36C77022R0009 0004 Conformed.pdf

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Attached to
Q517--Staffing Service - Leavenworth CMOP
Solicitation number
36C77022R0009
Issued by

About this file

This document is an amendment to Solicitation 36C77022R0009 for staffing services for the Leavenworth Consolidated Mail Outpatient Pharmacy (CMOP) for the Department of Veterans Affairs. The solicitation is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB).

The amendment extends the proposal due date to July 9, 2024 at 2PM CST. It replaces the prior solicitation language in its entirety with a conformed version. The contract will consist of five 1-year ordering periods. The contractor must provide pharmacists, pharmacy technicians, and shippers/packers to support operations at the Leavenworth CMOP. The guaranteed minimum contract amount is $2,000,000 and the maximum is $300,000,000. Offerors must be registered and active in the System for Award Management (SAM.gov) to be eligible for award. The applicable wage determination is WD 2015-5105 r22 dated May 8, 2024.

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Other files

File Type Posted
Attachment 7-Leavenworth Solicitation Amendment Question Response.docx DOCX document
36C77022R0009 0006.pdf PDF
Attachment 1-PWS r3.docx DOCX document
36C77022R0009 0005.pdf PDF
Attachment 4 - Past Performance r2.docx DOCX document
Attachment 2 -PRS r2.docx DOCX document
Attachment 3 - WD 2015-5105 r22 05-08-2024.pdf PDF
Attachment 5 - Business Associate Agreement.doc DOC document
Attachment 1 - PWS r2.docx DOCX document
Attachment 6 - Solicitation Questions.docx DOCX document
Attachment 2 - PRS r1.docx DOCX document
Attachment 4 - WD 2015-5105 Rev 19 12-27-2022.pdf PDF
Attachment 8 - Business Associate Agreement.doc DOC document
Attachment 10 - Leavenworth Questions and Answers.xlsx XLSX spreadsheet
Attachment 1 - PWS r1.docx DOCX document
36C77022R0009 0003.docx DOCX document
Attachment 5 - Staff Matrix r1.xlsx XLSX spreadsheet
Attachment 9 - Site Visit Attendees.xlsx XLSX spreadsheet
Attachment 6 - Past Performance r1.docx DOCX document
36C77022R0009 0002.docx DOCX document
36C77022R0009 0001.docx DOCX document
36C77022R0009.docx DOCX document
Attachment 5 - Staff Matrix.xlsx XLSX spreadsheet
Attachment 3 - WD 2015-5105 r18 20220711.pdf PDF
Attachment 2 - PRS.docx DOCX document
Attachment 7 - Site Visit Request Form Leavenworth 760.docx DOCX document
Attachment 6 - Past Performance.docx DOCX document
Attachment 1 - PWS .docx DOCX document
Attachment 4 - VHA Supplemental Contract Requirements for Combatting COVID-19.docx DOCX document
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5. PROJECT NUMBER (if applicable)

CODE7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODECODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

NCO 15 Contracting Ofc - CMOP

1 74

6/7/2024

None

36C770

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

36C770

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

To all Offerors/Bidders

36C77022R0009

12-06-2022

X

X X

** HOUR & DATE for Receipt of Offers is EXTENDED to: 2PM CST / July 9, 2024

X 1

See Continuation Page for details of this Amendment.

The proposal date has been extended to 2PM CST, July 9, 2024.

Benjamin DuFour Contracting Officer

Reason for Amendment:

This amendment replaces the prior Solicitation language, in its entirety, with the conformed version beginning on Page 3. To the extent there is any conflict between any prior version and the version below, this version controls.

It is the sole responsibility of the offerors to review this amendment and submit a proposal that complies with any and all requirements set forth herein.

PAGE 3 OF1. 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

NCO 15 Contracting Ofc - CMOP

36C77022R0009 0004 06-07-2024

Nicholas Schulte (913) 758-9939 07-09-2024

02:00 PM CST

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth, KS 66048-5012

X 100

X

561210

$41.5 Million

N/A

X

Dept. of Veterans Affairs VA CMOP - Leavenworth - 760 5000 S. 13th St.

Leavenworth KS 66048-5580

36C770

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP

Leavenworth KS 66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

This solicitation is 100% set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) IAW VAAR 819-70.

This solicitation is for Pharmacist/Pharmacist Technicians, Shippers/Packers for the Leavenworth CMOP.

See Performance Work Statement (PWS) for full details.

Vendor must be registered and active at www.SAM.gov in order to be eligible for award.

WD 2015-5105 r22 dated May 08, 2024 will apply to this solicitation and resultant contract.

See CONTINUATION Page

X X

X 1

Benjamin Dufour

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)..38

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

C.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.13 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

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

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) ALTERNATE

I (FEB 2024)

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 36C770

Department of Veterans Affairs

NCO 15 Contracting Ofc - CMOP

Leavenworth, KS 66048-5012

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Weekly Certified Invoice

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:

AMENDMENT NO DATE

Amendment 0001 12/28/2022 Amendment 0002 1/11/2023 Amendment 0003 1/17/2023 Amendment 0004 6/7/2024

B.2 ORDERING PERIODS

Contract Period of Performance:

The Contract will consist of five (5) ordering periods. Each ordering period shall be for a period of one (1) year:

Ordering Period 1 1 year starting from Contract Award (Estimated 8/1/2024)

Ordering Period 2 1 year starting from the expiration of Ordering Period 1

Ordering Period 3 1 year starting from the expiration of Ordering Period 2

Ordering Period 4 1 year starting from the expiration of Ordering Period 3

Ordering Period 5 1 year starting from the expiration of Ordering Period 4

B.3 SCHEDULE

The Contractor shall provide Pharmacist, Pharmacy Technician and Shipper/Packer services in accordance with the specifications contained herein to the Department of Veterans Affairs (VA) Consolidated Mail Outpatient Pharmacy (CMOP) at the prices specified in the Schedule of Services set forth below. The contractor must supply all management, supervision, and labor necessary to provide non-personal staffing services supporting operations at the CMOP in Leavenworth Kansas, The guaranteed minimum contract amount, inclusive of all ordering periods, is $2,000,000. The maximum contract amount, inclusive of all ordering periods, is

$300,000,000.00.

ESTIMATED QUANTITIES: The quantities listed in the Price Schedule below are annual estimates only and are not to be considered a minimum or maximum.

These estimates do not create any obligation to purchase any specified amount of services under this contract, and the Government will only be obligated to make payment for services requested and received in the quantities and the quality requested.

Ordering: Task Orders will be placed by a NCO 15 Contracting Officer. Task Orders shall govern/articulate scheduling procedures.

PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

0001 29,120.00 HR __________________ __________________

Pharmacist

0002 0.00 HR __________________ __________________

Pharmacist Night

0003 1,000.00 HR __________________ __________________

Pharmacist Overtime

0004 0.00 HR __________________ __________________

Pharmacist Overtime Night

0005 0.00 HR __________________ __________________

Pharmacist Holiday

0006 0.00 HR __________________ __________________

Pharmacist Holiday Night

0007 0.00 HR __________________ __________________

Pharmacist Lead

0008 0.00 HR __________________ __________________

Pharmacist Lead Overtime

0009 0.00 HR __________________ __________________

Pharmacist Lead Overtime Night

0010 0.00 HR __________________ __________________

Pharmacist Lead Holiday

0011 0.00 HR __________________ __________________

Pharmacist Lead Holiday Night

0012 87,360.00 HR __________________ __________________

Pharmacy Technician

0013 0.00 HR __________________ __________________

Pharmacy Technician Night

0014 1,000.00 HR __________________ __________________

Pharmacy Technician Overtime

0015 0.00 HR __________________ __________________

Pharmacy Technician Overtime Night

0016 0.00 HR __________________ __________________

Pharmacy Technician Holiday

0017 0.00 HR __________________ __________________

Pharmacy Technician Holiday Night

0018 0.00 HR __________________ __________________

Pharmacy Technician Lead

0019 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime

0020 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime Night

0021 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday

0022 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday Night

0023 224,640.00 HR __________________ __________________

Shipper/Packer

0024 0.00 HR __________________ __________________

Shipper/Packer Night

0025 1,000.00 HR __________________ __________________

Shipper/Packer Overtime

0026 0.00 HR __________________ __________________

Shipper/Packer Overtime Night

0027 0.00 HR __________________ __________________

Shipper/Packer Holiday

0028 0.00 HR __________________ __________________

Shipper/Packer Holiday Night

0029 6,240.00 HR __________________ __________________

Shipper/Packer Lead

0030 0.00 HR __________________ __________________

Shipper/Packer Lead Night

0031 1,000.00 HR __________________ __________________

Shipper/Packer Lead Overtime

0032 0.00 HR __________________ __________________

Shipper/Packer Lead Overtime Night

0033 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday

0034 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday Night

0035 6,240.00 HR __________________ __________________

Facility Administrator

1001 29,120.00 HR __________________ __________________

Pharmacist

1002 0.00 HR __________________ __________________

Pharmacist Night

1003 1,000.00 HR __________________ __________________

Pharmacist Overtime

1004 0.00 HR __________________ __________________

Pharmacist Overtime Night

1005 0.00 HR __________________ __________________

Pharmacist Holiday

1006 0.00 HR __________________ __________________

Pharmacist Holiday Night

1007 0.00 HR __________________ __________________

Pharmacist Lead

1008 0.00 HR __________________ __________________

Pharmacist Lead Overtime

1009 0.00 HR __________________ __________________

Pharmacist Lead Overtime Night

1010 0.00 HR __________________ __________________

Pharmacist Lead Holiday

1011 0.00 HR __________________ __________________

Pharmacist Lead Holiday Night

1012 87,360.00 HR __________________ __________________

Pharmacy Technician

1013 0.00 HR __________________ __________________

Pharmacy Technician Night

1014 1,000.00 HR __________________ __________________

Pharmacy Technician Overtime

1015 0.00 HR __________________ __________________

Pharmacy Technician Overtime Night

1016 0.00 HR __________________ __________________

Pharmacy Technician Holiday

1017 0.00 HR __________________ __________________

Pharmacy Technician Holiday Night

1018 0.00 HR __________________ __________________

Pharmacy Technician Lead

1019 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime

1020 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime Night

1021 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday

1022 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday Night

1023 224,640.00 HR __________________ __________________

Shipper/Packer

1024 0.00 HR __________________ __________________

Shipper/Packer Night

1025 1,000.00 HR __________________ __________________

Shipper/Packer Overtime

1026 0.00 HR __________________ __________________

Shipper/Packer Overtime Night

1027 0.00 HR __________________ __________________

Shipper/Packer Holiday

1028 0.00 HR __________________ __________________

Shipper/Packer Holiday Night

1029 6,240.00 HR __________________ __________________

Shipper/Packer Lead

1030 0.00 HR __________________ __________________

Shipper/Packer Lead Night

1031 1,000.00 HR __________________ __________________

Shipper/Packer Lead Overtime

1032 0.00 HR __________________ __________________

1033 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday

1034 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday Night

1035 6,240.00 HR __________________ __________________

Facility Administrator

2001 29,120.00 HR __________________ __________________

Pharmacist

2002 0.00 HR __________________ __________________

Pharmacist Night

2003 1,000.00 HR __________________ __________________

Pharmacist Overtime

2004 0.00 HR __________________ __________________

Pharmacist Overtime Night

2005 0.00 HR __________________ __________________

Pharmacist Holiday

2006 0.00 HR __________________ __________________

Pharmacist Holiday Night

2007 0.00 HR __________________ __________________

Pharmacist Lead

2008 0.00 HR __________________ __________________

Pharmacist Lead Overtime

2009 0.00 HR __________________ __________________

Pharmacist Lead Overtime Night

2010 0.00 HR __________________ __________________

Pharmacist Lead Holiday

2011 0.00 HR __________________ __________________

Pharmacist Lead Holiday Night

2012 87,360.00 HR __________________ __________________

Pharmacy Technician

2013 0.00 HR __________________ __________________

Pharmacy Technician Night

2014 1,000.00 HR __________________ __________________

Pharmacy Technician Overtime

2015 0.00 HR __________________ __________________

Pharmacy Technician Overtime Night

2016 0.00 HR __________________ __________________

Pharmacy Technician Holiday

2017 0.00 HR __________________ __________________

Pharmacy Technician Holiday Night

2018 0.00 HR __________________ __________________

Pharmacy Technician Lead

2019 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime

2020 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime Night

2021 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday

2022 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday Night

2023 224,640.00 HR __________________ __________________

Shipper/Packer

2024 0.00 HR __________________ __________________

Shipper/Packer Night

2025 1,000.00 HR __________________ __________________

Shipper/Packer Overtime

2026 0.00 HR __________________ __________________

Shipper/Packer Overtime Night

2027 0.00 HR __________________ __________________

Shipper/Packer Holiday

2028 0.00 HR __________________ __________________

Shipper/Packer Holiday Night

2029 6,240.00 HR __________________ __________________

Shipper/Packer Lead

2030 0.00 HR __________________ __________________

Shipper/Packer Lead Night

2031 1,000.00 HR __________________ __________________

Shipper/Packer Lead Overtime

2032 0.00 HR __________________ __________________

2033 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday

2034 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday Night

2035 6,240.00 HR __________________ __________________

Facility Administrator

3001 29,120.00 HR __________________ __________________

Pharmacist

3002 0.00 HR __________________ __________________

Pharmacist Night

3003 1,000.00 HR __________________ __________________

Pharmacist Overtime

3004 0.00 HR __________________ __________________

Pharmacist Overtime Night

3005 0.00 HR __________________ __________________

Pharmacist Holiday

3006 0.00 HR __________________ __________________

Pharmacist Holiday Night

3007 0.00 HR __________________ __________________

Pharmacist Lead

3008 0.00 HR __________________ __________________

Pharmacist Lead Overtime

3009 0.00 HR __________________ __________________

Pharmacist Lead Overtime Night

3010 0.00 HR __________________ __________________

Pharmacist Lead Holiday

3011 0.00 HR __________________ __________________

Pharmacist Lead Holiday Night

3012 87,360.00 HR __________________ __________________

Pharmacy Technician

3013 0.00 HR __________________ __________________

Pharmacy Technician Night

3014 1,000.00 HR __________________ __________________

Pharmacy Technician Overtime

3015 0.00 HR __________________ __________________

3016 0.00 HR __________________ __________________

Pharmacy Technician Holiday

3017 0.00 HR __________________ __________________

Pharmacy Technician Holiday Night

3018 0.00 HR __________________ __________________

Pharmacy Technician Lead

3019 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime

3020 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime Night

3021 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday

3022 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday Night

3023 224,640.00 HR __________________ __________________

Shipper/Packer

3024 0.00 HR __________________ __________________

Shipper/Packer Night

3025 1,000.00 HR __________________ __________________

Shipper/Packer Overtime

3026 0.00 HR __________________ __________________

Shipper/Packer Overtime Night

3027 0.00 HR __________________ __________________

Shipper/Packer Holiday

3028 0.00 HR __________________ __________________

Shipper/Packer Holiday Night

3029 6,240.00 HR __________________ __________________

Shipper/Packer Lead

3030 0.00 HR __________________ __________________

Shipper/Packer Lead Night

3031 1,000.00 HR __________________ __________________

Shipper/Packer Lead Overtime

3032 0.00 HR __________________ __________________

Shipper/Packer Lead Overtime Night

3033 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday

3034 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday Night

3035 6,240.00 HR __________________ __________________

Facility Administrator

4001 29,120.00 HR __________________ __________________

Pharmacist

4002 0.00 HR __________________ __________________

Pharmacist Night

4003 1,000.00 HR __________________ __________________

Pharmacist Overtime

4004 0.00 HR __________________ __________________

Pharmacist Overtime Night

4005 0.00 HR __________________ __________________

Pharmacist Holiday

4006 0.00 HR __________________ __________________

Pharmacist Holiday Night

4007 0.00 HR __________________ __________________

Pharmacist Lead

4008 0.00 HR __________________ __________________

Pharmacist Lead Overtime

4009 0.00 HR __________________ __________________

Pharmacist Lead Overtime Night

4010 0.00 HR __________________ __________________

Pharmacist Lead Holiday

4011 0.00 HR __________________ __________________

Pharmacist Lead Holiday Night

4012 87,360.00 HR __________________ __________________

Pharmacy Technician

4013 0.00 HR __________________ __________________

Pharmacy Technician Night

4014 1,000.00 HR __________________ __________________

Pharmacy Technician Overtime

4015 0.00 HR __________________ __________________

4016 0.00 HR __________________ __________________

Pharmacy Technician Holiday

4017 0.00 HR __________________ __________________

Pharmacy Technician Holiday Night

4018 0.00 HR __________________ __________________

Pharmacy Technician Lead

4019 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime

4020 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime Night

4021 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday

4022 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday Night

4023 224,640.00 HR __________________ __________________

Shipper/Packer

4024 0.00 HR __________________ __________________

Shipper/Packer Night

4025 1,000.00 HR __________________ __________________

Shipper/Packer Overtime

4026 0.00 HR __________________ __________________

Shipper/Packer Overtime Night

4027 0.00 HR __________________ __________________

Shipper/Packer Holiday

4028 0.00 HR __________________ __________________

Shipper/Packer Holiday Night

4029 6,240.00 HR __________________ __________________

Shipper/Packer Lead

4030 0.00 HR __________________ __________________

Shipper/Packer Lead Night

4031 1,000.00 HR __________________ __________________

Shipper/Packer Lead Overtime

4032 0.00 HR __________________ __________________

Shipper/Packer Lead Overtime Night

4033 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday

4034 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday Night

4035 6,240.00 HR __________________ __________________

Facility Administrator

4036 1.00 JB __________________ __________________

Phase-Out

5001 14,560.00 HR __________________ __________________

Pharmacist

5002 0.00 HR __________________ __________________

Pharmacist Night

5003 500.00 HR __________________ __________________

Pharmacist Overtime

5004 0.00 HR __________________ __________________

Pharmacist Overtime Night

5005 0.00 HR __________________ __________________

Pharmacist Holiday

5006 0.00 HR __________________ __________________

Pharmacist Holiday Night

5007 0.00 HR __________________ __________________

Pharmacist Lead

5008 0.00 HR __________________ __________________

Pharmacist Lead Overtime

5009 0.00 HR __________________ __________________

Pharmacist Lead Overtime Night

5010 0.00 HR __________________ __________________

Pharmacist Lead Holiday

5011 0.00 HR __________________ __________________

Pharmacist Lead Holiday Night

5012 43,680.00 HR __________________ __________________

Pharmacy Technician

5013 0.00 HR __________________ __________________

Pharmacy Technician Night

5014 500.00 HR __________________ __________________

Pharmacy Technician Overtime

5015 0.00 HR __________________ __________________

5016 0.00 HR __________________ __________________

Pharmacy Technician Holiday

5017 0.00 HR __________________ __________________

Pharmacy Technician Holiday Night

5018 0.00 HR __________________ __________________

Pharmacy Technician Lead

5019 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime

5020 0.00 HR __________________ __________________

Pharmacy Technician Lead Overtime Night

5021 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday

5022 0.00 HR __________________ __________________

Pharmacy Technician Lead Holiday Night

5023 112,320.00 HR __________________ __________________

Shipper/Packer

5024 0.00 HR __________________ __________________

Shipper/Packer Night

5025 500.00 HR __________________ __________________

Shipper/Packer Overtime

5026 0.00 HR __________________ __________________

Shipper/Packer Overtime Night

5027 0.00 HR __________________ __________________

Shipper/Packer Holiday

5028 0.00 HR __________________ __________________

Shipper/Packer Holiday Night

5029 3,120.00 HR __________________ __________________

Shipper/Packer Lead

5030 0.00 HR __________________ __________________

Shipper/Packer Lead Night

5031 500.00 HR __________________ __________________

Shipper/Packer Lead Overtime

5032 0.00 HR __________________ __________________

5033 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday

5034 0.00 HR __________________ __________________

Shipper/Packer Lead Holiday Night

5035 3,120.00 HR __________________ __________________

Facility Administrator

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

NOV 2021

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 5 years from the date of contract award..

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $15,000,000;

(2) Any order for a combination of items in excess of $55,000,000; or

(3) A series of orders from the same ordering office within ten days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 180 days after the end of the period of performance.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond TBD at Task Order level. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond TBD at Task Order level, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 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

[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 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.8 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)

C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer.

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