CSS 36C78625Q50334.pdf

COMBINED SYNOPSIS/ SOLICITATION

Alarm Services for Fort Gibson National Cemetery

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. Solicitation 36C78625Q50334 is issued as a Request for Quote.

iii. This solicitation document incorporates provisions and clauses of those in effect through Federal Acquisition Circular 2025-04 effective 12 May 2025.

iv. This is a Service-Disable Veteran-Owned Small Business (SDVOSB) set-aside. The associated North American Industrial Classification System (NAICS) code for this procurement is 561621 with a small business size standard of 25 million dollars.

v. National Cemetery Administration (NCA), Contracting Services, intends to award a Firm Fixed Price Base plus 4 Contract for Alarm Services for Fort Gibson National Cemetery.

vi. Place of performance:

Fort Gibson National Cemetery

1423 CEMETERY ROAD FT

GIBSON, OK 74434

vii. SITE VISIT:

Offerors are urged and expected to inspect all sites where 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 one or all sites constitute grounds for a claim after contract award. If you plan to conduct a site visit / inspection of the Ft. Gibson National Cemetery.

To schedule a site please contact the following:

Guy Passman, Site Foremen

(918) 478-2334, Monday – Friday 8am to 4:30pm.

viii. SOLICITATION QUESTIONS:

All solicitation questions must be submitted through email to the Contracting Officer:

david.hester@va.gov. Vendor questions must be received by 8:00 am EST on July 30, 2025, and will be answered via solicitation amendment no later than Aug , 2025.

Questions submitted after the Q&A due date will not be answered.

This is a new requirement, there is no incumbent contractor or contract.

ix. The following clauses and provisions are applicable to this combined synopsis/solicitation: 52.212-1, Instructions to Offerors; 52.212-3 Offeror

COMBINED SYNOPSIS/ SOLICITATION

Alarm Services for Fort Gibson National Cemetery

Representations and Certifications—Commercial Items; 52.212-4 Contract Terms and Conditions—Commercial Items; 52-212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

a. The FAR may be obtained at: Home | Acquisition.GOV

x. The Government intends to evaluate offers and award without discussion but reserves the right to conduct discussions. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

The right to make multiple or no award is reserved in the event it is advantageous to the Government to do so.

xi. Submission Due: 8/7/2025 at 11:00 a.m. EST

xii. Point of Contacts:

a. David Hester, david.hester@va.gov

xiii. It is the responsibility of the offeror to review the posting for any changes or amendments that may occur concerning this RFQ. It is the responsibility of the offeror to ensure all proposals and/or questions are submitted in a timely manner by specified due date.

xiv. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM). If this requirement is a SDVOSB set aside, the Offeror shall have an active and current registration in VetCert, at the time of submission and will maintain its status throughout the performance of the contract.

xv. Notice to Offeror. The Government reserves the right to cancel this RFQ, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

https://www.acquisition.gov/ mailto:david.hester@va.gov https://sam.gov/content/home https://sam.gov/content/home https://veterans.certify.sba.gov/

Document Number: 36C78625Q50334 PROCESSED Page 3 of 53

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 Statement of Work 1 Evaluation Criteria 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.237-3 Continuity of Services (Jan 1991) 52.212-5 (DEV) Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY

2020)

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

3 Documents, Exhibits, or Attachments 4 Solicitation Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Nov 2024) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

EOD Wage Determination 2015-5319

Document Number: 36C78625Q50334 PROCESSED Page 4 of 53

Section 1 - Continuation Sheet

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 See Description Below

PSC: S206

GUARD SERVICES

12.000000 MO

Description: Clin 0001-Fire & Security Monitoring (Admin & Maintenance Buildings)

Period of Performance: 09/01/2025 - 08/31/2026

Reference Line: F367313-25-2000013 - 0001

Pricing Options: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0002 See Description Below

PSC: S206

GUARD SERVICES

1.000000 JB

Description: Clin 0002-Fire & Security Annual Inspection & Testing (Admin & Maintenance Buildings)

Period of Performance: 09/01/2025 - 08/31/2026

Reference Line: F367313-25-2000013 - 0002

Pricing Options: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0003 See Description Below

PSC: S206

GUARD SERVICES

12.000000 MO

Description: Clin 0001-Fire & Security Monitoring (Admin & Maintenance Buildings)

Period of Performance: 09/01/2026 - 08/31/2027

Reference Line: F367313-25-2000013 - 1001

Pricing Options: 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0004 See Description Below

PSC: S206

GUARD SERVICES

1.000000 JB

Description: Clin 0002-Fire & Security Annual Inspection & Testing (Admin & Maintenance Buildings)

Period of Performance: 09/01/2026 - 08/31/2027

Reference Line: F367313-25-2000013 - 1002

Pricing Options: 0002

Document Number: 36C78625Q50334 PROCESSED Page 5 of 53

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0005 See Description Below

PSC: S206

GUARD SERVICES

12.000000 MO

Description: Clin 0001-Fire & Security Monitoring (Admin & Maintenance Buildings)

Period of Performance: 09/01/2027 - 08/31/2028

Reference Line: F367313-25-2000013 - 2001

Pricing Options: 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0006 See Description Below

PSC: S206

GUARD SERVICES

1.000000 JB

Description: Clin 0002-Fire & Security Annual Inspection & Testing (Admin & Maintenance Buildings)

Period of Performance: 09/01/2027 - 08/31/2028

Reference Line: F367313-25-2000013 - 2002

Pricing Options: 0002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0007 See Description Below

PSC: S206

GUARD SERVICES

12.000000 MO

Description: Clin 0001-Fire & Security Monitoring (Admin & Maintenance Buildings)

Period of Performance: 09/01/2028 - 08/31/2029

Reference Line: F367313-25-2000013 - 3001

Pricing Options: 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0008 See Description Below

PSC: S206

GUARD SERVICES

1.000000 JB

Description: Clin 0002-Fire & Security Annual Inspection & Testing (Admin & Maintenance Buildings)

Period of Performance: 09/01/2028 - 08/31/2029

Reference Line: F367313-25-2000013 - 3002

Document Number: 36C78625Q50334 PROCESSED Page 6 of 53

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0009 See Description Below

PSC: S206

GUARD SERVICES

12.000000 MO

Description: Clin 0001-Fire & Security Monitoring (Admin & Maintenance Buildings)

Period of Performance: 09/01/2029 - 08/31/2030

Reference Line: F367313-25-2000013 - 4001

Pricing Options: 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0010 See Description Below

PSC: S206

GUARD SERVICES

1.000000 JB

Description: Clin 0002-Fire & Security Annual Inspection & Testing (Admin & Maintenance Buildings)

Period of Performance: 09/01/2029 - 08/31/2030

Reference Line: F367313-25-2000013 - 4002

Document Number: 36C78625Q50334 PROCESSED Page 7 of 53

SERVICES AND SCHEDULE OF PRICES

Base Year:

CLIN

No.

Description: Quantity Unit Unit Cost Est. Total Cost

Fire & Security Monitoring (Admin &

Maintenance Buildings)

12 MO $ ________ $ ____________

Fire & Security Annual inspection &

Testing (Admin & Maintenance

Buildings)

1 JB $ ________ $ ____________

Total Estimated Cost: $ ____________

Option Year 1:

No.

Description: Quantity Unit Unit Cost Est. Total Cost

Fire & Security Monitoring (Admin &

Maintenance Buildings)

12 MO $ ________ $ ____________

Fire & Security Annual inspection &

Testing (Admin & Maintenance

Option Year 2:

No.

Description: Quantity Unit Unit Cost Est. Total Cost

Fire & Security Monitoring (Admin &

Maintenance Buildings)

12 MO $ ________ $ ____________

Fire & Security Annual inspection &

Testing (Admin & Maintenance

Document Number: 36C78625Q50334 PROCESSED Page 8 of 53

Option Year 3:

CLIN

No.

Description: Quantity Unit Unit Cost Est. Total Cost

Fire & Security Monitoring (Admin &

Maintenance Buildings)

12 MO $ ________ $ ____________

Fire & Security Annual inspection &

Testing (Admin & Maintenance

Buildings)

Option Year 4:

No.

Description: Quantity Unit Unit Cost Est. Total Cost

Fire & Security Monitoring (Admin &

Maintenance Buildings)

12 MO $ ________ $ ____________

Fire & Security Annual Inspection &

Testing (Admin & Maintenance

Buildings)

Total Cost

Base Year – date of award thru: $_______________________

Option Year 1: $_______________________

Option Year 2: $_______________________

Option Year 3: $_______________________

Option Year 4: $_______________________

Grand Total (Base + all Option Years): $_______________________

NOTE: Contract Line Items Numbers (CLINs) and Associated Price.

Offerors shall enter unit cost and total amounts for each CLIN as indicated in the schedule. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended bid price and the total of the CLINs will be recomputed accordingly.

Document Number: 36C78625Q50334 PROCESSED Page 9 of 53

Offerors shall enter the Total Cost for each year in the “Summary Totals” where indicated. Offeror shall calculate the Grand Total for all years and enter where indicated.

Offeror is to understand the quantities stated in the attachments are estimates for pricing purposes only.

Document Number: 36C78625Q50334 PROCESSED Page 10 of 53

STATEMENT OF WORK

Fire and Security Monitoring Services

SERVICES SCHEDULE: Provide all parts, materials, labor, transportation, equipment, and tools necessary to provide Fire & Security Alarm System Monitoring, including monthly reporting and annual testing at the Fort Gibson National Cemetery, 1423 Cemetery Road, Fort Gibson, OK 74434. The cemetery has two main buildings, Administration and Maintenance.

The required work consists of the following but not limited to:

Continuous monitoring (24/7) of the Fire & Security alarm system

Notify Fire or Police immediately of an alarm alert notification

Notify Cemetery Director and Foremen within 15 mins of an alarm alert notification

Conduct annual system testing, cleaning and inspection of panels, detectors, stations, and alarms

Provide monthly monitoring reports and annual inspection/test reports

Term of Contract: The contract will contain one (1) base period effective from September 1, 2025, or From Date of Award through August 31, 2026, with four (4) one-year renewable options.

CLIN 0001: The monthly monitoring cost offered must be “all-inclusive” of all materials, labor, supervision, equipment, supplies, necessary to provide Fire and Security Alarm System monitoring for the location and devices listed. There will be no additional costs or service charges. A fire and security system monitoring plan typically includes 24/7 surveillance, alarm detection and response, emergency services dispatch, and communication with building occupants and emergency contacts. The plan also outlines system components, communication protocols, and maintenance procedures.

CLIN 0002: The annual fire and security system inspection typically involves a comprehensive review of all components, including testing and inspection of detectors, pull stations, control panels, and battery systems to ensure functionality and compliance with safety standards. This includes visually checking for damage and ensuring proper operation of all fire alarm and security system elements.

Equipment & System: The government owned Fire & Security system consists of two (2) systems:

Honeywell fire control panel located in the administrative building: the system consists of ten (10) Strobe / Audible Alarms, seven (7) - Smoke Detectors, three (3) - Pull Stations, and one (1) keypads.

GE/EST iO500 fire alarm panel located in the maintenance building: the system consists of eleven

(11) - Smoke Detectors, eight (8) Strobe / Audible Alarms, three (3) - Pull Stations, and one (1) keypads.

Note: The monitoring system used by the contractor will need to be compatible with the existing equipment.

Any issues with equipment shall be reported in writing to the COR. The notification shall include problem/issue/concern, impact to system operation and monitoring. NO REPAIRS SHALL BE MADE UNDER

THIS CONTRACT TO THE SYSTEM WITHOUT CONTRACTING OFFICER APPROVAL.

Site Visit: Offerors are Urged & Expected to inspect the equipment on which preventive maintenance and services are to be performed, and to satisfy themselves regarding the overall condition of the equipment

Document Number: 36C78625Q50334 PROCESSED Page 11 of 53 that may affect the cost of contract performance. In no event shall failure to inspect the equipment constitute grounds for a claim after contract award. If you are planning to conduct an inspection of the equipment, YOU MUST CONTACT the following VA Cemetery Personnel to make visitation arrangements:

Derrick Redd, Director – Fort Gibson National Cemetery. (918) 478-2334

Guy Passman, Foreman – Fort Gibson National Cemetery (918) 478-2334

CONTRACT MANAGEMENT

REPRESENTATIVES OF THE CONTRACTING OFFICER

(a) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally supervises the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation(s) shall be furnished to the Contractor at time of award.

(b) The VA Contracting Officer will delegate one (or more) representatives to serve as the Contracting Officer’s

Representative (COR). The COR may direct and arrange the Contractor’s work schedule in specific areas of the cemetery to coordinate with daily cemetery activities and operations. Duties and responsibilities of the COR include, but are not limited to, the following:

(i) Provides contract oversight and technical guidance to the Contractor.

(ii) Acts as technical liaison between the National Cemetery and the Contractor and between the cemetery and the Contracting Officer.

(iii) Determining whether contract deliverables meet functional, technical and performance specifications.

(iv) Verification / certification of payments to the Contractor for services rendered.

(v) Assuring that any changes effecting work involved, price, terms and/or conditions under the contract are not implemented before written authorization is issued by the Contracting Officer.

(vi) The COR may not modify the intent or the terms and conditions of the contract.

(c) Contracting Officer: All administrative functions remain with the VA Contracting Officer. Any modifications to the contract, including those involving no-cost changes, increases, and decreases in cost or level of services provided, termination or extension of the contract (in part or in whole) and decisions concerning claims or disputes, must be authorized in writing by the Government Contracting Officer.

Communication & Coordination of Work with COR: Communication with the COR (or designee) is strongly encouraged. Burial activities at NCA shall take precedence over contract work activities. Work activity and noise cannot disturb Burial Services. Trucks and workmen are prohibited from passing through the service area during this period.

Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government shall provide, at the time of contract award, a list of Government personnel authorized to act as Contracting Officer's Representatives.

FEDERAL HOLIDAYS

All work under this contract will be done during normal business days and daylight hours unless otherwise required. The following is a list of Federal holidays:

Document Number: 36C78625Q50334 PROCESSED Page 12 of 53

New Year's Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day (July 4th)

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

RESPONSIBILITIES

INSURANCE, LICENSES & PERMITS

(a) The Contractor shall obtain all necessary licenses and permits necessary to perform the work involved and will take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor is responsible for any injury or damage during the performance of this contract including injury to himself/herself, his/her employees, or others.

(b) Contractor shall be liable for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employee's fault or negligence.

(c) The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the State of Oklahoma.

LIABILITY & INDEMNIFICATION

(a) The Contractor shall take all necessary precautions to prevent damage to cemetery structures and Government property. The Contractor shall be charged current replacement costs for any property damaged because of actions by Contractor personnel.

(b) It is agreed and understood that there is no limitation on the Contractor’s liability. In no event shall the Government indemnify and hold harmless the Contractor from all damages, expenses or harm incurred by the Contractor, or from all damages, expenses, or claims, which may arise from third party claims.

(c) The Department of Veterans Affairs shall indemnify and hold harmless the Contractor from and against any and all claims, demands, damages, liabilities or causes of action resulting from the negligent acts or omissions of the Department, its agents, and employees, acting within the scope of their Federal employment, arising from the performance of this contract.

MISCELLANEOUS

(a) The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance.

(b) The Contractor shall also be responsible for training and safety precautions for contractor employees performing work under these specifications. OSHA standards shall be observed by the Contractor in all work performed. Appropriate safety equipment shall be furnished by the Contractor-to-contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices.

Document Number: 36C78625Q50334 PROCESSED Page 13 of 53

(c) The C&A requirements do not apply, and a Security Accreditation Package is not required.

(End of Work Statement)

Document Number: 36C78625Q50334 PROCESSED Page 14 of 53

Evaluation Criteria for Security and Fire Monitoring

The proposal should address “All-Inclusive Pricing” in sufficient detail to demonstrate a clear understanding of the statement of work, including operating and maintaining the currently installed security and fire system.

Does the offeror’s plan demonstrate that appropriate personnel and equipment to carry out continuous monitoring requirements?

The offeror should provide evidence of sufficient planning to show the annual operational test/inspections/cleaning will be accomplished as required and schedule provided.

Document Number: 36C78625Q50334 PROCESSED Page 15 of 53

Section 2 - Contract Clauses

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):

www.acquisition.gov/browse/index/far (FAR) www.va.gov/oal/library/vaar/index.asp (VAAR) [Insert one or more Internet addresses]

(End of clause) Clause Title Fill-ins

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2023)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct

2018)

52.237-3 Continuity of Services (Jan 1991)

52.212-5 (DEV) Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

(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)).

Document Number: 36C78625Q50334 PROCESSED Page 16 of 53

(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.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

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).

X (5) 52.204-10, Reporting Executive Compensation and 3-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).

X (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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

__ (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 offeror 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.

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).

Document Number: 36C78625Q50334 PROCESSED Page 17 of 53

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (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 (Jan 2025) of 52.219-9.

X (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.

__ (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).

__ (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (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. 637(a)(17)).

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

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).

__ (33) [Reserved].

__ (34) [Reserved].

X (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.

__ (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.

__ (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).

Document Number: 36C78625Q50334 PROCESSED Page 18 of 53

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 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.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

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

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

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (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 (Jan 2025) 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).

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

Document Number: 36C78625Q50334 PROCESSED Page 19 of 53

__ (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).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.

3805).

__ (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 3 Party (May 2014) (31 U.S.C. 3332).

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

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

__ (65)(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).

__ (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).

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

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).

(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.

Document Number: 36C78625Q50334 PROCESSED Page 20 of 53

(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 (Jan 2025) (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) [Reserved].

(x) [Reserved].

(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).

Document Number: 36C78625Q50334 PROCESSED Page 21 of 53

(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 (Jan 2025) (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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 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)

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 2 months [insert the period of time within which the Contracting Officer may exercise the option].

(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 2 months [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days [60 days unless a different number of days is inserted] 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.

Document Number: 36C78625Q50334 PROCESSED Page 22 of 53

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months (months)(years).

(End of clause)

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

Funds are not presently available for performance under this contract beyond current fiscal year. 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 current fiscal year, 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)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of clause)

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of clause)

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.

Document Number: 36C78625Q50334 PROCESSED Page 23 of 53

(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) Offers are solicited only from VIP-listed SDVOSBs. Offers 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 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…