36C26225Q0119_1.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

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

POINT OF CONTACT*

Contracting Specialist Koby Thiel Koby.Thiel@va.gov (520)-792-1450 Ext 1-6273

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

Loma Linda

11201 Benton St

Loma Linda CA

ADDITIONAL INFORMATION

DESCRIPTION

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-01.

This solicitation is set-aside for 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) IAW VAR 819.7006 VA service-disabled veteran-owned small business set-aside procedures.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $12.5 Million. The FSC/PSC is N012.

VA Loma Linda Healthcare System (VALLHCS) located at 11201 Benton St, Loma Linda, CA 92357 is seeking a potential qualified contractor that can provide fire sprinkler installation services.

All Interested entities shall provide quotations for the following:

I. BACKGROUND INFORMATION:

The VA Loma Linda Healthcare System (VALLHCS) Main Hospital located at 11201 Benton Street, Loma Linda CA 92357. Facility Maintenance Services Plumbing Department requires fire sprinkler head installation in Alcoves located throughout (3) floors of the hospital. Installation in accordance with NFPA 13.

II. PARTS and EQUIPMENT LIST:

III. OBJECTIVES:

The purpose of this contact is to have contactor install new fire sprinkler heads required in Alcoves. Connection shall be to the existing fire sprinkler supply line at VALLHCS Main hospital. The contractor shall provide installation of (11) fire sprinkler heads in predetermine Alcoves located throughout (3) floors in the main hospital. The contractor shall adhere to NFPA13, NFPA99, NFPA101.

IV. SCOPE:

The contractor shall furnish all labor, materials, equipment, services, tools, supplies, and supervision required to accomplish the fallowing at VA Loma Linda Main building. Installation of new fire sprinklers in pre-determined alcoves throughout the main hospital in all (3) floor of the main building. Contractor shall provide drawings, calculations per NFPA13 to Plumbing supervisor. Contractor shall complete acceptance requirement test Per NFPA13 Upon completion.

· Alcove located next to 1-D05. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located in doorway 1C-27 Employee hallway. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located in cubby 1B04A. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located near auditorium drinking fountain. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located near 2A04. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located near 2F-30. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located between north elevator & CU. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located near 3F-41. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located near 3D-27B.Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located near 3D-64. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

· Alcove located near fire door near canteen. Contractor shall connect to existing main fire sprinkler supply line, Route new sprinkler line 1-inch black pipe from interstitial to Alcove in accordance with NFPA 13. Contractor shall cut drywall hole to install new sprinkler pendent Ty323 white head with white powder coated escutcheons. Contractor shall use loop hangers 1 inch x 3/8 all thread rod in accordance with IAMPO uniform plumbing code. Contractor shall Patch drywall color match paint to existing paint in alcove. Contractor shall fire stop all penetrations made during installation in accordance with NFPA101. Contractor shall preform leak test per NFPA 13. Contractor shall clean and remove all trash from job site.

V. PERIOD OF PERFORMANCE:

30 days from performance start date. Work may be scheduled during the day or night (Depending on load demand), Monday thru Friday and/or Saturday thru Sunday.

· Daytime hours: 6 am to 4 pm

· Evening hours: 4 pm to 4 am Contractor shall initiate work within 2 weeks of being contacted by the designated Contracting Officer’s Point of Contact (POC) or designee. Work shall be scheduled through the POC or designee, who will coordinate with VALLHCS staff. Timelines are subject to change due to VALLHCS operational requirements.

VI. PLACE OF PERFORMANCE:

VA Loma Linda Main Hospital

VII. LICENSING REQUIREMENTS:

· Offeror must possess a 30-hour Occupational Safety and Health Administration (OSHA) safety card.

· C-36 plumbing Contractors License from State of California

· C-16 Fire Protection

· Drawing requirements’ NICET certification unless drawings stamped by Professional Engineer Licensed in field of fire protection Engineering.

· Must be a Vendor in our system and System for Award Management (SAM).

VIII. SPECIFIC REQUIREMENTS:

· Contractor shall schedule start date with POC or designee five (5) business days in advance.

· Contactor personnel shall have valid Loma Linda PIV badges before starting work.

· Contractor shall coordinate energy source LOCK OUT /TAG OUT procedures with VALLHCS Plumbing Supervisor before starting work. When work is complete, Contractor shall notify the VALLHCS Plumbing Supervisor that energy sources will be restored and require verification.

· Contractor’s supervisor or lead technician are to check in with VALLHCS Plumbing Supervisor, or in their absence, with Graphics Control prior to work each day.

· Contractor shall conform to the following standards, policies, regulations, governing agency, and any other local, state, or Federal guidelines that are not listed here.

i. OSHA Regulations, www.osha.gov

ii. NFPA 99, www.nfpa.org

iii. NFPA 101, www.nfpa.org

iv. NFPA 13, www.nfpa.org

v. NFPA 80, www.nfpa.org

vi. International fire-stop council International Firestop Council - THE Source for Firestop Expertise

vii. International building code PREFACE - 2021 INTERNATIONAL BUILDING CODE (IBC) (iccsafe.org)

viii. International Plumbing Code PREFACE - 2021 INTERNATIONAL PLUMBING CODE (IPC) (iccsafe.org)

ix. International Mechanical code INDEX - 2021 INTERNATIONAL MECHANICAL CODE (IMC) (iccsafe.org)

x. ASSE (American Society of Safety Engineers) www.assp.org

xi. IAPMO (The International Association of Plumbing & Mechanical Officials) www.iapmo.org

xii. Division 21- Fire Suppression. MASTER CONSTRUCTION SPECIFICATIONS (PG-18-1) - Office of Construction & Facilities Management (va.gov)

IX. AUTHORIZED SERVICES:

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.

X. DELEGATION OF AUTHORITY:

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.

XI. GOVERNMENT-FURNISHED EQUIPMENT (GFE) GOVERNMENT FURNISHED INFORMATION (GFI):

No Government equipment will be used by the Vendor.

XII. RECOGNIZED HOLIDAYS:

The following is a list of all Government recognized holidays:

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

If a holiday falls on Sunday, the following Monday shall be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

XIII. CONTRACTOR EMPLOYEES AND BADGES:

Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. Examples: wearing of distinctive clothing such as uniform, badges, patches, etc.

All contractor personnel shall be required to wear VA always provided identification (I.D.) badges above the waist 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.

XIV. SAFETY AND PPE EQUIPMENT:

Personal Protective Equipment shall be provided for each Contractor employee by the Contractor. Possession of weapons are prohibited.

XV. SMOKING and VAPING POLICIES:

Smoking and vaping are prohibited on Government property.

XVI. PARKING:

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

XVII. COMPLAINTS:

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.

XVIII. OVER AND ABOVE REPAIR:

Upon discovery of over and above repairs or unforeseen requirements, the Contractor shall immediately notify the COR/POC. The repair job shall not be initiated until approval is obtained from the Contracting Officer and appropriate Facilities Staff/COR. Charges for repair, labor and parts shall originate only when required and upon prior approval being granted by the Contracting Officer. At the VA’s option the Contractor may be requested to provide a price quotation for the repair job. The VA has sole discretion to select the Contractor who will provide these repair services and they will be ordered as a separate action (not as a part of this contract).

Required submittals with quotes SHALL include following:

· Proof of 30-hour Occupational Safety and Health Administration (OSHA) safety card.

· Proof of C-36 plumbing Contractors License from State of California

· Proof of C-16 Fire Protection

· Proof of Drawing requirements’ NICET certification unless drawings stamped by Professional Engineer Licensed in field of fire protection Engineering.

The contract period of performance is 1-1-2025 – 4/1/2025, with an FOP of Destination.

Place of Performance/Place of Delivery:

VA Loma Linda Healthcare System 11201 Benton St Loma Linda, CA 92357

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

2. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services”

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (Dec 2022).

ADDENDUM to FAR 52.212-4, “Contract Terms and Conditions-Commercial Products and Commercial Services” applies to and is included with this acquisition.

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services” (Sep 2023).

The following subparagraphs of FAR 52.212-5 are applicable: (b)(4), (9), (11), (18), (25), (26), (31), (33), (34), (36), (42), (46), (55), (59), (63), (c)(1), (2), (7), and (8).

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

All quoters shall submit the following: All information required by FAR 52.212-1(b) Submission of Offers.

All quotes shall be sent to the Network Contracting Office (NCO): Koby.Thiel@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors: Price, and past performance, with price more important.

Past performance will be based on CPARS and FAPIIS ratings. No rating in CPARS is equal to a neutral rating.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Final submission of your response shall be received not later than 12/27/2024, 9:00 AM MST at Koby.Thiel@va.gov only. Subject line should include “RESPONSE TO RFQ 36C26225Q0119.”

Submissions shall include your quote as well as a capabilities statement with qualifications proving all certifications and education required for the work being conducted in the SOW. Submissions not meeting all requirements of the SOW will be considered ineligible for award.

Quotes should be based on the information provided as no discussions will be allowed. This solicitation is being made under FAR 13.106-2(b)(3) using Simplified Acquisition Procedures.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

All questions are to be submitted to Koby Thiel, Koby.Thiel@va.gov, by December 20, at 9:00 AM MST.

All quotes regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Koby.Thiel@va.gov

A.1 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

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

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veteran(s);

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

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

(iv) The business has been verified for ownership and control pursuant to 38 U.S.C. 8127 and 13 CFR 128, and is certified and listed in the SBA certification database at https://veterans.certify.sba.gov/; and

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

(2) ‘‘Veteran’’ is defined in 38 U.S.C. 101(2).

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

(4) The term ‘‘small business concern owned and controlled by Veterans’’ has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be certified and listed in the SBA certification database.

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

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

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

(2) Any award resulting from this solicitation shall be made only to a certified VOSB who is eligible at the time of submission of offer(s) and at time of award.

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

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

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on-subcontracting (LOS) requirements in 13 CFR 121.406(b) and 125.6. For the purpose of the limitations on subcontracting, only certified VOSBs listed in the SBA certification database, (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 and/or 852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

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

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

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

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

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

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

(f) Joint ventures. A joint venture may be considered eligible as a VOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.10, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

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

(End of Clause)

A.2 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) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified 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) [] 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)

Combined Synopsis/Solicitation Notice