferences.

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

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 125.6. For the purpose of the limitations on subcontracting, only certified VOSBs listed in the SBA certification database, (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219-75 and/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 VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified VOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

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

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

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

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

(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in the SBA certification database to count as similarly situated. Any work that a first tier VIP-listed VOSB 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. A VOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.] __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 a VOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

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

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB 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.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) [X ] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [ ] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee.

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

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

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

Certification:

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

Printed Name of Signee: ________________________________________ Printed Title of Signee: _________________________________________ Signature: ___________________________________________________ Date: _____________________ Company Name and Address: ______________________________________ (End of clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.9 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) End of Addendum to 52.212-4 C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

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

(b)…