36C26225Q0970.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

VA Loma Linda Healthcare System

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 2025-03.

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 811210, with a small business size standard of $34.0 Million. The FSC/PSC is J065.

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

All Interested entities shall provide quotations for the following:

OBJECTIVES:

Surgical instrument repair and refurbishment is a highly specialized vocation. Finding a contractor with a strong knowledge base of the specific instruments used at VA Loma Linda Healthcare System, Nursing and Sterile Processing Service Patient Care Services is crucial. Acquiring an annual contract for this requirement ensures cost efficiency by having highly skilled technicians conduct repair services without damaging or breaking instruments; standardization through the use of the same company for all repairs; and time saving processes from having one point of contact and consistent plans of action.

CONTRACT TYPE:

The Government intends to award a firm-fixed price contract resulting from this solicitation.

PERIOD OF PERFORMANCE:

The period of performance shall for 12 months.

PLACE OF PERFORMANCE:

The required Maintenance and Repair Service of Surgical Instruments shall be performed at:

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

GENERAL REQUIREMENTS:

The Contractor shall furnish all necessary labor, supervision, materials, supplies and equipment necessary to perform repair and replacement services of various types of surgical instruments that are contained in various instrument sets and the refurbishment of containers/lids. This shall include ALL of the surgical instruments currently in use at the Veterans Affairs VA Loma Linda Healthcare System.

The repair services are required on a weekly and on as needed basis to ensure that the VA has the safest and most reliable instruments on hand to use on our Veteran patients.

SCOPE OF WORK: - Repair / Refurbishment of Surgical Instruments

Repairing/ Refurbishment and Restoring Instruments to meet best practice functional demands, Using Service recommends 2-3 times per year set turn. This is an average; as high use sets will require additional attention throughout the year. The preferred method or preventative maintenance is working in tandem with VA’s OR Schedule (Operating Schedule).

The contractor shall perform the required service including but are not limited to:

Laparoscopic Instrument Service:

· Sharpening

· Resetting

· Aligning

· Adjusting

· Repair with part replacement

· Cleaning/Oiling

· New Flush port

· Straightening

· Repair/replacement of cautery posts

· Thumb screws

· Skirts

· Inner stem resetting

· Repair/replacement of shaft insulation

· Repair/replacement of ratchet assemblies

· Repair/replacement of valves

· Repair/replacement of springs

· Repair/replacement of resealing of handles

· New Needles/hooks/spatulas

· On-site laparoscopic Insulation Testing and Replacement (Lap)

· Removal of Old Color Coating

· Final Inspection – performance

· Complete rebuilding or replacement of laparoscopic instrument components including replacement of all parts as necessary

General Instrument Service:

· Complete inspection and evaluation of all general and micro instruments

· Disassembly when applicable

· Sharpening

· Refurbishment

· Align and adjust as required for optimal performance

· Re-insulation

· Tape/color coating removal and tape re-application

· Replace damaged or worn carbine inserts

· Repair ratchet, jaw and shank as required

· Ultrasonic cleaning and revitalization

· Perform all furnishing to include labor, parts to perform all refurbishment, maintenance and repair on instrumentation listed to guarantee the proper functionality of the instrument according to the manufacturer’s specifications.

· Instruments that are damaged or broken during the refurbishment process shall be repaired or replaced with an identical instrument

· Replace worn, missing or broken parts

· Direct communication to instrumentation specialist

· Entire set completion

· Buffing

· Cleaning/oiling as needed

· Refinish on request

· On-going quality control review

· Trays serviced according to case volume

· Ensuring that all sharps, such as scissors, rongeurs, osteotomes, elevators and curettes are checked for sharpness, fractures, proper tension, lose or missing screws, alignment etc.

· The availability of a Repair Technician that works with Nursing and Patient Care Sterile Processing Services staff to ensure each instrument is inspected, repaired and returned to industry or preference requests.

All surgical instruments and sets shall be inspected and evaluated for continued best practice performance and restoration. Instruments are restored to like new condition.

· Each surgical set in the fleet shall be inspected, repaired and refurbished on an as needed basis.

· Recommend the use of the instrument tracking system to track the repair program.

· Any surgical instruments that are deemed unrepairable at the time of repair/refurbishment shall be replaced under the program.

Refurbishment Program:

- Refurbishment repair service program entails:

· All ringed instruments are inspected for alignment, boxlock tension and fractures.

· All forceps are inspected for alignment, proper spring tension and fractures.

· Special attention is focused on delicate instruments and teeth alignment.

· All sharps, such as scissors, rongeurs, osteotomes, elevators and curettes are checked for sharpness, fractures, proper tension, loose or missing screws, alignment etc.

· Ensuring all instruments are repaired to original equipment manufacturer (OEM) standards, only proper screws, springs are used in the repair process. No center punching of screws in rongeurs/kerrisons etc.

· After sharpening and repairing all the instruments, they are placed in an ultrasonic cleaner which removes debris and oxidation.

REPAIR PROCESS:

Prior to commencing work on hospitals instruments, the contractor shall conduct a set evaluation to determine specific needs of the facility and coordinate a proper schedule for routine maintenance and refurbishing. Knowing the number and usage of sets allows the Contractor to determine a proper schedule for routine maintenance and refurbishing. Generally, instrument sets should be scheduled for sharpening every 3-4 months. Ortho, Spine, Lami & Endo sets more often depending on need. Repair specialist shall provide the required service about 8 to 12 sets in a day, depending upon the size, type of trays and service required. Certain sets take longer than others but on average a tray can be serviced in about 45 minutes. Instrument sets are opened and repaired one at a time in order to keep instruments together.

Containers shall also be inspected and repaired as needed; removing dents, tightening or replacing latches, replacing broken rivets, rails, retention plates, and gaskets are all part of the repair utilizing OEM replacement parts.

Surgical grade stainless steel instruments that are beyond repair shall be replaced with exact instruments (exact vendor, catalog number and quantity) before the set is returned to VALLHS. No substitutions are acceptable. Damaged instruments are the property of VALLHS and will be returned to the facility for turn-in according to established procedures.

Curettes, osteotomes, rongeurs, and scissors shall be sharpened according to original manufacturer specifications. Documentation is required.

Instruments are not to be replaced with other vendor items.

Vendor specific rigid containers, base, lid, basket shall be maintained to as new specifications. Missing or damaged handles shall be replaced with original equipment manufacturer (OEM) parts. Damaged filter holders will be repaired. If they cannot be repaired, they will be replaced with OEM components. Colorized container lids shall have the color coat replaced when excessive scratching off of the color is noted by facility representative.

Instruments marked with 2-D data matrices shall have the data matrix protected during repair so that it can be scanned per instrument tracking protocol. A maintenance schedule shall be developed between vendor and facility representatives within 10 business days of contract award. Work shall be completed within agreed to timeframes.

As instruments are removed from the container, they are counted and separated. Hemostats and ring handled instruments are checked for alignment, boxlock tension and fractures. Tissue forceps checked for alignment, proper spring tension and fractures. Special attention is focused on delicate instruments and teeth alignment. All sharps are checked for use. For example: Scissors shall be tested using latex material, rongeurs and kerrisons should snap card stock, osteotomes, elevators and curettes should dig into a sharpie pen. Other instruments are tested and checked for fractures, proper tension, loose or missing screws, alignment, etc.

The repair vans shall carry an assortment of springs, screws and other OEM replacement parts to ensure a cost-effective same day repair. An inventory of new Needleholders shall also be kept in the van for warranty replacement and needleholder swap on select patterns. After sharpening and repair, all stainless instruments are placed into the ultrasonic cleaner which removes debris and oxidation. The instruments are rinsed with clean water, counted again, and placed back into the container where attention is given to protect the sharps.

When an instrument is worn or damaged beyond repair, an instrument card shall be filled out explaining why it is tagged non-repairable. It is then bagged, with the instrument count sheet attached so the hospital knows what tray the instrument came from for re-ordering.

There are different ways of keeping track of trays that have been serviced. Contractor shall work together with the requesting service to determine the best solution. For example: By placing a dated label on the container requesting service can visually see when the tray was serviced while sitting on the shelf. Inputting service dates onto an Excel spreadsheet a maintenance schedule is used that informs Contractor when the next service is due. Some hospitals utilize instrument management systems such as Instacount or Censitrac which flags sets for servicing. Contractor shall develop an on-line work order system that tracks service history and informs the technician when trays are due. Whatever the need, there's a tracking system that can be put in place.

At the end of the day an on-line work order is generated by the technician showing the work performed, line-item pricing and trays serviced. Pricing on this order is predetermined by the existing contract. Contractor shall require a signature from hospital personal and the repair technician gives a copy of the work order to the needed departments.

The technician will confirm the next repair date with a follow up phone call or an email to the Contractor.

For further education, the repair technician shall organize a care and handling in-service with hospital staff and show how they can test instruments for sharpness/functionality. This knowledge is especially helpful while SPD technicians assemble trays for surgery.

The Repair Van shall always maintain an open-door policy to hospital staff and full access to the repair specialist. Contractor shall be committed to meeting the instrument repair needs of the customers. Satisfaction repair surveys shall be provided to the contractor at the end of period of performance to help ensure that hospitals are getting the best service possible from the Contractors trained technicians.

EQUIPMENT IN THE REPAIR PROCESS:

Ultrasonic Cleaner:

All stainless instruments go through the sonic cleaner during the repair process.

Trinco Bead Blaster:

Sets are completely refurbished by using a fine glass bead material in the blaster. This process brings the instruments to a like new, satin finished, condition. Care is taken during this process not to remove manufacture etching, part numbers, tape or other identifiable markings on the instruments.

Drill Press:

The drill press shall be used for a variety of functions: Drilling holes for taping, drilling out broken rivets on containers, spinning replacement screws for filing, etc.

Buffers & Bench Grinders:

A variety of wheels are used on the buffing motors that have unique functions. From hard core sanding to bright finish buffing, these are the tools of the trade that make the instruments function at their best.

Evacuation System:

All motors and grinders are tied into a central evacuation system that sucks the dust into a contained filtered storage unit, keeping the repair lab free from airborne particles.

Stereo Boom Microscope:

This is a 10x-30x powered unit that is used to see instruments up-close for sharpening and inspection. From eye instruments to kerrisons and curettes, this microscope is a must.

Microtron Unit:

Used in conjunction with the microscope and by inserting a variety of diamond burs into the hand piece, the working end of instruments are sharpened. (rongeurs, curettes etc.)

Demagnetizer:

Demagnetizing instruments are especially useful on micro sets and needleholders. It is very annoying to surgeons when suture needles clings to instruments.

Diamond Duster:

This tool applies tungsten-carbide “diamond dust” to the worn jaws of micro instruments and needleholders.

Endo Hipot Tester:

Testing Lap & Endo insulation service shall be provided by the technicians. If an instrument fails the test, new medical grade insulation replaces the old.

Hand Tools:

A variety of specialized hand tools are needed to complete needed repairs. By utilizing unique files and customized equipment the skilled craftsmen are proficient in the art of hand finishing.

TECHNICIAN:

Repair Technician shall be available to personally work with the Central Supply, Operating Room, and Surgical staff to ensure each instrument is inspected, repaired and returned to the original specifications for form, fit and function.

CONTRACTOR AND PERSONNEL QUALIFICATION REQUIREMENTS:

Contractor personnel performing under this contract shall be fully qualified and competent to provide the services required in this solicitation. “Fully qualified” is defined as trained and experienced to provide the services described herein. The Contractor shall provide resumes of their personnel and copies of certifications/credentials of approved personnel and technicians.

Resumes shall clearly reflect the experience, list of formal education and training, expertise and any licensing or certifications required. All Contractor personnel shall have at least three (3) years of experience in the following areas: surgical instrumentation maintenance and repair.

Contractor shall provide documentation to show that they could provide replacements of surgical instruments. Provide listing of replacements.

Contractor shall provide sample of a monthly tracking document.

CONTRACTOR CONTACT INFORMATION:

The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC.

The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

Point of Contact, Name:

Telephone Number:

E-mail Address:

Alternate Point of Contact, Name:

Telephone Number:

E-mail Address:

HOURS OF SERVICE:

The Contractor shall perform the services as specified herein Sunday through Saturday (per mutual agreement), except for National Holidays (see below) between the hours of 07:30 a.m. – 4:00 p.m.

Any other services requested outside the coverage times (indicated above) shall be approved in advance by the Contracting Officers Representative (COR) and/or the Contracting Officer.

NATIONAL HOLIDAYS:

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be 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 to be a National Holiday.

When a service is required less than three times per week and the time for that service falls on a holiday, the work shall be accomplished on the day following or preceding the holiday.

SPECIAL CONTRACT REQUIREMENTS

VA POLICIES:

Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

Contractor shall be required to provide copies of the following:

1. The Contractor shall be required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability.

1. 15 days after contract award, the Contractor shall furnish to the Contracting Officer an Official Certification from the insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished at least thirty (30) days prior to the expiration date of the current insurance policy. The phrase “will endeavor” is not acceptable terms to the Government and such coverage carrying that phrase will be rejected and services may not be rendered until proper certificate is issued.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

IAW VA 0710 Handbook, appointees and contract personnel appointed to Low/Moderate/High Risk positions must be subjects of a background investigation conducted by OPM and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract.

Should the contract require Contractor’s personnel to maintain U.S. citizenship, the Contractor shall be responsible for compliance. Regardless of U.S. citizenship requirements, Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government based on the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. Currently, the current estimated costs for such investigations are as follows:

The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/Nonsensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

BACKGROUND SCREENING:

In accordance with VHA Directive 0710 all Contractor personnel providing services under this contract shall be the subject to a background screening and must receive favorable adjudication from the VA prior to contract performance. The level of screening for this contract is: Special Agency Check (SAC) only unless a National Agency Check is determined to be required by the VA ISO and/or Privacy Officer for contract personnel assigned to a low risk/non-sensitive position is expected to work more than 180 days. Any employee whose background investigation yields unfavorable results shall be removed immediately from performance under this contract. In the event the screening is not completed prior to contract performance, the Contractor shall be responsible for the actions of those individuals performing under the contract.

CONTRACTING OFFICER REPRESENTATIVE (COR):

Delegation of Authority letters shall be forwarded to the using service and the Contractor after agreement has been signed, identifying the individual(s) as the COR(s). No service shall be provided without the approval of the COR or his/her designee of this contract.

The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

BADGES:

All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA Loma Linda Healthcare System grounds. I.D. badges must have identification picture, name of the individual and the represented company depicted on it.

PARKING POLICY:

It is the responsibility of Contractor personnel to park only in designated parking areas. The VA Loma Linda Healthcare System shall not invalidate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

SMOKING POLICY:

Smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

CELLULAR PHONES:

Cellular phones shall be used only in authorized areas of the hospital/facility.

ADDITIONAL SERVICES:

The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. In the event the Contractor initiates any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase of costs incurred as a result thereof.

AUTHORIZED SERVICES:

Only those services specified within are authorized under this contract.

INVOICE/BILLING PROCEDURES:

The Contractor shall submit a monthly invoice in the arrears to the VALLHCS COR and through the Tungsten Network System at the end of each month for payment of work completed in that billing period. The invoice shall indicate the purchase order number and obligation number.

POST-AWARD PERFORMANCE CONFERENCE:

The Contracting Officer may schedule a post-award performance conference with the Contractor, if deemed necessary, for contract orientation purposes.

Required Special Standards of Responsibility submittals with quotes SHALL include following:

· Contractor shall provide resumes of all personnel and copies of certifications/credentials of approved personnel and technicians that will work on this contract with a minimum of 3 years in all of the following areas: surgical instrumentation maintenance and repair.

· Contractor shall provide documentation to show that they could provide replacements of surgical instruments. Provide listing of replacements.

· Contractor shall provide sample of a monthly tracking document.

The contract period of performance is 7-1-2025 – 6/30/2026, 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), (5), (7), (9), (11), (12), (25), (26), (31), (35), (36), (37), (40), (46), (51), (55), (59), (63), (64), (c)(1), (2), (3), (4), (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 lowest price with special standards of responsibility 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. Responsibility will be determined by required submittals and past performance.

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 6/23/2024, 8:00 AM PST at Koby.Thiel@va.gov only. Subject line should include “RESPONSE TO RFQ 36C26225Q0970.”

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.

Submissions shall be submitted with two separate files, one for all required responsibility submittals and the other for pricing. Pricing is to be submitted using the provided line items below.

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 June 12, at 8:00 AM PST.

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

Koby.Thiel@va.gov

DOL WAGE DETERMINATION (REF)

This contract/PO incorporates Department of Labor (DOL) Wage Determination (WD) 2015-5629 (Rev25), dated 12/23/2024.

The wage determination can be found at https://sam.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