FAR Clauses Att2 Combo Syn_Solicit 12.pdf

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_205 The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services FAR 52.212-2 Evaluation-Commercial Products and Commercial Services.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

The following contract clauses apply to this acquisition:

FAR 52.219-1, Small Business Program Representations 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-17, Contractor Employee Whistleblower Rights 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements Representation 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-7, System for Award Management Registration 52.204-13, System for Award Management Maintenance 52.204-90 Offeror Identification 52.229-11, Tax on Certain Foreign Procurements Notice and Representation VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference FAR 52.209-6, Protecting the Government s Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded 52.209-10, Prohibition on Contracting With Inverted Domestic Corporations 52.209-12 Certification Regarding Tax Matters FAR 52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 _14 days_ provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _30 _ 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 __60_ months. (End of clause) 52.219-2 Equal Low Bids 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-41, Service Contract Labor Standards 52.222-42, Statement of Equivalent Rates for Federal Hires 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment 52.222-55, Minimum Wages for Contract Workers Under Executive Order 14026 52.222-62, Paid Sick Leave Under Executive Order 13706 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33, Payment by Electronic Funds Transfer System for Award Management 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.237-2, Protection of Government Buildings, Equipment, and Vegetation FAR 52.240-90, Security Prohibitions and Exclusions Representations and Certifications FAR 52.240-91, Security Prohibitions and Exclusions FAR 52.252-1, Solicitation Provisions Incorporated by Reference FAR 52.252-2, Clauses Incorporated by Reference 52.244-6, Subcontracts for Commercial Products and Commercial Services VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference 852.201-70, Contracting Officer s Representative 852.203-70, Commercial Advertising 852.219-74 VA Notice of Total Set-Aside for Verified Veteran-Owned Small Businesses

852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

As prescribed in 819.7011(b), insert the following clause:

VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

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

(ii) □ General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: __________________________________ Printed Title of Signee: __________________________ Signature: _________________________ Date: _________________________ Company Name and Address: _________________________ (End of clause)