RFQ 36C25625Q1211 CONDENSATE RETURN TANK.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Install Turn-key Condensate Return Unit with Control Panel

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25625Q1211

RESPONSE DATE/TIME/ZONE 07-22-2025 3:00PM CENTRAL TIME, CHICAGO,

USA

ARCHIVE 9 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* J045

NAICS CODE* 238220

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT*

Contracting Officer Jeneice Matthews jeneice.matthews@va.gov

PLACE OF PERFORMANCE

ADDRESS Michael E. DeBakey VA Medical Center

2002 Holcombe Blvd.

Houston TX

POSTAL CODE 77030

COUNTRY US

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov

URL DESCRIPTION Department of Veterans Affairs

AGENCY CONTACT’S EMAIL ADDRESS jeneice.matthews@va.gov

EMAIL DESCRIPTION RFQ 36C25625Q1211

DESCRIPTION

36C25625Q1211 – Install Turn-key Condensate Return Unit with Control Panel for Michael E. DeBakey VA Medical Center.

1. This is a combined synopsis/solicitation (CSS) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR Part 13.5, Simplified Acquisition Procedures for Certain Commercial Products and Commercial Services as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

2. The CSS number is 36C25625Q1211. It is issued as a Request for Quote (RFQ).

The government anticipates awarding one Firm-Fixed Price contract resulting from this solicitation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04 (effective: 06/11/2025).

4. This solicitation is issued as set aside 100% for Service-Disabled Veteran Owned Small Businesses (Total SDVOSB Set Aside).

5. The associated North American Industrial Classification System (NAICS) code for this procurement is 238220 – Plumbing, Heating, and Air-Conditioning Contractors size standard of $19,000,000.00.

6. The Department of Veterans Affairs (VA), Michael E. DeBakey VA Medical Center, 2002 Holcombe Boulevard, Houston, Texas 77030 has a requirement for Contractor to Install Turn-key Condensate Return Unit with Control Panel. This acquisition is for a Firm Fixed Price (FFP) contract.

7. A complete description of the requirement and/or applicable government need(s) are as follows: See attached 36C25625Q1211.

Contracting Office:

Department of Veteran Affairs Network Contracting Office (NCO)-16 Galleria Financial Center

Houston, TX 77056

Contract Specialist:

Jeneice Matthews POC: jeneice.matthews@va.gov

Quote in response to this RFQ are due at 3:00p.m. Central Standard Time, July 22, 2025. Quotes shall be submitted in writing and sent via email to jeneice.matthews@va.gov .

Please insert “36C25625Q1211 Quote” in the subject line of your email. OFFEROR

SHALL COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS

SOLICITATION 36C25625Q1211 TO BE DEEMED ACCEPTABLE:

a) Section B- Contract Administration Data, Contractor contact information.

b) Section E - Responses to this solicitation shall be submitted as annotated below:

• Volume 1 (Technical Volume). Volume 1 shall not contain any pricing information and shall clearly be labeled Volume 1 (Technical Volume).

• Volume 2 (Price Volume). Volume 2 shall clearly be labeled Volume 2 (Price Volume) and shall not contain any technical information that should otherwise be contained within Volume 1. Section B- Price/Cost Schedule, unit price, amount, and grand total.

• Complete and Return signed copy of Attachment B: 852.219-75 VA Notice of Limitation on Subcontracting—Certificate of Compliance for Services and Construction

• Complete and Return copy Attachment C- Relevant Experience Form

EVALUATION: The government will award a contract on the basis of Lowest Priced Technically Acceptable (LPTA). All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award, all quoters shall be certified as SDVOSB in the U.S. Small Business Administration (SBA) database to receive credit as a SDVOSB at the closing of the solicitation due date and time.

Please contact Jeneice Matthews for questions or other inquiries about this solicitation via email at jeneice.matthews@va.gov by 9:00a.m. Central Standard Time on July 21, 2025. If questions are received, an amendment to this request for quote will be posted with all questions and answers.

36C25625Q1211

Table of Contents

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) .. 10

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

C.6 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 19

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR ADMINISTRATOR: __________________________

CONTRACTOR POC NAME: __________________________

CONTRACTOR POC PHONE NUMBER: _________________________

CONTRACTOR ADDRESS: ___________________________________

EMAIL ADDRESS: ___________________________________________

UEI No. __________________________________________________ CAGE Code: ________________________________________________

GSA/FSS, NAC, SEWP Contract No (if applicable) _______________________

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center

Houston TX 77056-5643

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

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

3. INVOICES: Invoices shall be submitted in arrears:

c. Other [X]: Payment for services provided under the terms of this contract will be made upon delivery, inspection, and acceptance of all line items.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veteran Affairs Financial Service Center (FSC) e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

6. EVALUATION: The government will award a contract on the basis of Lowest Priced Technically Acceptable (LPTA). All quoters shall have a current registration in the System for Award Management (SAM) to be considered for award, all quoters shall be certified in the U.S. Small Business Administration (SBA) database to receive credit as a SDVOSB at the closing of the solicitation due date and time.

Please contact Jeneice Matthews for questions or other inquiries about this solicitation via email at jeneice.matthews@va.gov by 9:00a.m. Central Standard Time on July 21, 2025. If questions are received, an amendment to this request for quote will be posted with all questions and answers.

Please insert “36C25625Q1211 Quote” in the subject line of your email. OFFEROR SHALL

COMPLETE THE FOLLOWING LOCATED IN SECTIONS BELOW OF THIS SOLICITATION

36C25625Q1211 TO BE DEEMED ACCEPTABLE:

1. Section B- Contract Administration Data, Contractor contact information.

2. Section E - Responses to this solicitation shall be submitted as annotated below:

• Volume 1 (Technical Volume). Volume 1 shall not contain any pricing information and shall clearly be labeled Volume 1 (Technical Volume).

• Volume 2 (Price Volume). Volume 2 shall clearly be labeled Volume 2 (Price Volume) and shall not contain any technical information that should otherwise be contained within Volume 1. Section B- Price/Cost Schedule, unit price, amount, and grand total.

• Complete and Return signed copy of Attachment B: 852.219-75 VA Notice of Limitation on Subcontracting—Certificate of Compliance for Services and Construction

• Complete and Return copy Attachment C- Relevant Experience Form

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Contractor shall replace existing condensate return unit with a Fulton brand name or equal, 550 Gallon (Orientation Horizontal # Pumps 2 Pump Voltage 460V/3Ph/60Hz including control panel non-code.

Design Pressure Atmospheric Pump Discharge Pressure: 20 PSIG, flow Rate: 90 Gallons Per Minute Standard Features and Trim: - Carbon Steel Tank Shell - Pump Alternator. Connections for condensate return, vent, overflow, drain and pump discharge Pump Setup: One pump operating, one pump in backup. Contractor shall be responsible for installation of drains, associated valves, start-up, testing and commissioning.

GRAND TOTAL __________________

i. Prior to exercising any option, the Contracting Officer will ensure that it is still in the government’s best interest, with price and other factors considered.

ii. Any extension, in accordance with FAR 52.217-8 shall utilize pricing provided in the last option year to assist the Contracting Officer in conducting price analysis to determine Fair and Reasonable pricing. Thus, the offeror’s total price for the purpose of evaluation will include the option provision to extend the performance of the contract up to an additional six months, when the contractor is provided with written notice. Thus, providing separate pricing for the optional six-month extension period is not required.

B.3 STATEMENT OF WORK

1. General Information:

The Michael E. DeBakey VA Medical Center located at 2002 Holcombe Blvd. Houston, Texas 77030 is requesting Contractor to provide all labor, parts, tools, equipment, travel/transportation, management, and trained personnel for delivery and install a turn-key condensate return unit with control panel, name BRAND or EQUAL fully functional as intended by the manufacturer specifications. No foundation or site prep required. The contract shall be for a Firm-Fixed Price.

2. Non-Personal Services: The government shall neither supervise Contractor personnel nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the government assign work to, or prepare work schedules for, individual Contractor personnel. It shall be the responsibility of the Contractor to manage its personnel and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer immediately.

3. Place of Performance:

Michael E. DeBakey VA Medical Center 2002 Holcombe Blvd.

Houston, Texas 77030

4. Period of Performance: This is for a period of performance of 08/01/2025 – July 31, 2026.

5. Description of Work: The Contractor shall replace existing condensate return unit with a Fulton brand name or equal, 550 Gallon (Orientation Horizontal # Pumps 2 Pump Voltage 460V/3Ph/60Hz including control panel non-code. Design Pressure Atmospheric Pump Discharge Pressure: 20 PSIG, flow Rate: 90 Gallons Per Minute Standard Features and Trim: - Carbon Steel Tank Shell - Pump Alternator. Connections for condensate return, vent, overflow, drain and pump discharge Pump Setup: One pump operating, one pump in backup). The contractor shall be responsible for installation of drains, associated valves, start-up and testing of all components.

Full installation and tie-ins can be performed during and or after hours to minimize the required shutdown.

6. Competency of Contractor Personnel Servicing Equipment A. The Contractor shall have an established business, with an office and full-time Contractor personnel. The Contractor personnel include a "fully qualified" FSE and a "fully qualified" FSE who will serve as the backup.

B. "Fully Qualified" is based upon training and/or experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment and is Original Equipment Manufacturer (OEM) certified. For field experience, the FSE(s) has a minimum of two (2) years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered equipment listed in the “Equipment Identification” Section.

C. The FSEs shall be authorized by the OEM to perform the maintenance services. All work shall be performed by "Fully Qualified", OEM Certified competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC prior to award.

The COR may authenticate the training requirements, request locations, training certificates or credentials, and technician location from the Contractor at any time for any Contractor personnel who are servicing or installing any equipment. The CO and/or VA POC specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment if evidence is not provided when requested.

D. If subcontractor(s) are used, they must be approved by the COR; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

7. Hours of Coverage:

7.1 This work will be completed after hours or weekends. The VA Medical Center hours are from Monday through Friday, from 8:00am – 4:30pm Central Standard Time excluding Federal holidays and work will be completed after hours or weekends unless other time is arranged in advance and approved in writing by the Contracting Officer’s Representative (COR) or the Contracting Officer. The government observes Executive Orders, President’s Proclamation, and days designated by Federal Statute, see Section 7.2 and 7.3.

7.2 The government hereby provides notice, and the Contractor hereby acknowledges receipt that government personnel observe the listed days as holidays:

New Year’ Day January 01

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth Day Third Monday in June

Independence Day July 04

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

7.3 If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. government agencies, and any other day specifically declared by the President of the United States, see Section 7.2 and 7.3.

7.4 In addition to the days designated as holidays, the government observes the following days (see Section 6.2 and 6.3):

7.4.1 Any other day designated by Federal Statute.

7.4.2 Any other day designated by Executive Order.

7.4.3 Any other day designated by the President’s Proclamation

7.5 It is understood and agreed between the government and the Contractor that observance of such days by the government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than Contractor normal compensation for the time worked.

8. The following laws, regulations, policies, and procedures, including all subsequent changes or updates apply:

FAR Federal Acquisition Regulation

VAAR Veterans Administration Acquisition Regulation

Standards All applicable Federal, State, Local and Industry: Laws, Policies and Standards as applicable to the proper performance afore and hereafter described.

9. Glossary:

CO Contracting Officer

CDR Contract Deficiency Report

OEM Original Equipment Manufacturer

OSHA Occupational Safety and Health Administration

MEDVAMC Michael E. DeBakey VA Medical Center

The Joint Commission

Business Day: A business day includes the entire 24-hour period ending at midnight, and a notice required by the regulation is effective even if given outside normal business hours.

10. Safety: Safety precautions shall include, but are not limited to the following requirements:

a) Occupational Safety and Health Act (OSHA)

b) Applicable State and Local Safety Operation Procedures

c) VA Safety Practices and Policies, VAMC standard operating procedures, and any other

Federal, State, and Local regulations pertaining to the equipment listed for this contract.

d) The Joint Commission, formerly, Joint Commission Accreditation of Healthcare

Organizations (JCAHO)

11. Parking: It is the responsibility of the Contractor personnel to park at the appropriate designated parking areas. The government does not validate or make reimbursement for parking violations of the contractor personnel under any circumstance. Parking is rigidly controlled throughout the Medical Center. Contractor parking is only allowed in authorized areas. Contractor shall abide by all VA police requirements. Parking in designated Veteran patient parking areas is strictly prohibited. Parking for unloading equipment necessary to perform the work will be authorized in advance of starting the project.

12. Gray Market Prevention:

(a) No gray market or remanufactured items will be acceptable. Gray market items are OEM goods sold through unauthorized channels in direct competition with authorized distributors.

This procurement is for a service contract for the purchase of new medical products for the MEDVAMC. No remanufactures or gray market items will be acceptable.

(b) Vendor shall be the Original Equipment Manufacturer (OEM) or an approved authorized distributor for the proposed supply contract for the purchase of new medical equipment to include replacement parts (if applicable), such that the OEM’s warranty and service associated with the equipment and system is in accordance with the OEM terms and conditions.

(c) The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right to enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA’s election, allowing the

Vendor to replace, at no cost to the government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

13. Warranty and Support: The warranty and support shall cover the items in accordance with standard manufacturer warranty.

14. Information Security: The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

15. Privacy/ Security:

15.1 The Contractor will not have access to VA desktop computers, nor will they have access to online resources belonging to the government while conducting services.

15.2 The Contractor will not have electronic connectivity to the VA network. The Vendor will only have access to patient databases and PHI when physically troubleshooting.

16. Quality Assurance: The Government shall monitor the Contractor's performance under this contract.

17. Contractor Deficiency Report (CDR): When the Contractor does not achieve satisfactory performance in accordance with the contract, the COR will notify the Contracting Officer by forwarding the Contract Deficiency Report to the Contracting Officer who will issue this report to the Contractor. Within 2 days after receiving this report from the Contracting Officer, the Contractor shall provide a thorough response to the Contracting Officer for the reported discrepancies by completing the appropriate sections of this report designated to be filled by the Contractor. The Contractor shall immediately correct substantial deficiencies to the description of work in the award. The Contractor shall provide a Ready Reaction Plan to address all issues cited in the CDR. The Ready Reaction Plan shall address how to satisfactorily meet the performance in the contract, the due date when the issue will be remedied, the cause of the performance issue and a plan to prevent this issue from occurring again in the future. The Contractor shall maintain satisfactory performance standards set forth in this contract. Failure to achieve at a minimum satisfactory performance standards can lead to the issuance of Cure Notices which can lead to termination of this contract for cause.

18. Invoicing/ Billing Requirements

18.1 The Contractor shall submit requests for payment electronically to the VA’s Tungsten Network (https://www.fsc.va.gov/einvoice.asp). All invoices shall be submitted in arrears within thirty (30) days after completion of service for all authorized work performed and upon receipt of a properly prepared invoice in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

18.2 Invoices shall include, at a minimum, the following information:

a) Company Name, Address, and telephone number

b) Invoice Date and Number

c) Purchase Order (PO) number and Task Order Number (if applicable);

d) Line Item Number

e) Description, quantity, unit of measure, unit price and extended price of the items delivered;

f) Name and Title of Contact to notify in event of defective invoice

19. Changes to the Statement of Work (SOW): Any changes to the SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in the contract file along with all other products of the work. Price/cost incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

During the term of this contract, medical supplies may be added or deleted from this contract.

Any such change shall be reflected in a written modification to this contract signed by the Contractor and the Contracting Officer.

END OF SOW

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

JAN 2025

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrence.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to the award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

C.4 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(a) Definition.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the

Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October

31, for services performed under this contract during the preceding Government fiscal year (October 1-

September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous

Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

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

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

https://www.sam.gov/

C.6 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal

Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of ‘‘cost of components’’.

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United

States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy

American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

Alternate I (OCT 2022). As prescribed in 25.1101(a)(1)(ii) substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of ‘‘domestic end product’’ in paragraph (a): (A) The cost of its components mined, produced, or manufactured in the United States exceeds ___ percent of the cost of all its components. [Contracting officer to insert the percentage.]

C.7 VAAR 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.

C.8 VAAR 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.

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

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

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

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

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

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

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business

Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small

Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13

CFR 128.102).

https://veterans.certify.sba.gov/

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR

121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable).

These requirements are summarized as follows:

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

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the

SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13

CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

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

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

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

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

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

or

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

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

Small Business Certification Program and the VA Veterans First Contracting Program.

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

Causes for Debarment).

C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

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

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the

SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [X] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified

SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the

SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified

SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States

Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

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

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

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

(iii) Prosecution for violating 18 U.S.C. 1001.

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

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

Government deems appropriate.

(d) Offeror…