RFQ - 36C25723Q0307.pdf
PDF 465 KB Posted
- Attached to
- Door Maintenance Federal contract opportunity
- Solicitation number
- 36C25723Q0307
About this file
This request for quote (RFQ) solicits offers for door maintenance services for four Department of Veterans Affairs facilities in Texas. The services include preventative maintenance, inspections, emergency repairs, and on-call support for doors. The base period of performance is March 1, 2023 through February 29, 2024 with four optional one-year extensions. This requirement is set aside for service-disabled veteran-owned small businesses. Offerors must submit pricing by line item and provide capability statements, past performance information, and certifications in their responses. Offers are due by February 14, 2023 and will be evaluated using a best value determination considering technical capability, past performance, and price.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Amendment 0002.pdf | ||
| Amendment 0001.pdf | ||
| Attachment A - Wage Determination.pdf | ||
| Attachment B - Door Schedules.pdf |
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
549-23-1-5096-0018
36C25723Q0307 01-27-2023
Maria Orosco-Hofmann 210-694-6375 02-14-2023
14:00 CST
36C257
Department Of Veterans Affairs
Network Contracting Office 17
5441 Babcock Road Ste. 302
San Antonio TX 78240
X 100
X
811310
$11 Million
N/A
X
36C549
North Texas Veterans Health Care System
Dallas VA Medical Center
Attn: Engineering
4500 S. Lancaster Blvd
Dallas, TX 75216-7167
36C257
Department Of Veterans Affairs
Network Contracting Office 17
This is accomplished through the
Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp
This is mandatory and the sole method for submitting invoices.
(877) 353-9791 (512) 460-5540
See CONTINUATION Page
This requirement is being procured as a 100% set-aside for
SDVOSB. See enclosed schedule of services and price.
Submit all questions to maria.hofmann@va.gov by 02/07/2023 @ 2:00 PM.
Submit all offers to maria.hofmann@va.gov by 02/14/2022 @ 2:00 PM.
See CONTINUATION Page
X X
X 1
36C25723Q0307
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
B.4 STATEMENT OF WORK
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 23
C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND
COMPLIANCE (JUL 2018)
C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)
(DEVIATION)
C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 27
SECTION D – ATTACHMENT
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.2 52.212-1 ADDENDUM INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
E.3 BASIS OF AWARD
E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)
(DEVIATION)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT:
Contracting Officer 36C257
Department Of Veterans Affairs
Network Contracting Office 17
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, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Monthly
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.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
12 MO __________________ __________________
Door Control Maintenance Services - Sam Rayburn Memorial
Healthcare System 1201E. 9th Street Bonham, TX 75454
Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024
Door Control Maintenance Service - NTVHCS/Dallas VA Medical
Center 4500 S. Lancaster Rd. Dallas, TX 75216 Contract Period: Base
Door Control Maintenance Services - Garland VA Medical Center
2300 Marie Curie Blvd. Garland, TX 75052
Contract Period: Base
Door Control Maintenance Services - Grand Prairie 2737 Sherman
Grand Prairie, TX 75051 Contract Period: Base
Healthcare System 1201E. 9th Street Bonham, TX 75454
Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025
12.00 MO __________________ __________________
Center 4500 S. Lancaster Rd. Dallas, TX 75216 Contract Period: Option 1
Door Control Maintenance Services - Garland VA Medical Center 2300 Marie Curie Blvd. Garland, TX 75052
Contract Period: Option 1
Grand Prairie, TX 75051 Contract Period: Option 1
Healthcare System 1201E. 9th Street Bonham, TX 75454
Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026
Center 4500 S. Lancaster Rd. Dallas, TX 75216 Contract Period: Option 2
2300 Marie Curie Blvd. Garland, TX 75052
Contract Period: Option 2
Grand Prairie, TX 75051 Contract Period: Option 2
Healthcare System 1201E. 9th Street Bonham, TX 75454
Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027
Door Control Maintenance Service - NTVHCS/Dallas VA Medical Center 4500 S. Lancaster Rd. Dallas, TX 75216 Contract Period: Option 3
2300 Marie Curie Blvd. Garland, TX 75052
Contract Period: Option 3
Grand Prairie, TX 75051 Contract Period: Option 3
Healthcare System 1201E. 9th Street Bonham, TX 75454
Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028
Center 4500 S. Lancaster Rd. Dallas, TX 75216 Contract Period: Option 4
2300 Marie Curie Blvd. Garland, TX 75052
Contract Period: Option 4
Grand Prairie, TX 75051 Contract Period: Option 4
GRAND TOTAL __________________
B.3 DELIVERY SCHEDULE
ITEM NUMBER QUANTITY
DELIVERY
DATE
0001 SHIP TO: Sam Rayburn Memorial Veterans Center 1201 E. 9th St.
Attn: Engineering/Doug Person Bonham, TX 75418
USA
12 03/01/2023 - 02/29/2024
MARK
FOR:
Doug Person 903-583-6619 Doug.Person@va.gov
0002 SHIP TO: NTVHCS/Dallas VA Medical Center 4500 S. Lancaster Rd Attn: Engineering /Jerry Reese Dallas, TX 75216 7167
USA
12 03/01/2023 - 02/29/2024
MARK
FOR:
Jerry Reese 214-857-1024 Jerry.Reese@va.gov
0003 SHIP TO: Garland VAMC 2300 Marie Curie Blvd Attn: Engineering /Jerry Reese Garland, TX 75042
USA
12 03/01/2023 - 02/29/2024
MARK
FOR:
Jerry Reese 214-857-4997
0004 SHIP TO: Grand Prairie VA Clinic Attn: Engineering/Jerry Reese 2737 Sherman St Grand Prairie, TX 75051
USA
12 03/01/2023 - 02/29/2024
MARK
FOR:
Jerry Reese
1001 SHIP TO: Sam Rayburn Memorial Veterans
1201 E. 9th St.
Attn: Engineering/Doug Person Bonham, TX 75418
USA
12 03/01/2024 - 02/29/2025
MARK
FOR:
Doug Person
1002 SHIP TO: NTVHCS/Dallas VA Medical
4500 S. Lancaster Rd Attn: Engineering /Jerry Reese Dallas, TX 75216 7167
USA
12 03/01/2024 - 02/28/2025
MARK
FOR:
Jerry Reese
1003 SHIP TO: Garland VAMC
Attn: Engineering /Jerry Reese Garland, TX 75042
USA
12 03/01/2024 - 02/29/2025
MARK
FOR:
Jerry Reese
1004 SHIP TO: Grand Prairie VA Clinic
2737 Sherman St Grand Prairie, TX 75051
USA
12 03/01/2024 - 02/28/2025
MARK
FOR:
Jerry Reese
2001 SHIP TO: Sam Rayburn Memorial Veterans
1201 E. 9th St.
Attn: Engineering/Doug Person Bonham, TX 75418
USA
12 03/01/2025 - 02/29/2026
MARK
FOR:
Doug Person
2002 SHIP TO: NTVHCS/Dallas VA Medical
4500 S. Lancaster Rd Attn: Engineering /Jerry Reese Dallas, TX 75216 7167
USA
12 03/01/2025 - 02/28/2026
MARK
FOR:
Jerry Reese
2003 SHIP TO: Garland VAMC 2300 Marie Curie Blvd Attn: Engineering /Jerry Reese Garland, TX 75042
USA
12 03/01/2025 - 02/28/2026
MARK
FOR:
Jerry Reese
2004 SHIP TO: Grand Prairie VA Clinic
2737 Sherman St Grand Prairie, TX 75051
USA
12 03/01/2025 - 02/28/2026
MARK
FOR:
Jerry Reese
3001 SHIP TO: Sam Rayburn Memorial Veterans
1201 E. 9th St.
Attn: Engineering/Doug Person Bonham, TX 75418
USA
12 03/01/2026 - 02/29/2027
MARK
FOR:
Doug Person
3002 SHIP TO: NTVHCS/Dallas VA Medical
4500 S. Lancaster Rd Attn: Engineering /Jerry Reese Dallas, TX 75216 7167
USA
12 03/01/2026 - 02/28/2027
MARK
FOR:
Jerry Reese
3003 SHIP TO: Garland VAMC
Attn: Engineering /Jerry Reese Garland, TX 75042
USA
12 03/01/2026 - 02/28/2027
MARK
FOR:
Jerry Reese
3004 SHIP TO: Grand Prairie VA Clinic
2737 Sherman St Grand Prairie, TX 75051
USA
12 03/01/2026 - 02/28/2027
MARK
FOR:
Jerry Reese
4001 SHIP TO: Sam Rayburn Memorial Veterans
1201 E. 9th St.
Attn: Engineering/Doug Person Bonham, TX 75418
USA
12 03/01/2027 - 02/29/2028
MARK
FOR:
Doug Person
4002 SHIP TO: NTVHCS/Dallas VA Medical
4500 S. Lancaster Rd Attn: Engineering /Jerry Reese Dallas, TX 75216 7167
USA
12 03/01/2028 - 02/29/2029
MARK
FOR:
Jerry Reese
4003 SHIP TO: Garland VAMC
Attn: Engineering /Jerry Reese Garland, TX 75042
USA
12 03/01/2027 - 02/29/2028
MARK
FOR:
Jerry Reese
4004 SHIP TO: Grand Prairie VA Clinic
2737 Sherman St Grand Prairie, TX 75051
USA
12 03/01/2027 - 02/29/2028
MARK
FOR:
Jerry Reese
B.4 STATEMENT OF WORK
STATEMENT OF WORK: Door Maintenance
1. Title
Provide preventive maintenance and emergency repair service at the VA North Texas
Facilities. VAMC Dallas, TX, 4500 S Lancaster Rd, Dallas, TX 75216 on the doors listed on attachment. Sam Rayburn Memorial VA Center, 1201 E 9th St, Bonham, TX 75418.
2. Scope of Work Schedule Maintenance & Inspection: Contractor shall maintain and inspect all equipment listed in the "List of Doors & Locations: section of this solicitation, on a monthly basis, in accordance with the manufactures' recommendation. Prevention maintenance (PM) inspections shall be accomplished each month. Service shall include but not be limited to door calibration and adjustment, tightening of door hardware, lubrication, compressor check, air line check, and electrical line check. Contractor shall check all doors for broken class, glass guards, frame pivots, hinges, locks, and operational defects and make repairs as necessary.
Maintenance Procedures Dallas - Contractor shall provide to Engineering Service a written and detailed description of procedures performed on each door to Jerry Reese, Contracting Officer’s Representative (COR).
Bonham - The Contractor shall provide daily on-site updates of repairs to Doug Persons, COR.
Scheduling Arrangements Normal work shall be performed Monday through Friday, 7:30 a.m. to 4:00 p.m.
excluding Federal Holidays. Any work performed after hours shall be approved and schedule by COR as required.
Federal Holidays: National holidays observed by the Federal Government are:
New Year’s Day January 1
Martin Luther King Day Third Monday in January
Presidents’ Day Third Monday in February
Memorial Day Last Monday in May
Juneteenth Freedom Day June 19
Independence July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25
Dallas Before leaving the work site, the contractor shall have the repair form signed by the designated Engineering Service representative. All contractors are required to sign in.
Bonham The contractor shall notify the COR Doug Person, prior to beginning work. The contractor shall coordinate work with the COR NLT 3 days before beginning the work.
Other contractors may be working in the same area performing other work. The contractor shall execute work in a manner so as not to impede other contract work. All contractors are required to sign in.
Garland The contractor shall notify the COR Jerry Reese prior to beginning work. The contractor shall coordinate work with the COR NLT 3 days before beginning the work. The contractor shall execute work in a manner so as not to impede other contract work. All contractors are required to sign in.
Grand Prairie The contractor shall notify the COR Doug Person prior to beginning work. The contractor shall coordinate work with the COR NLT 3 days before beginning the work. The contractor shall execute work in a manner so as not to impede other contract work. All contractors are required to sign in.
Emergency Repair Service Contractor shall provide unlimited emergency and call back repair service for all doors listed in the "List of Doors” of this solicitation. Contractor shall provide availability of emergency repair service 24 hours a day seven days a week; Contractor shall initiate emergency repair service procedures upon discovery of door defect. Contractor shall acknowledge receipt of VA initiate emergency repair service calls within two (2) hours of having received the initial call and shall provide "Fully Qualified" service technician on site within four (4) hours of having received the initial emergency service call.
3. Background This maintenance contract is needed to maintain the automatic doors in proper and safe operating condition throughout the VANTHCS.
4. Performance Period
Period of coverage is 1 March 2023 through 28 February January 2028 plus four (4) option years.
Information Systems Officer, Information Protection
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.
The COR and the Contractor will assure that
A. No other information except what is in this contract will be shared with the contractor in any follow up communication.
B. None of the information in this contract includes Protected Health Information (PHI) or Individually Identifiable Information (III).
Privacy Officer
The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA.
Records Management
1. Citations to pertinent laws, codes and regulations such as 4 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR
Part 1222 and Part 1228.
2. Contractor shall treat all deliverables under the contract as the property of the U.S.
Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in public interest.
3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.
4. Contractor shall not retain, use, sell or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract or identified in the
RCS10-1.
6. The Government Agency owns the rights to all data/records produced as part of this contract.
7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation crated as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with safeguarding of records covered by the Privacy
Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [drat, final, etc.].
9. No disposition of documents will be allowed without the prior written consent of the
Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
10. Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by
Government and Agency guidance for protecting sensitive and proprietary information.
SECTION C - CONTRACT CLAUSES
C.1 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):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
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 2021
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
NOV 2021
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
APR 1984
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)
(DEVIATION)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with
Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards
(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved]
[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15
U.S.C. 657a).
[] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and
(3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2021) of 52.219–9.
[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (19) 52.219–14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[X] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(SEP 2021) (15 U.S.C. 657f).
[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2021)
(15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).
[] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15
U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15
U.S.C. 644(r)).
[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)
(DEVIATION) (E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-
Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)
(E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.
8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(JUN 2020) (E.O. 13513).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48) 52.225-1, Buy American—Supplies (NOV 2021) (41 U.S.C. chapter 83).
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020)
(DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.
[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United
States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
[] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services
(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management
(Oct 2018) (31 U.S.C. 3332).
[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
[X] (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC
2013) (DEVIATION AUG 2020) (31 U.S.C. 3903 and 10 U.S.C 2307).
[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
Employee Class Monetary Wage-Fringe Benefits 23370 $19.91
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price
Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY
2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.
115–91).
(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR
19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY
2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United
States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)
(46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of
FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting
Officer are incorporated by reference.
[X] 852.203–70, Commercial Advertising.
[] 852.209–70, Organizational Conflicts of Interest.
[] 852.211–70, Equipment Operation and Maintenance Manuals.
[] 852.214–71, Restrictions on Alternate Item(s).
[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]
[] 852.214–73, Alternate Packaging and Packing.
[] 852.214–74, Marking of Bid Samples.
[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business
Evaluation Factors.
[] 852.215–71, Evaluation Factor Commitments.
[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.
[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price
Index.
[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.
[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.
[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.
[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.
[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-
Aside.
[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.
[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.
[] 852.228–70, Bond Premium Adjustment.
[] 852.228–71, Indemnification and Insurance.
[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small
Businesses in Obtaining Bonds.
[X] 852.232–72, Electronic Submission of Payment Requests.
[] 852.233–70, Protest Content/Alternative Dispute Resolution.
[] 852.233–71, Alternate Protest Procedure.
[] 852.237–70, Indemnification and Medical Liability Insurance.
[] 852.246–71, Rejected Goods.
[] 852.246–72, Frozen Processed Foods.
[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.
[] 852.270–1, Representatives of Contracting Officers.
[] 852.271–72, Time Spent by Counselee in Counseling Process.
[] 852.271–73, Use and Publication of Counseling Results.
[] 852.271–74, Inspection.
[] 852.271–75, Extension of Contract Period.
[] 852.273–70, Late Offers.
[] 852.273–71, Alternative Negotiation Techniques.
[] 852.273–72, Alternative Evaluation.
[] 852.273–73, Evaluation—Health-Care Resources.
[] 852.273–74, Award without Exchanges.
(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:
[] 852.237–74, Nondiscrimination in Service Delivery.
(End of Clause)
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—
MONITORING AND COMPLIANCE (JUL 2018)
(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-
Owned Small Business Set-Aside.
(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.
(c) All support contractors conducting this review on behalf of VA will be required to sign an
“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.
(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
C.7 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON
SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND
CONSTRUCTION (SEP 2021) (DEVIATION)
(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:
(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in
852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification:
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee:________________________________________
Printed Title of Signee:_________________________________________
Signature:___________________________________________________
Date:_____________________
Company Name and Address:________________________________________
(End of Clause)
C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT
2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer
(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.
Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
SECTION D – ATTACHMENT
See attached document: Attachment A - Schedule of Doors
See attached document: Attachment B - Wage Determination
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
FAR
Number
Title Date
52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
AUG 2020
E.2 52.212-1 ADDENDUM INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
SITE VISIT:
02/02/2023 8:00 AM Bonham 1201 E 9th Street, Bonham, TX 75418
POC: Doug Person (903) 583-6619 Doug.Person@va.gov
02/03/2023 8:00 AM Dallas 4500 South Lancaster Road, Dallas, TX 75216
POC: Jerry Reese (214) 857-4997 Jerry.Reese@va.gov
02/02/2023 8:00 AM Garland 2300 Marie Curie Blvd., Garland TX 75042
02/03/2023 10:00 AM Grand Prairie 2737 Sherman, Grand Prairie, TX 75051
TECHNICAL QUESTIONS: Technical questions shall be accepted by the Government in writing via email only no later than 2:00 PM Central Standard Time (CST), February 7, 2023.
Please list “Technical Questions – 36C25723Q0307 – Door Maintenance Service” in the mailto:Doug.Person@va.gov mailto:Jerry.Reese@va.gov…
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