Combined Synopsis-Solicitation Calverton Pest Control-Final 36C78625Q50056.pdf

GENERAL INFORMATION:

Document Type: Combined Synopsis Solicitation

Solicitation Number: 36C78625Q50056

Title: Calverton National Cemetery Pest Control

Post Date: 11/26/2024

Original Response Date: 12/16/2024 10:00am EST

Applicable NAICS: 561710

Classification Code: 6840

Set Aside Type: 100% Set Aside Service-Disabled Veteran Owned Small Business

Period of Performance: Base: 2 January 2025- 1 January 2026, Four, One Year Option

Option 1: 2 January 2026- 1 January 2027

Option 2: 2 January 2027- 1 January 2028

Option 3: 2 January 2028- 1 January 2029

Option 4: 2 January 2029- 1 January 2030

Issuing Contracting Office: Department of Veterans Affairs

National Cemetery Administration, Contract Services

18434 Joplin Road

Triangle, VA 22172

Place of Performance: Calverton National Cemetery 210 Princeton Blvd, Calverton NY 11933

Attachment A - Price-Cost Schedule Calverton National Cemetery Pest Control

Attachment B - Calverton CNC Extermination Pest Control SOW

Attachment C - Wage Determination 2015-4157 Rev 25 SCA

Attachment D - Past Performance Questionnaire

Attachment - Subcontractor Participation Document

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.603 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ), solicitation number 36C78625Q50056.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC)

FAC 2024-07 (eff. 09/30/2024).

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The (NAICS) code for this procurement is 561710. The business size standard number of employees is

$17.5 Million.

This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.

PRICE SCHEDULE: See Attachment A. The schedule price for each CLIN should be all-inclusive, including all supervision, labor, equipment, materials, and supplies. Pricing shall be FOB Destination and in accordance with the Statement of Work and Terms and Conditions of this Combined

Synopsis/Solicitation.

Quoters shall enter the unit price and total amounts for each CLIN as indicated in the Schedule –

Attachment A. In the event the Quoter did not add the total estimated price correctly, the Government will utilize the unit price(s) to compute the correct total estimated price.

DESCRIPTION OF REQUIREMENT: See Statement of Work at Attachment B.

CONTRACT DATES: The period of performance will be one (1) base year and four (4) one-year options from the date of award, if exercised.

DELIVERY/ACCEPTANCE LOCATION: The delivery and acceptance location will be at the Place of Performance address listed on page 1 of this Combined Synopsis/Solicitation.

CONTRACT TYPE: This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.

The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of a

Firm Fixed Priced (FFP) contract with a base plus four option years for this Pest Control Requirement.

All questions regarding this requirement should be sent to the Contract Specialist by following the instructions in the “RFQ QUESTIONS” section of this Combined Synopsis Solicitation. The Contract

Specialist will then issue an amendment(s) answering all the questions received by the question due date.

Potential Quoters are responsible for checking SAM.gov for issued Amendments to this Combined

Synopsis Solicitation.

PRE-QUOTATION SITE VISIT: Quoters are urged and expected to attend the Site Visit where these services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect the sites constitute grounds for a claim after this contract is awarded. There will be a site visit for this requirement on Tuesday, December 3, 2024 @ 09:00 a.m. EST at Calverton National Cemetery, Administration Building, at 210

Princeton Blvd, Calverton NY 11933

Only one (1) site visit will be scheduled. No other individual tours will be scheduled or manned and questions will not be received after Friday, December 6, 2024. Interested parties shall meet at Calverton

National Cemetery (Administration BLDG) on December 3, 2024 @ 09:00 am EST for the Site Visit.

Interested prospective quoters should attend the scheduled site visit. Please meet Patrick Herring and

Patrick Keams in front of the (Administration Building).

PAYMENT: 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 (OCT 2018)

INSTRUCTIONS TO QUOTERS: All prospective Quoters must be registered with the System for Award Management (SAM) website and complete the Online Representations and

Certifications at SAM.gov prior to the solicitation close date. Failure to comply will result in the

Quoter being considered ineligible.

Service-Disabled Veteran Owned Small Business (SDVOSB) socio-economic category concerns

MUST also have an active/current registration with SBA VetCert

(www.veterans.certify.sba.gov). Failure to comply will result in the Quoter being considered ineligible.

SOLICITATION QUESTIONS:

All questions regarding this solicitation are to be submitted to the Contracting Officer, via email, no later than, Friday, December 6, 2024 10:00AM EST. No questions will be accepted after this time. Questions pertaining to this announcement shall be sent by email to:

Renetta.Prince@va.gov. Telephone inquiries will not be accepted. Associated answers to questions submitted will be provided via a solicitation amendment. Should an amendment not be endorsed by the interested Quoter, the quote will be considered ineligible for award.

RESPONSE TO REQUEST FOR QUOTATION (RFQ): Quotes are due to the Contracting officer no later than 10:00AM EST on Monday, December 16, 2024. Responses to this announcement will result in a Base year and four (4) one-year options contract from the date of award, if exercised.

All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government. Quoters are responsible for obtaining all amendments or additional information concerning this announcement at sam.gov.

QUOTATION FORMAT AND SUBMITTAL INFORMATION: Quotes must be submitted on company letterhead in either Microsoft or Adobe PDF platforms and submitted by email to the individuals listed in the Response to Request for Quotation (RFQ) section of this Combined Synopsis

Solicitation. Quoters are hereby advised that any Quoter-imposed terms and conditions which deviate from the Government’s Terms and Conditions may render the Quoter’s quote Unacceptable, and thus ineligible for award.

All quotes shall include the following information as part of their submission:

Volume A- Administrative

The following information shall be included in Volume A:

• Legal Business/Company Name (as listed in www.sam.gov)

• Complete Company Address (No P.O. Boxes)

• SAM UID

• Company Point of Contract Name and Title

• Telephone Number

• Email Address

• Signed and dated copy of each Amendment, if applicable

• Completed copies of the following Provisions are required (these are not included on SAM.gov):

o FAR 52.212-3 Quoter Representations and Certifications-Commercial https://sam.gov/content/home http://(www.veterans.certify.sba.gov)/

Products and Commercial Services (if not completed on SAM.gov) o FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation o FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals- Representation (if not completed on SAM.gov)

• Completed copy of VAAR 852.219-76 VA Notice of Limitations on Subcontracting –

Certificate of Compliance for Supplies and Products (Jan 2023) (Deviation)

In accordance with Public Law 116-183 a Small Business claiming Veterans First Status, Service Disable

Veteran Owned Small Business (SDVOSB), or Veteran Owned Small Business (VOSB), must certify in writing that their firm are performing 51 percent of the work. Therefore, Interested Quoters who claim

SDVOSB or VOSB status shall provide (1) document stating their compliance with PL 116-183. Failure to comply shall result in the Quoter being ineligible for award. Should award be made to an SDVOSB or a VOSB who is suspected of violating PL 116-183 this Agency will refer suspected violators to its department’s inspector general for investigation and possible fines, suspensions, or debarments.

Volume B - Technical Proposal

The following shall be included as part of the Quoter’s Technical Submission, Volume B:

• The contractor’s capability statement, not to exceed 7 pages, demonstrating how it will meet the technical requirement listed under the technical approach in accordance with the Pest Control

Procedures as described in the SOW. The contractor’s capability statement should not copy or restate directly from the solicitation.

• Provide proof of 3 years of experience providing Pest Control Services IAW requirements in this

SOW.

• One (1) Copy of subcontractor list (Attachment E). The list should include the business name, contact information, employee names, business size of the subcontractor and list what services they will perform. If the contract will be self- performed, then the prime contract must provide one (1) written certification/document attesting to self-performance. Failure to comply may result in the Quoter being ineligible for award.

Volume C - Past Performance

The following shall be included as part of the Quoter’s Past Performance submission, Volume C

• Past Performance Questionnaire (Attachment D)

Volume D - Pricing

The following information shall be included in Volume D

• Proposed pricing shall be submitted on the Price/Cost Schedule of Services (Attachment A)

QUOTATION PREPARATON INSTRUCTIONS: Contractors are strongly encouraged to follow the following format to submit their package. Quoters shall submit quotes in four (4) separate

Adobe Acrobat (.pdf) documents identifying each .pdf document as Volumes A, Volume B, Volume

C, and Volume D.

*NOTE – It is the responsibility of the Quoter to ensure they have completed all other Annual

Representations and Certification Provisions electronically in the System for Award

Management (SAM) accessed through https://sam.gov. Failure to comply will result in the

Quoter being ineligible for award.

All quotes are to be submitted to the Contracting Officer, via email at Renetta.Prince@va.gov no later than 10:00AM EST on Monday, December 16, 2024. IT IS THE RESPONSIBILITY OF THE

QUOTER TO SUBMIT THEIR BEST OFFER AT THE TIME QUOTES ARE DUE.

Anyone submitting a quote as a Service-Disabled Veteran Owned Small Business (SDVOSB) and

Veteran Owned Small Business (VOSB) socio-economic category concerns MUST have an active/current registration with the SBA Veteran Small Business Certification (Vet Cert).

Interested Quoters who do not have a current/active Sam account registration or who are not certified in

Vet Cert upon solicitation close date will be considered ineligible.

EVALUATION PROCESS:

Quotes will be evaluated using FAR Part 13 procedures. The Government will award a single contract resulting from this Combined Synopsis/Solicitation to the responsible quoter with the Lowest Price

Technically Acceptable offer. This means that the Quoter with the lowest evaluated price, meeting or exceeding the acceptability standards for non-cost factors will receive the award. The lowest price quote will be sent for technical review and if found technically acceptable, award will be made to that Quoter, as long as the Quoter can be determined responsible. If the lowest priced quote is not found technically acceptable, then the next lowest quote will be sent for technical review. This process will continue until a quote is found technically acceptable.

The non-cost factors used to evaluate offers are: Technical Acceptability.

The information listed below must be included in each quote to be considered a technically acceptable offer. If an offer is lacking any of this information, they will not be considered technically acceptable.

1. The contractor’s capability statement, not to exceed 7 pages, demonstrating how it will meet the technical requirement listed under the technical approach in accordance with the Pest Control

Procedures as described in the SOW. The contractor’s capability statement should not copy or restate directly from the solicitation.

2. Provide proof of 3 years of experience doing Pest Control Requirements IAW with this SOW.

3. One (1) Copy of subcontractor list (Attachment E). The list should include the business name, contact information, employee names, business size of the subcontractor and list what services they will performance. If the contract will be self- performed, then the prime contract must provide one (1) written certification/document attesting to self-performance. Failure to comply may result in the Quoter being ineligible for award.

PAST PERFORMANCE

Past Performance will be evaluated for recent and relevant experience. To demonstrate recency and https://sam.gov/ relevancy, the Quoters shall submit at least three (3) past performance questionnaires from projects they worked on within the last five (5) years. The questionnaires should be for contracts that are similar in size, scope, and complexity. The questionnaires may include the same projects used to demonstrate experience in the technical acceptability section. If an Quoter does not submit the requested number of pasts performance questionnaires, it will be assumed they have limited or no recent and/or relevant experience.

The Quoter is to utilize Attachment D - Past Performance Questionnaire and submit copies with their offer. The Government also reserves the right to use past performance information available from other sources, such as Contractor Performance Assessment Reporting System (CPARS). It’s at the

Government’s discretion to decide whether they confirm the accuracy of the Past Performance questionnaires and/or CPARS; however, if the Government chooses to confirm past performance, it will do so for all Quoters that submitted Past Performance information.

POST AWARD CONFERENCE: A Post-Award conference will be scheduled by the Contract

Specialist to discuss the requirements with the Awardee and all other stakeholders.

CONTRACT CLAUSES AND SOLICITATION PROVISIONS:

DIGNITY CLAUSE

Respect for Headstones and Markers in National Cemeteries

Handling of Markers and Headstones

Every action by Quoter personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our

Nation. Critically important is the awareness required of the Quoter employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

a. Quoters cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.

b. No tools, equipment or other items will be placed or leaned on headstones or markers.

c. Use care not to scratch or damage markers in any manner.

d. Quoter shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the Quoter must contact the COR, Director/Assistant Director, or Contracting Officer (CO) for guidance.

Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant

Director, or CO for guidance or resolution.

The Quoter is required to discuss the guidance with employees and/or subcontractors before work may begin.

Contracted Site Supervisor will ensure that no Quoter personnel work will cause any funeral, ceremony, procession, or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity, security, or safety of the event or visit is compromised.

A list of scheduled ceremonies will be provided the week prior to the event, and a list of scheduled committal services will be provided on the day of the service. The Site Supervisor shall communicate not less than daily with the COR, to ask questions and ensure he/she and contracted personnel understands the off-limit areas.

(End of Clause)

SUPPLIES OR SERVICES AND PRICES / COSTS

Price Schedule: Contractor shall furnish all labor, supervision, equipment, materials and supplies necessary to provide grounds maintenance services at the Calverton National Cemetery 210 Princeton

Blvd, Calverton NY 11933. Services will be provided in accordance with all terms, conditions, specifications, requirements, and schedules of the contract, including National Cemetery Administration

Standard Operating Procedures and Operational Standards & Measures.

Solicitation Provisions and Contract Clauses

52.212-4 Contract Terms and Conditions- Commercial Items (Nov 2023)

Addendum to FAR 52.212-4

52.252-2 Clauses Incorporated by Reference (FEB 1998). The full text of the FAR/VAAR clauses may be accessed electronically at:

http://www.acquisition.gov/browse/index/far (FAR) and https://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR Clauses

52.202-1 Definitions (NOV 2020)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.203-6_Alternate I

52.203-7 Anti-Kickback Procedures (JUN 2020)

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 (NOV 2023)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (RESERVED)

52.204-8 Annual Representations and Certifications (RESERVED)

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)

52.217-8 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.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within

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

Government to an extension.

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

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

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.

As prescribed in 23.109(c)(2), insert the following clause:

Reporting of Biobased Products Under Service and Construction Contracts (May 2024)

(a) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7

U.S.C. 8101) ( 7 CFR 3201.2).

USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—

(1) That are listed by USDA in a procurement guideline ( 7 CFR part 3201, subpart B); and

(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov ).

(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and

September 30; and

(c) Submit this report no later than—

(1) October 31 of each year during contract performance; and

(2) At the end of contract performance.

52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)

As prescribed in 23.303, insert the following clause:

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The Quoter must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful Quoter agrees to submit, for each item as required prior to award, a

Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of

Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful

Quoter is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful Quoter being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard

No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the

Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the

Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

Alternate I (July 1995). If the contract is awarded by an agency other than the Department of Defense, add the following paragraph (i) to the basic clause:

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of

Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

(End Clause)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024)

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 9/30/2024. 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 9/30/2024, 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.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.237-3 Continuity of Services (JAN 1991)

All Clauses to be incorporated in the SCA Federal Contracts eCFR :: 29 CFR Part 4 – Labor Standard for Federal Service Contracts https://www.ecfr.gov/current/title-29/section-4.6

Establish Paid Sick Leave for Federal Contractors – EO 13706 https://www.ecfr.gov/current/title-29/section-4.6 eCFR :: 29 CFR Part 13 – Establishing Paid Sick Leave for Federal Contractors https://www.ecfr.gov/current/title-29/section-13.11

Increasing the Minimum Wage for Federal Contractors – EO 14026 eCFR :: 29 CFR Part 23 – Increasing the Minimum Wage for Federal Contractors https://www.ecfr.gov/current/title-29/section-23.110

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

https://www.ecfr.gov/current/title-29/section-13.11 https://www.ecfr.gov/current/title-29/section-23.110

X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved].

X (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title

II).

(11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub.

L. 115-390, title II).

(ii) Alternate I (Dec 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022)

(if the Quoter elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

(18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

X (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

(21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2023) of 52.219-9.

(22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

X (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

X (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).

X(31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O. 13126).

X(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X(34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

(35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

X (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(40) 52.222-54, Employment Eligibility Verification (May 2022). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(May 2024) (42 U.S.C. 7671, et seq.).

X (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

X (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

X (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

X (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

X (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections

4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Feb 2024) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

(E.O. 13513).

X (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

X (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)

(31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul

2013) (31 U.S.C. 3332).

X (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

(64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

X(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

X (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub.

L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(x) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter

67)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-

64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

End of clause)

VAAR Clauses

852.201-70 Contracting Officers Representative (DEC 2022)

852.203-70 Commercial Advertising (MAY 2018)

852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020)

VAAR 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small

Businesses (NOV 2022)

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

(1) Means a small business concern-

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

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

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

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

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in

VA’s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and

125, provided that any reference therein to a service-disabled veteran-owned small business concern or

SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(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)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General. (1) Quotes are solicited only from VIP-listed SDVOSBs. Quotes received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB 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 VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multiple-award 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 requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed

SDVOSBs (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 certification requirements in this…