36C26220R0037-002.pdf

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. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 59

36C26220R0037 12-05-2019

Allan Dela Cruz 562-766-2309 12-19-2019

10:00 AM PST

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

X 100

X

515210

$41.5 Million

N/A

Department of Veterans Affairs

VA Greater Los Angeles Healthcare System (VAGLAHS)

11301 Wilshire Boulevard

Los Angeles CA 90073

36C262

Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

To all offerors / Bidders

Financial Services Center https://www.tungsten-network.com

See CONTINUATION Page

DirecTV Expansion and Programming Subscription at VAGLAHS

See Continuation Page for additional details.

X 1

36C26220R0037

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)24

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

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 Sandra L. Fusco

Network Contracting Office 22

4811 Airport Plaza Drive

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

Financial Services Center https://www.tungsten-network.com

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

https://www.tungsten-network.com/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BASE YEAR

01/01/2020 – 12/31/2020

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT

UNIT

PRICE

AMOUNT

Installation/Parts/Labor for 1 DTV H25

HD Receiver at VA San Gabriel Valley

1 JB

Installation/Parts/Labor for 1 DTV H25

HD Receiver at VA San Louis Obispo

Vet Center

1 JB

Installation/Parts/Labor for 1 DTV H25

HD Receiver at VA Downtown Los

Angeles

1 JB

Installation/Parts/Labor for 1 DTV H25

HD Receiver at VA Sepulveda, Bldg. 22

1 JB

Monthly DTV Programming Subscription for VA Downtown Los Angeles**

12 MO

Monthly DTV Programming Subscription for Los Angeles Ambulatory Care Center

12 MO

Monthly DTV Programming Subscription for VA San Gabriel Valley**

12 MO

Monthly DTV Programming Subscription for VA San Louis Obispo**

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 22**

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 200

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 99

12 MO

Monthly DTV Programming Subscription for VA West Los Angeles Campus

12 MO

**Line items 0005, 0007, 0008, and 0009 pricing shall be prorated effective when all hardware is installed, and inspection has been completed.

GRAND

TOTAL

OPTION YEAR ONE (OY1)

01/01/2021 – 12/31/2021

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT

UNIT

PRICE

AMOUNT

Monthly DTV Programming Subscription for VA Downtown Los Angeles

12 MO

Monthly DTV Programming Subscription for Los Angeles Ambulatory Care Center

12 MO

Monthly DTV Programming Subscription for VA San Gabriel Valley

12 MO

Monthly DTV Programming Subscription for VA San Louis Obispo

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 22

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 200

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 99

12 MO

Monthly DTV Programming Subscription for VA West Los Angeles Campus

12 MO

OPTION YEAR TWO (OY2)

01/01/2022 – 12/31/2022

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT

UNIT

PRICE

AMOUNT

Monthly DTV Programming Subscription for VA Downtown Los Angeles

12 MO

Monthly DTV Programming Subscription for Los Angeles Ambulatory Care Center

12 MO

Monthly DTV Programming Subscription for VA San Gabriel Valley

12 MO

Monthly DTV Programming Subscription for VA San Louis Obispo

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 22

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 200

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 99

12 MO

Monthly DTV Programming Subscription for VA West Los Angeles Campus

12 MO

OPTION YEAR THREE (OY3)

01/01/2023 – 12/31/2023

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT

UNIT

PRICE

AMOUNT

Monthly DTV Programming Subscription for VA Downtown Los Angeles

12 MO

Monthly DTV Programming Subscription for Los Angeles Ambulatory Care Center

12 MO

Monthly DTV Programming Subscription for VA San Gabriel Valley

12 MO

Monthly DTV Programming Subscription for VA San Louis Obispo

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 22

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 200

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 99

12 MO

Monthly DTV Programming Subscription for VA West Los Angeles Campus

12 MO

OPTION YEAR FOUR (OY4)

01/01/2024 – 12/31/2024

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

QTY UNIT

UNIT

PRICE

AMOUNT

Monthly DTV Programming Subscription for VA Downtown Los Angeles

12 MO

Monthly DTV Programming Subscription for Los Angeles Ambulatory Care Center

12 MO

Monthly DTV Programming Subscription for VA San Gabriel Valley

12 MO

Monthly DTV Programming Subscription for VA San Louis Obispo

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 22

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 200

12 MO

Monthly DTV Programming Subscription for VA Sepulveda Bldg. 99

12 MO

Monthly DTV Programming Subscription for VA West Los Angeles Campus

12 MO

Base Year Total $

Option Year One (OY1) Total $

Option Year Two (OY2) Total $

Option Year Three (OY3) Total $

Option Year Four (OY4) Total $

Aggregate Base Year thru Option Year Four (OY4) Total $

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

0001 1 01/16/2020

0002 1 01/16/2020

0003 1 01/16/2020

0004 1 01/16/2020

B.4 STATEMENT OF WORK

1. BACKGROUND

The VA Greater Los Angeles Healthcare System (VAGLAHS) has identified a need for DirecTV

(DTV) High Definition (HD) digital satellite programming for TV’s located throughout the

VAGLAHS.

2. DESCRIPTION OF SERVICES

2.1. The Contractor shall provide monthly subscription for DTV programming to the participating facilities listed herein.

2.2. Install new equipment and provide new DTV subscription services to the San Gabriel, San Louis

Obispo, Sepulveda (Bldg. 22), Downtown Los Angeles facilities.

2.3. The Contractor shall provide all supplies, materials, parts, equipment, labor, supervision, management, and transportation to perform all tasks as identified.

2.4. The Contractor shall provide 24/7 telephone technical support and onsite 24/7 technical support as needed.

2.5. Service shall include software updates (if applicable) needed for the general operation of the equipment.

2.6. All work is to be performed in accordance with the guidelines established by Federal, State, and local ordinances, manufacturer’s service manual, quality control manual, and with all terms and conditions, provisions, schedules and specification herein.

3. INSTALLATION OF DTV HD RECEIVERS

3.1. VA SAN GABRIEL VALLEY:

3.1.1. Objective:

The contractor shall provide parts and labor for the installation of 1 DTV H25 HD receiver.

3.1.1. Location: 7 West Foothill Blvd, Arcadia, CA., 91006

3.1.2. Parts / Labor Required:

ITEM DESCRIPTION UNIT QUANTITY

01 1 ¾”/2” non-penetrating roof mount EA 1

02 DirecTV 5 beam satellite dish, mount and braces (no LNB) EA 1

03 DirecTV H25 HD satellite receiver commercial EA 1

04 DirecTV H25 RF antenna dongle EA 1

05 DirecTV H25 wall mount bracket EA 1

06 DirecTV PI-21 SWM KU/KA LNB power supply EA 1

07 DirecTV SWM 5 head LNB EA 1

08 Labor JB 1

3.2. SAN LOUIS OBISPO VET CENTER:

3.2.1. Objective:

The Contractor will provide parts and labor for the installation of 1 DTV H25 HD receivers.

3.2.1. Location: 1070 Southwood Drive, San Louis Obispo, CA., 93401

3.2.2. Parts / Labor Required:

01 1 ¾”/2” non-penetrating roof mount EA 1

02 DirecTV 5 beam satellite dish, mount and braces (no LNB) EA 1

03 DirecTV H25 HD satellite receiver commercial EA 1

04 DirecTV H25 RF antenna dongle EA 1

05 DirecTV H25 wall mount bracket EA 1

06 DirecTV PI-21 SWM KU/KA LNB power supply EA 1

3.3. VA DOWNTOWN LOS ANGELES:

3.3.1. Objective:

The Contractor will provide parts and labor for the installation of 1 DTV H25 HD receivers.

3.3.2. Location: 855 N. Vermont Street, Los Angeles, CA., 90029

3.3.3. Parts / Labor Required:

01 1 ¾”/2” non-penetrating roof mount EA 1

02 DirecTV 5 beam satellite dish, mount and braces (no LNB) EA 1

03 DirecTV H25 HD satellite receiver commercial EA 1

04 DirecTV H25 RF antenna dongle EA 1

05 DirecTV H25 wall mount bracket EA 1

06 DirecTV PI-21 SWM KU/KA LNB power supply EA 1

3.4. VA SEPULVEDA, BLDG 22:

3.4.1. Objective:

The Contractor will provide parts and labor for the installation of 1 DirecTV H25 HD receivers.

3.4.2. Location: 16111 Plummer Street, Bldg. 22, North Hills CA., 91343

3.4.3. Parts / Labor Required:

01 1 ¾”/2” non-penetrating roof mount EA 1

02 DirecTV 5 beam satellite dish, mount and braces (no LNB) EA 1

03 DirecTV H25 HD satellite receiver commercial EA 1

04 DirecTV H25 RF antenna dongle EA 1

05 DirecTV H25 wall mount bracket EA 1

06 DirecTV PI-21 SWM KU/KA LNB power supply EA 1

4. DTV PROGRAMMING SUBSCRIPTION:

The Contractor shall provide monthly HD quality, DTV programming subscription at the following facilities:

FACILITY ADDRESS NO. OF

RECEIVERS/DROPS

Downtown Los Angeles 855 N. Vermont Street, Los Angeles, CA., 90029 1 Receiver

Los Angeles Ambulatory

Care Center

351 E Temple Street, Los Angeles, CA., 90012 12 Receivers

San Gabriel Valley 7 West Foothill Blvd, Arcadia, CA., 91006 1 Receiver

San Louis Obispo 1070 Southwood Drive, San Louis Obispo, CA., 93401

1 Receiver

Sepulveda Bldg. 22 16111 Plummer Street, Bldg. 22, North Hills CA., 91343

1 Receiver

Sepulveda Bldg. 200 16111 Plummer Street, Bldg. 200, North Hills

CA., 91343

12 Receivers

Sepulveda Bldg. 99 16111 Plummer Street, Bldg. 99, North Hills CA., 91343

68 Drops

West Los Angeles

Campus

11301 Wilshire Boulevard, Los Angeles CA., 90073

485 Drops

5. ADDITIONAL REQUIREMENTS

5.1. The installation of hardware shall be completed within 15 days of the contract effective date.

5.2. The subscribed TV signal shall be continuous, uninterrupted, with good viewing quality.

5.3. The Contractor shall provide the Government, the receiver and card numbers within 15 days of contract effective date or after the completion of all equipment installation and set-up has been completed.

5.4. The Contractor shall ensure all equipment is in optimal working condition at the expiration date of the contract.

5.5. The Contractor personnel that perform changes, updates, or retrofits made on any component, system, or equipment shall log it in the station equipment manual.

5.6. The Contractor shall maintain all manufacturer’s manual necessary to perform maintenance.

6. INSPECTION

The Contractor shall connect and test all newly installed satellite receivers to ensure they are functioning properly.

7. PARTS

7.1. Only standard new or like-new parts shall be furnished by the Contractor. All parts shall be of current manufacture and shall have versatility with presently installed equipment. All major components and parts furnished shall carry the manufacturer’s standard commercial warranty.

7.2. All newly installed parts shall become property of the Government. Replaced parts are to be disposed by the Contractor after approval of COR.

7.3. Defective parts are to be replaced at no cost to the Government. Operating, consumables, and worn supplies are not included in this contract.

7.4. The Contractor shall provide replacement parts within three (3) business days of notification from COR or CO.

7.5. The participating healthcare facility shall not furnish parts, service manuals, and/or test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required.

8. QUALIFICATION

8.1. The Contractor shall be an authorized DTV dealer and be able to provide documentation. Such documentation can include signed letter, agreement/contract between the Contractor and DTV.

8.2. Personnel performing maintenance and repair services must be fully qualified, competent Field

Service Engineers (FSE) who has been trained to perform work on the specific equipment in accordance with the original manufacturer’s procedures.

9. HOURS OF OPERATION

Normal operating hours are as follows:

STATION HOURS

VA San Gabriel Valley 8:00 am – 4:00 pm PST

VA San Louis Obispo 9:00 am – 5:00 pm PST

Downtown and Los Angeles Ambulatory Care

Center

7:00 am – 4:00 pm PST

VA Sepulveda 8:00 am – 5:00 pm PST

West Los Angeles Campus 7:00 am – 4:30 pm PST

All times are Monday – Friday. Holidays may affect hours of operation.

10. OVERTIME AND HOLIDAY PAY

10.1. Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the

Government.

10.2. The Contractor shall bill and be paid for actual services provided by Contractor personnel. Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

11. TRAVEL

All travel related expenses shall be included in the Contractors pricing.

12. CHECK-IN / CHECK-OUT PROCEDURES

12.1. For services to be performed at the WLA and Sepulveda Campus, the Contractor shall contact the COR or Engineering Department prior to start of work.

12.2. For services to be performed at the San Gabriel Valley, San Louis Obispo, Downtown

Los Angeles, and LAACC facilities, the Contractor shall check in with the front desk and speak with the Manager on Duty prior to start of work.

12.3. Prior to leaving the facility, the Contractor shall check out with the personnel they checked-in with.

13. SMOKING

Smoking is prohibited on VA property, items to include: cigarettes, cigars, pipes, any other combustion of tobacco, or non-Federal Drug Administration (FDA) approved electronic nicotine delivery systems (ENDS), electronic/e-cigarettes, vape pens, or e-cigars.

14. PARKING

It is the responsibility of the Contractor personnel to park in designated parking areas. The Contractor shall make alternate arrangements for its personnel to park off-site if motor vehicles are required to access those facilities. Parking information is available from the VA Police & Security Service

Office. The VA shall not invalidate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances. The Contractor assumes full responsibility for any parking violations.

15. INVOICING & PAYMENT

15.1. The Contractor shall submit in arrears a properly completed itemized invoice in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Request. The two

(2) options available are:

• Tungsten e-Invoice Setup Information: 1-877-489-6135 o Tungsten e-Invoice email: VA.Registration@tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791 o FSC e-Invoice email: vafsccshd@va.gov

15.2. No advance payment shall be authorized. Payment shall be made monthly for services provided during the billing month in arrears in accordance with FAR 52.212-4, para (i). Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contracts, less any deductions stipulated in this contract. Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

mailto:VA.Registration@tungsten-Network.com mailto:vafsccshd@va.gov

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

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 52.217-8 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.

For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(End of Clause) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

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

Government to an extension.

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

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

(End of Clause)

C.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

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

(b) Definition. As used in this clause—

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a

HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone

Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in

19.000(a)(3);

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

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

(4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

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

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

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

Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

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

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

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

(End of Clause)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.6 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.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

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

(iii) The business meets Federal small business size standards for the applicable North American

Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); 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 part 121 and

125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR

121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB.

The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

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

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns.

Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. 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. Pursuant to 38 U.S.C.

8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/20zyyybjybghhc-y/(https:/www.vip.vetbiz.va.gov) apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated.

The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not

VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than

85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean 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.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned

Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the

FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.