SolicitationCancellation.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 47

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NUMBER F36C786-24-2000056

5. PROJECT NUMBER (If applicable)

36C786CODE

National Cemetery Administration NCA Contracting Services 18434 Joplin Road Triangle, VA 22172

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

36C78624Q50378

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

08/12/2024

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment corrects the email address to submit proposals. Correct email address to submit responses: Katherine.iacovelli@va.gov.This Request for Quotation is cancelled due to lack of acceptable offers.

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

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Katherine Iacovelli

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV.

11/2016) Prescribed by GSA FAR (48 CFR) 53.243

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Table of Contents

Section Description Page Number

1 Continuation Sheet 2 - RFP and Evaluation Instructions VR Simulators Version 1.docx

2 Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.227-14 Rights in Data-General (May 2014) 52.227-19 Commercial Computer Software License (Dec 2007) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-18 Availability of Funds (Apr 1984)

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL

BUSINESS EVALUATION FACTORS-ORDERS OR BPAs (NOV 2022)

852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL

BUSINESS EVALUATION FACTOR COMMITMENTS-ORDERS AND BPAs (NOV 2022)

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

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

VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED VETERAN-OWNED SMALL

BUSINESSES (NOV 2022)

852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

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

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

852.246-71 REJECTED GOODS (OCT 2018)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024)

852.247-71 DELIVERY LOCATION (OCT 2018)

4 Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

52.201-1 Acquisition 360: Voluntary Survey (Sep 2023) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.204-7 System for Award Management (Oct 2018) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.233-2 Service of Protest (Sept 2006)

5 Other1 1 - PAST PERFORMANCE QUESTIONNAIRE New.docx

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Section 1 - Continuation Sheet

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

0001 See Description Below

PSC: 6930

OPERATION

TRAINING DEVICES

0.000000 EA

Description: NTC Equipment Simulators for Heavy Equipment Operators. Includes Equipment, installation, training, software updates and warranty.

Period of Performance: 09/20/2024 - 09/19/2025

Reference Line: F36C786-24-2000056 - 0001

Pricing Options: Base

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

1001 See Description Below

PSC: 6930

OPERATION

TRAINING DEVICES

0.000000 EA

Description: Option Year One. Warranty, technical support and software updates.

Period of Performance: 09/20/2025 - 09/19/2026

Pricing Options: 0001

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

2001 See Description Below

PSC: 6930

OPERATION

TRAINING DEVICES

0.000000 EA

Description: Option Year Two. Warranty, technical support and software updates.

Period of Performance: 09/20/2026 - 09/18/2027

Pricing Options: 0001

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

3001 See Description Below

PSC: 6930

OPERATION

TRAINING DEVICES

0.000000 EA

Description: Option Year Three. Warranty, technical support and software updates.

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

Period of Performance: 09/20/2027 - 09/19/2028

Pricing Options: 0001

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

4001 See Description Below

PSC: 6930

OPERATION

TRAINING DEVICES

0.000000 EA

Description: Option Year Four. Warranty, technical support and software updates.

Period of Performance: 09/20/2028 - 09/19/2029

Pricing Options: 0001

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Request for Proposal

GENERAL INFORMATION:

Document Type: Combined Synopsis Solicitation

Solicitation Number: 36C78624Q50378

Post Date: 8/14/2024

Original Response Date: 9/5/2024

Applicable NAICS: 333310

Classification Code: 6930

Set Aside Type: Tiered Evaluation: SDVOSB/VOSB/Small Business

Period of Performance: Base plus 4 option years, if exercised.

Issuing Contracting Office: Department of Veterans Affairs

National Cemetery Administration, Contract Services

18434 Joplin Road

Triangle, VA 22172

Place of Delivery: 3 National Cemeteries (See Statement of Work for specific addresses)

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; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Proposal solicitation number 36C78624Q50378.

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

2024-06, dated 7/31/2024.

SOLICITATION NOTICE OF TIERED EVALUATIONS:

This procurement is set-aside based on an order of priority as established in 38 USC 8127.

TIERED EVALUATIONS INCLUDING SMALL BUSINESS CONCERNS: This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a tiered evaluation for VOSB concerns, or in the alternative, a set-aside for other small business concerns. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited as an unrestricted requirement.

Any vendor claiming SDVOSB or VOSB status must be registered as such at Veteran Small

Business Certification (sba.gov) before the solicitation closes. Any offer rendered, of which

SDVOSB or VOSB status is claimed which are not registered, will be considered non-responsive and will not be accepted.

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The (NAICS) code for this procurement is 333310. The business size standard 1,000 employees.

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 an

Indefinite Delivery, Indefinite Quantity (IDIQ) Contract. IDIQ Contracts does not procure or specify a firm quantity of services (other than a minimum or maximum quantity). The awardee shall be issued via

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Task Orders (TOs) for the performance of services during the period of the contract. This IDIQ Contract is for the National Cemetery Administration. Supplies will be distributed to various National Cemeteries.

RESPONSE TO REQUEST FOR PROPOSAL: Proposals are due to the Contracting officer no later than 15:00 EST on 09/05/2024. Responses to this announcement will result in an IDIQ Contract. The

Government intends to make award without discussions. 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.

Offerors are responsible for obtaining all amendments or additional information concerning this announcement.

SOLICITATION QUESTIONS:

All questions regarding this solicitation are to be submitted to the Contracting Officer, via email, no later than close of business, 8/29/2024. Questions pertaining to this announcement shall be sent by email to:

Paul.Zagaruyka@va.gov with a copy to Katherine.Iacovelli@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 Offeror, the proposal will be considered Non-

Responsive.

INSTRUCTIONS TO OFFERORS:

Interested Offerors MUST be registered with the System of Award Management (SAM) at http://www.sam.gov and must compete the Online Representations and Certifications

Application (ORCA) at http://www.sam.gov prior to the solicitation closing date. Failure to comply will result in the offeror being considered non-Responsive.

All offers are to be submitted to the Contracting Officer, via email at

Kathereine.Iacovelli@va.gov, with a copy to Paul.Zagaruyka@va.gov no later than 15:00 on 9/5//2024.

PROPOSAL PREPARATON INSTRUCTIONS: Offerors shall submit pricing and marketing information as detailed below:

Company Information:

The following information shall be included:

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

Complete Company Address (No P.O. Boxes)

SAM Unique Entity ID

Company Point of Contact Name and Title

Point of Contact Telephone Number

Point of Contact Email Address

One (1) Signed Copy of all Solicitation Amendments

One (1) copy of Completed FAR Provisions 52.212-3 “Certifications and Representations” or indicate whether contractor has completed the annual representation and certifications electronically at www.sam.gov (copy of current SAM status)

Marketing information, brochures, not only links to a website.

SUMMARY INTRODUCTION

The National Cemetery Administration (NCA) National Training Center (NTC) is building a comprehensive Heavy Equipment Operator (HEO) Training program. This program will be enhanced

Document Number: 36C78624Q50378 CANCELLED Page 7 of 47 through the acquisition of Virtual Reality (VR) Simulators. These simulators will be initially used across three regional training sites to conduct multiple HEO training courses annually, thereby reducing the backlog of NCA equipment operators.

The Simulators will be portable so that the training sites can be moved as needed. This contract will significantly enhance the NCA’s HEO training capabilities, ensuring compliance with OSHA requirements, reducing safety violations, and fostering a proficient workforce. NCA has various types of heavy equipment, including articulated dump trucks, backhoes, mini-excavators, and compact track loaders (skid steer).

NCA is soliciting for a Base + 4 Option Year contract with delivery, installation, and testing of all equipment with user training in the Base Year and updates, maintenance and extended warranties if available in the Option Years.

Statement Of Work:

The scope includes the provision of 12 VR training simulators, 3 instructor units, necessary software, installation, and testing, user training, technical support services and warranty to facilitate comprehensive

HEO training at three designated regional training sites. Delivery is included.

Riverside National Cemetery, 22495 Van Buren Boulevard, Riverside, CA 92518, Abraham Lincoln National Cemetery, 20953 West Hoff Road, Elwood, IL 60421 and

Calverton National Cemetery, 210 Princeton Boulevard, Calverton, NY 11933-1031.

Simulators must be desktop/laptop units without VR goggles and replicate at a minimum:

articulated dump trucks, backhoes, mini-excavators, and compact track loaders or skid steers

Accessories should include:

monitor, steering wheel, foot pedals, gear shifts, hand controls and any other control needed to realistically duplicate the controls of the previously mentioned heavy equipment.

Accessories should be easily detachable to allow simulator to realistically duplicate number of pedals and type of maneuvering and implement use in various types of heavy equipment.

The instructor units should enable the instructor to monitor the progress at each station. The simulators should have the ability to change weather, traction, obstacles, and other commonly changing real-life elements. The simulators must be compatible with various brands of equipment (Case, Caterpillar, Komatsu, New Holland, Kubota, Bobcat, JCB, Dosan, Volvo, Liebherr, Sandvik, John Deere, Kubota, Coyote, and Wacker Neuson).

Simulations shall promote safety and compliance with OSHA regulations.

Software will have the ability to test participants skills in real time based on industry standard metrics including cycle times, accuracy, incident/near miss tracking, safety infractions, task completion, scenario-based performance, and environmental/situational awareness. Data that is captured will be used to provide detailed performance reports (e.g., score, where and when mistakes happened, etc.), technical

Document Number: 36C78624Q50378 CANCELLED Page 8 of 47 reports (equipment operation) and soft skills reports (e.g., decision making, safety awareness). A built-in scoring system will automatically track and evaluate performance metrics such as accuracy, efficiency, and adherence to safety protocols, and will yield consistent results across different participants and over repeated trials, with the ability for both progressive learning (basic skills advancing to more complex skills) and self-guided learning (progress at own pace with opportunities for self-assessment and reflection).

Physical or digital user manuals are required.

Transport cases shall be included. Units shall be portable to enable training at multiple National

Cemeteries.

Initial on-site in-person training of user instructors at installation sites will be scheduled in agreement with each site. Training is to be performed during the first month after delivery or as scheduled by the sites. Training dates will be staggered.

Further training at no cost to the Government for major updates and upgrades if NCA requires it. These trainings shall be through live web-based seminars and offered a maximum-twice each to account for differing time zones or once each if Government can accommodate. Upgrades shall be provided to keep equipment relevant, effective, and compliant with Federal standards.

A user help desk is required Monday-Friday, from 9 AM to 6 PM EST.

All data generated is the property of the National Cemetery Administration.

Contractor’s Technical Proposal:

The following shall be included as part of the Offeror’s technical submission:

Equipment specifications and capabilities.

Detailed warranty information, estimated number and type software updates.

List of coverages provided by the annual maintenance fee.

Estimated length of serviceable usage of the items and accessories composing of the training units especially those subject to physical use, i.e. foot pedals joysticks, etc.

Documentation showcasing their capabilities and experience in providing the specified service/equipment in field settings which include narrow spaces, foliage, steep grades, weather related issues, and

Screen shots of the real time data collected and the performance metrics of the software/equipment.

Documentation showing trainers have the ability to demonstrate the use of the system to multi-level users, answer questions knowledgably and trouble shoot issues that arise during the hands-on trainings.

Documentation showing the help desk personnel have the qualifications and knowledge to quickly provide correct answers, troubleshooting and technical assistance when contacted.

Past Performance Information

Interested Offerors shall list any government contracts involving Heavy Equipment Virtual Reality

Simulators using the Past Performance Questionnaire included in this Request for Proposal. No more than

4 references in the past three years.

Pricing

Proposed pricing shall be submitted on the Price Schedule. Proposed price should be best and final and all-inclusive of items, labor, training, shipping, travel, training, warranties, upgrades and updates, and all other requirements in this document. Due to the size of this order and potential for four Option Years, volume discounting should be considered.

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EVALUATION PROCESS:

Overview

The Government intends to award an Indefinite Delivery/Indefinite Quantity (IDIQ) contract resulting from this Solicitation to the responsible Offeror whose Offer/Proposal provides the best benefit to the

Government, price and other factors considered. Proposals/Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole.

Proposals/Offerors will be evaluated by performing a direct comparison of one Proposal/Offer with another in a uniform manner to determine which Proposal/Offer provides the government with its needs, as identified in the Request for Proposal. The government reserves the right to consider a response that

Proposal or Offers more than the minimum and select that response if it provides a benefit to the

Government.

The proposal will first be evaluated for the vendor’s response to the above requirements to determine if it contains the required information. Any proposals missing the required information listed in Company

Information above, the Past Performance Questionnaires and the Price Schedule filled out and not manipulated will be removed from further considerations as technically non-responsive.

Next the proposal and marketing materials will be reviewed for compliance with NCA’s requirements as listed in the Summary Introduction, Statement of Work and Contractor’s Technical Proposal Sections.

The submission will be reviewed and compared on how it demonstrates a sound, thorough and viable technical approach, demonstrates subject matter expertise and an understanding of the requirement.

Price:

A fair and reasonable price determination will be made through any combination of the following methods per FAR 15.404.

1. Comparison of proposed prices received in response to the solicitation.

2. Comparison of proposed prices with independent Government cost estimates.

The government has the discretion to accept other than the lowest priced Proposal/Offer that provides additional benefits. The government also has the discretion to make an award based on whether the lowest priced of the Proposal/Offer having the highest past performance rating possible represents the best benefit to the government.

TIERED EVALUATION INFORMATION

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127. This solicitation is being issued as tiered evaluation that includes the following tiers: (1) SDVOSB concerns,

(2) VOSB concerns, (3) small business (SB) concerns, with HUBZone small business concerns and 8(a) participants having priority and (4) large business (LB) concerns. If award cannot be made in any of these tiers, the solicitation will be canceled and the requirement re-solicited. Adequate competition exists if; (1) proposals are received from at least one responsible offeror if SDVOSB or VOSB or two if SB; (2) each of whom can satisfy the contract's requirements.

independently; (3) both contend for a contract which will be won by the offeror whose proposal meets or exceeds technical requirement and; (4) price is reasonable.

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If adequate competition is met as described in above and a proposal also meets the standards for the factors, the award procedure will be initiated. If adequate competition is not met, or prices are not reasonable, competition will proceed at the next tier.

The process through the tiers will be executed as needed in the manner below:

a. Offers submitted by eligible SDVOSB concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the SDVOSB tier. If an award can be made within this tier, offers from the remaining tiers will not be considered for award. If no offers are submitted by eligible SDVOSB concerns, or if none of the offers will result in award at a fair and reasonable price, the evaluation will proceed to the next tier for VOSB concerns.

b. Offers submitted by eligible VOSB concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the VOSB tier. If an award can be made within this tier, offers from the remaining tiers will not be considered for award. If no offers are submitted by eligible

VOSB concerns, or if none of the offers will result in award at a fair and reasonable price, the evaluation will proceed to the next tier for small business concerns.

c. Offers submitted by eligible small business concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the small business tier. Within this tier, HUBZone small business concerns WOSB and 8(a) participants will have priority overall other small business concerns. Among the HUBZone small business concerns, WOSB and 8(a)participants, there is no order of precedence. If no offers are submitted by eligible SB concerns, or if none of the offers will result in award at a fair and reasonable price, the evaluation will proceed to the next tier for large business concerns.

d. Offers submitted by eligible LB concerns will be evaluated in accordance with the solicitation and the

CO will determine if an award can be made within the LB tier. If no offers are submitted by LB concerns, or if none of the offers will result in award at a fair and reasonable price, the solicitation will be canceled.

e. If only one proposal is received and evaluated in a tier, award can be made to the sole offeror if the proposal meets or exceeds the requirements of the solicitation, the proposed price is determined fair and reasonable, and the offeror is otherwise eligible for award.

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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

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

Services (Nov 2023)

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

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.227-14 Rights in Data-General (May 2014)

52.227-19 Commercial Computer Software License (Dec 2007)

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 5 days [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 5 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.

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

(End of clause)

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of clause)

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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)

852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS-ORDERS OR BPAs (NOV 2022)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s VIP-verified service-disabled veteran-owned small business/ veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of VIP-listed SDVOSB/VOSB as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as an eligible SDVOSB/VOSB in the Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/.

(c) A VIP-listed SDVOSB schedule holder will receive full credit, and a VIP-listed VOSB schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use VIP-listed SDVOSBs/VOSBs as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the VIP-listed SDVOSB(s)/VOSB(s) with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/subcontractor’s VIP database registration and verification.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause)

852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS-ORDERS AND BPAs (NOV 2022)

(a) The Contractor agrees, if selected on the basis of service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status, to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis of teaming/ subcontracting in accordance with 852.208-70, Service- Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors-Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more VIP-verified SDVOSB/VOSB for work of the same or similar value.

(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of clause)

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

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The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) # 0001 [Contracting Officer insert CLIN information]. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(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.

(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.

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(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 more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.]

X By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

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(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

(End of clause)

852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

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

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more Veteran(s);

(ii) The management and daily business operations of which are controlled by one or more Veteran(s);

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 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 requirement therein that applies to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to also apply to a VA verified and VIP-listed VOSB, unless otherwise stated in this clause.

(vi) The term VOSB includes VIP-listed service-disabled veteran-owned small businesses (SDVOSB).

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(3) The term "small business concern" has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term "small business concern owned and controlled by Veterans" has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a) (1)(iv) of this clause).

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

(2) Any award resulting from this solicitation shall be made only to a VIP-listed VOSB who is eligible at the time of submission of offer(s) and at time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as a VOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed VOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible VOSB 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, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, any 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 VOSB. For the purpose of the limitations on subcontracting, only VIP-listed VOSB, (including independent contractors) is 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

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These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed VOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the VOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed VOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the VOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the VOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed VOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed VOSBs.

(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed VOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. A VOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.]

X By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as a VOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to also apply to a VIP-listed VOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s VOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2, Causes for Debarment).

(End of clause)

852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (NOV 2022)

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(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: [Offeror check the appropriate box]

(i) __ In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it 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.