36C26224Q0033_1.docx

36C26224Q0033

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. 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

36C26224Q0033 10-23-2023 Mirna Gastelum Romero 5207921450 10-31-2023 15:00

MDT

36C262 Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson

AZ

85723 X X 238220 $19 Million N/A X 36C262 Department of Veterans Affairs VA New Mexico Albuquerque 1501 San Pedro Drive, SE Albuquerque

NM

87108 36C262 Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson

AZ

85723

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page The Contractor shall furnish all the labor, personnel, supervision, tools, materials, equipment, and incidentals to provide Preventative Maintenance to the HVAC and Boiler located at the Albuquerque VA Fisher House.

See CONTINUATION Page X X Arcelia Medina Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262

Department of Veterans Affairs NCO 22 - Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

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:

D.1 STATEMENT OF WORK

1. Scope of Work:

1.1. Contractor shall provide Heating Ventilation Air Conditioning (HVAC), and Boiler Preventive Maintenance services at the Albuquerque Fisher House (Building 85) located at the New Mexico VA Healthcare System (NMVAHCS) 1501 San Pedro Dr. SE Albuquerque, New Mexico 87108.

2. General Requirements:

2.1. The contractor shall provide all labor, personnel, supplies, equipment, tools, material, supervision and other items necessary to provide Preventative Maintenance Services to the HVAC and Boiler located at the Albuquerque VA Fisher House. The Albuquerque Fisher House is a comfort home located on the grounds of the NMVAHCS campus safely accommodating families within walking distance of their hospitalized Veteran. The NMVAHCS and VA Central Office (VACO) have agreed to maintain the building and its grounds in pristine condition. All equipment is currently operating in good condition.

3. Required Services:

3.1. The vendor will supply labor, materials, and disposal of materials at no additional cost to the NMVAHCS to perform preventative maintenance on a quarterly basis per manufacture requirements. Checks and cleaning of the units should be done per manufacturer recommendations and industry standards. All normally used parts shall be readily available at the contractor’s worksite for installation when necessary.

3.2. Equipment to be serviced:

3.2.1. Two Air Handling Units (AHU) Carrier 10-ton units Model #40RUAA12T3A5-0A0A0

3.2.1.1. Complete cleaning of cabinet, fan wheel, cooling coil, condensate pan and drain, heating coils, and return-air grille (if present).

3.2.1.2. Inspection of panels and sealing of unit against air leakage.

3.2.1.3. Adjustment of fan motor, belt, bearings, and wheels.

3.2.1.4. Cleaning or replacement of filters.

3.2.1.5. Testing for cooling/heating system leaks.

3.2.1.6. Checking of all electrical connections.

3.3. One AHU Carrier 15-ton unit Model #40RUAA12T3A5-0A0A0:

3.4. Three Condensing Units (CU) Carrier 10-ton units Model #38AUDA12A0M5-0A0A0:

3.5. Quarterly Inspection (and 30 days after initial start) - Indoor section:

3.5.1. Condenser coil cleanliness checked.

3.5.2. Return air filter replacement.

3.5.3. Outdoor hood inlet filters cleaned.

3.5.4. Belt tension checked.

3.5.5. Belt condition checked.

3.5.6. Pulley alignment checked.

3.5.7. Fan shaft bearing locking collar tightness checked.

3.5.8. Condensate drain checked.

3.6. Seasonal Maintenance - These items should be checked at the beginning of each season (or more often if local conditions and usage patterns dictate):

3.7. Air Conditioning:

3.7.1. Condenser fan motor mounting bolts tightness

3.7.2. Compressor mounting bolts

3.7.3. Condenser fan blade positioning

3.7.4. Control box cleanliness and wiring condition.

3.7.5. Wire terminal tightness.

3.7.6. Refrigerant charge level.

3.7.7. Evaporator coil cleaning.

3.7.8. Evaporator blower motor amperage.

3.8. Heating:

3.8.1. Power wire connections.

3.8.2. Fuses ready.

3.8.3. Manual-reset limit switch is closed.

3.9. Economizer or Outside Air Damper:

3.9.1. Inlet filters condition.

3.9.2. Check damper travel (economizer).

3.9.3. Check gear and dampers for debris and dirt.

3.10. One Boiler Laars Model #MT2H0400NACK2CXN:

3.10.1. Lubricate the system water-circulating pump, if required, per the instructions on the pump.

3.10.2. If a strainer is employed in a pressure reducing valve or the piping, clean it every six months.

3.10.3. Inspect the venting system for obstruction or leakage at least once a year. Periodically clean the screens in the vent terminal and combustion air terminal (when used).

3.10.4. Keep the appliance area clear and free from combustible materials, gasoline, and other flammable vapors and liquids.

3.10.5. If the appliance is not going to be used for extended periods in locations where freezing normally occurs, it should be isolated from the system and completely drained of all water. All systems connected to it should also be drained or protected from freezing.

3.10.6. Low water cutoffs, if installed, should be checked every 6 months. Float type low water cutoff should be flushed periodically.

3.10.7. Inspect flue passages, and clean with brushes/vacuums, if necessary. Sooting in flue passages indicates improper combustion. Determine the cause and correct.

3.10.8. Inspect the vent system and air intake system, and if the vent system is Category III, ensure that all joints are sealed properly. If joints need to be resealed, follow venting manufacturer's instructions to clean and reseal vent system.

3.10.9. It is strongly recommended that a qualified service technician inspect the basic items listed below every year:

3.10.9.1. Ignition control

3.10.9.2. Ignitor

3.10.9.3. Water temperature control

3.10.9.4. Automatic gas valve

3.10.9.5. Pressure switches and tubing

3.10.9.6. Blower

3.10.9.7. High limit

3.10.9.8. Pump (if required)

3.10.9.9. Relays

3.10.9.10. Flow switch

3.10.9.11. Gas train

3.10.9.12. Control components

4. Specific preventative maintenance requirements are listed below:

4.1. AHUs/CUs

4.2. Minimum Quarterly requirements:

4.2.1. Replace all filters at AHU.

4.2.2. Check Belts and Sheaves for wear.

4.2.3. Check fan operation.

4.3. Check and clean fan assembly.

4.4. Lubricate fan bearing per manufacturer’s recommendations.

4.5. Check and clean condensate lines for proper drainage.

4.6. Check drains and drain pans (repair and replace as required).

4.7. Check heating and cooling coils.

4.8. Clean coils. Never use coil cleaning solutions, use WATER ONLY.

4.9. Check dryer booster fans and dryer ducts for lint and debris.

5. Minimum Annual Requirements:

5.1. Clean duct work.

5.2. Lubricate motor bearings per manufacturer’s recommendations.

5.3. Check belts for wear and sheaves (replace and adjust as required).

5.4. Replace Schrader valves.

5.5. Tighten nuts and bolts that are loose.

5.6. Replace missing nuts and bolts.

5.7. Check motor mounts and vibration pads (repair and replace as required) .

5.8. Check motor operating conditions.

5.9. Inspect electrical connections and contractors.

5.10. Lubricate and adjust associated dampers and linkage.

5.11. Check and clean strainers and hand valves (repair and replace as required).

5.12. Clean and paint external surfaces as required.

6. Boiler and heat pumps (Grundfos 3ea):

6.1. Quarterly:

6.1.1. Check and clean outside air intake screens (left corner mech. Rm entry)

6.1.1.1. Spring: Remove first full piece of diamond plate closest at condenser pad on refrigeration line trench.

6.1.1.2. Fall: Remove first full piece of diamond plate closest at condenser pad on refrigeration line trench.

6.2. Annually:

6.2.1. Inspect burners per manufacturer’s recommendations (Sct. 7, pp30-32 of manual on site at Fisher House)

6.2.2. Test backflow prevention device on HVAC system.

6.2.3. Check for debris at drain in bottom of raceway.

6.2.4. Replace Diamond plate.

6.2.5. Remove heads of boiler & flush out.

6.2.6. Install new gaskets, flame rod and ignitors as needed.

6.2.7. Tune unit.

6.2.8. Provide combustion report.

6.2.9. Test and record expansion tank bladder pressure, add air as necessary.

6.2.10. Check pumps for leaks.

6.2.11. Check PRV and strainer, clean if needed.

6.2.12. Test unit for proper operation

6.2.13. Check and ensure glycol Cryo-tek percentages are within recommend specs. (Spec on-site at Fisher house). Add if required.

7. Equipment and Materials:

7.1. Items listed below will be provided by the vendor at no additional cost.

7.1.1. Specialty Filters

7.1.2. Common size Schrader

7.1.3. Coil Cleaner

7.1.4. Oils/Lubes

7.1.5. Missing bolts/Screws

7.1.6. Gaskets for low water cut-off

7.1.7. Paint

7.1.8. Other materials necessary to complete PMs as described above.

7.1.9. Parts installed by technician are under warranty for one year.

7.1.10. Worn or damaged parts will be replaced with approved OEM parts from the appropriate manufacturer.

8. Safety Requirements:

8.1. While in performance of the resultant contract, the contractor shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA) and adhere to VAAR 852.237‐70 Contractor responsibilities.

9. Service Reports:

9.1. All work performed will be documented in a service report which will be provided to both the COR and Fisher House manager. Any equipment issues identified during the work that are not covered by the PM service will be included in the service report and reported to the COR.

10. Safety Data Sheets:

10.1. The Contractor is responsible for having safety data sheets (SDS) available on-site for all chemicals, solvents, cleaners, paints, adhesives, etc. used by the contractor, and for following their precautions.

10.2. The contractor shall collect, handle, transport, and remove any waste (solid, recyclable, universal, and hazardous) waste as needed and upon completion of the service contract.

10.3. The contractor shall maintain the work area clean and in a safe manner throughout the duration of this contract.

10.4. All waste generated shall be disposed of per applicable federal, state, and local regulations.

11. Qualifications:

11.1. The contractor shall be required to provide fully qualified, and manufacturer trained or certified service, delivery, and management personnel in sufficient numbers to actively and efficiently service and support the HVAC and Boiler equipment in place during the contract period. The contactor shall be a manufacturer authorized services provider and authorized to purchase repair parts directly from the manufacturer. The contractor shall use only new parts supplied by the manufacturer and after completion of the work, the service technician is required to remove from the work site old parts that were replaced.

12. Days and Hours of Coverage:

12.1. Normal hours of operations for the Fisher House are Monday through Friday from 8:00 am to 4:00 pm Mountain Standard Time (MST).

12.2. All service shall be performed during normal hours of operation unless other times are requested/approved by the Contracting Officers Representative (COR) or their designee.

12.3. Vendor will provide 24-hour notice if system will be shut down for more than 48 hours. Technician will provide status report and estimated time of when the HVAC system will be operational every 24-hours until complete.

12.4. In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following National holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”:

New Year’s Day: January 1

Martin Luther King ‘s Birthday: Third Monday in January

President’s Day: Third Monday in February

Memorial Day: Last Monday in May

Juneteenth Independence Day: June 19

Independence Day: July 4

Labor Day: First Monday in September

Columbus Day: Second Monday in October

Veterans Day: November 11

Thanksgiving Day: Fourth Thursday in November

Christmas Day: December 25

13. Identification, Parking, Smoking, and VA Regulations:

13.1. Contractor employees must have a New Mexico VA Healthcare Center badge visible at all times. They may also be subject to inspection of their personal effects when entering or leaving the Fisher House.

13.2. Smoking (including vaping, chewing tobacco, snuff) is prohibited inside the perimeter fence.

13.3. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

13.4. It is the responsibility of contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of contractor’s personnel under any circumstances.

14. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI):

14.1.1. No Government equipment will be used by the Vendor.

15. Delegation of Authority:

15.1.1. No additional service shall be provided without the approval from the Contracting Officer (CO) or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the CO or his/her delegated representative acting within the limits of his/her authority.

16. Authorized Services:

16.1. Only those services specified herein are authorized under this contract. Before permitting and/or performing any service of a non-contract nature, the Contractor shall advise the CO of the reason (s) for the additional work and/or service. The Contractor is cautioned that only the CO or his/her designee may authorize additional service that are within the scope of this contract and that reimbursement shall not be made unless prior authorization is obtained from the CO. All changes to the contract shall be issued through a contract modification in writing from the CO to the Contractor.

17. Badges:

17.1.1. All contractor personnel shall be required to wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. Contractor shall be required to coordinate with the COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

18. Complaints:

18.1.1. Contractor shall promptly and courteously respond to complaints within three (3) working days to the COR. Including complaints brought to the contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and contractor’s response. Contractor shall permit the Government to inspect the written records of complaints upon reasonable notice from the CO.

D.2 WAGE DETERMINATION

SCA Wage Determination #: 2015-5443, Revision 20, Date: July 21,2023. Reference: SAM.gov Wage Determinations

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Fisher House HVAC Equipment Maintenance Option Year: Base Year Contract Period: Base POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House Boiler Equipment Maintenance Option Year: Base Year Contract Period: Base POP Begin: 12-01-2023 POP End: 11-30-2024

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House HVAC Equipment Maintenance Option Year: 1 Contract Period: Option 1 POP Begin: 12-01-2024 POP End: 11-30-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House Boiler Equipment Maintenance Option Year: 1 Contract Period: Option 1 POP Begin: 12-01-2024 POP End: 11-30-2025

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House HVAC Equipment Maintenance Option Year: 2 Contract Period: Option 2 POP Begin: 12-01-2025 POP End: 11-30-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House Boiler Equipment Maintenance Option Year: 2 Contract Period: Option 2 POP Begin: 12-01-2025 POP End: 11-30-2026

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House HVAC Equipment Maintenance Option Year: 3 Contract Period: Option 3 POP Begin: 12-01-2026 POP End: 11-30-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House Boiler Equipment Maintenance Option Year: 3 Contract Period: Option 3 POP Begin: 12-01-2026 POP End: 11-30-2027

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House HVAC Equipment Maintenance Option Year: 4 Contract Period: Option 4 POP Begin: 12-01-2027 POP End: 11-30-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

Fisher House Boiler Equipment Maintenance Option Year: 4 Contract Period: Option 4 POP Begin: 12-01-2027 POP End: 11-30-2028

PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

B.3 DELIVERY SCHEDULE

1501 San Pedro Drive, SE Albuquerque, NM 87108 United States

1.00

(505) 265-1711 6060 James.mcgough-maduena@va.gov

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

1501 San Pedro Drive, SE Albuquerque, NM 87108

1.00

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-9 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.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (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 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a 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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified 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, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘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).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB 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 listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified 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 to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs 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 SDVOSB 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 multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs 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 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs 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 SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs 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 SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 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 SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs 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 SDVOSBs listed in the SBA certification database.

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

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

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture 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 SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.3 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:

(i) [] 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 SDVOSB/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) [X] 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 SDVOSB/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.4 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.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

(End of Clause)

C.6 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.7 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) (End of Addendum to 52.212-4)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 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) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved] [] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved] [] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity…