RFQ 36C25725Q0451.pdf

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

36C25725Q0451 05-06-2025

Marcellus Jackson 210-986-3354 05-21-2025

13:00 CDT

36C257

Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

X 100

X

561790

$9 Million

N/A

X

36C671

Department of Veterans Affairs

South Texas VA Healthcare System

Audie L. Murphy Campus

7400 Merton Minter Blvd

San Antonio TX 78229-4401

36C257

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

Kitchen Hood and Duct Cleaning Services for Audie L. Murphy

Campus (ALMC) and Kerrville Campus.

Refer to Instruction to Offerors and Evaluation Factors on pages 33 - 37 for additional details.

Acquisition is being conducted IAW FAR 12 and FAR 13.

See CONTINUATION Page

X X

X 1

36C25725Q0451

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

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 (FEB 2025)

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)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

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

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) . 26

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)29

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

E.6 ADDENDUM to 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

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 [X]

b. Semi-Annually []

c. Other []

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.

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

http://www.fsc.va.gov/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 QTR __________________ __________________

CONTRACTOR SHALL PROVIDE QUARTERLY KITCHEN EXHAUST

HOOD AND DUCT CLEANING SERVICE FOR STVHCS (ALMC and Kerrville Campus) Contract Period: Base POP Begin: 05-28-2025 POP End: 05-27-2026

LOCAL STOCK NUMBER: 0001

HOOD AND DUCT CLEANING SERVICE FOR STVHCS (ALMC and Kerrville Campus) Contract Period: Option 1 POP Begin: 05-28-2026 POP End: 05-27-2027

HOOD AND DUCT CLEANING SERVICE FOR STVHCS (ALMC and Kerrville Campus) Contract Period: Option 2 POP Begin: 05-28-2027 POP End: 05-27-2028

HOOD AND DUCT CLEANING SERVICE FOR STVHCS (ALMC and Kerrville Campus) Contract Period: Option 3 POP Begin: 05-28-2028 POP End: 05-27-2029

HOOD AND DUCT CLEANING SERVICE FOR STVHCS (ALMC and Kerrville Campus) Contract Period: Option 4 POP Begin: 05-28-2029 POP End: 05-27-2030

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 -

SHIP TO:

Audie L. Murphy Campus 7400 Merton Minter Blvd San Antonio, TX 78229

USA

ALL 5/28/2025 –

5/27/2030

Kerrville Campus 3600 Memorial Blvd Kerrville, TX 78028

USA

MARK FOR: TBD

FOB: DESTINATION

B.4 STATEMENT OF WORK

Kitchen Hood & Duct Cleaning at South TX Veterans Health Care System (STVHCS)

1. General. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

2. Description of Services / Introduction. The contractor shall furnish all equipment, tools, supplies, expertise, materials, and other items necessary to perform cleaning kitchen exhaust hoods, ducts, blowers and filter in various locations throughout STVHCS. Certified, qualified, trained, and efficient personnel skilled in the trade must perform in the best and most workmanlike manner and in compliance with the contract and industry standards. Contractors must be certified. Certification must come from an industry standardized organization such as

IKECA (International Kitchen Exhaust Cleaning Association) or comparable. Contractor shall be responsible for providing proof of certification for Certified Exhaust Cleaning Specialists on an annual basis or as directed by their certifying industry standardized organization. Contractor shall provide a photocopy of certification to the Contracting Officer (CO) and the VA POC within 10 days of certification renewal. During performance of work, at least one certified technician must remain on-site at all times. CONTRACTOR SHALL ENSURE COMPLIANCE

WITH ALL STATE, FEDERAL AND LOCAL REGULATIONS AND LAWS. EMPLOYEES

PROPOSED TO PERFORM WORK UNDER THE CONTRACT SHALL MEET ALL STATE,

FEDERAL AND LOCAL REGULATIONS AND LAWS INCLUDING BUT NOT LIMITED

TO LICENSING, EDUCATION AND QUALIFICATION REQUIREMENTS FOR THE TYPE

OF SERVICES TO BE PERFORMED.

a. The successful contractor shall conduct hood, duct, blower, and filter cleaning service for the following locations at Audie L. Murphy Campus (ALMC) IAW National Fire

Protection Association (NFPA) 96, Standard for Ventilation Control and Fire

Protection of Commercial Cooking Operations, Chapter 11.6.

1) N&FS Main Kitchen

2) Patriot Canteen

3) Penthouse

4) Service is to be provided quarterly with first service conducted NLT May

2025 IAW NFPA 96, 11.6

b. The successful contractor shall conduct hood, duct, blower, and filter cleaning service for the following locations at Kerrville Campus (KC).

1) Main Kitchen

2) Canteen

3) Penthouse

4) Service is to be provided quarterly with first service conducted NLT May

2025 IAW NFPA 96, 11.6

3. Basic Services. The contractor shall clean (to the bare metal) and certify hood and duct systems identified in table 1.

Site Location Hood Location Number of

Filters

Audie L. Murphy Campus Nutritional & Food Service Kitchen Front 12

Audie L. Murphy Campus Nutritional & Food Service Kitchen Back 12

Audie L. Murphy Campus Patriot Canteen Front 9

Audie L. Murphy Campus Patriot Canteen Back 7

Audie L. Murphy Campus Barter Research Unit Kitchen 1

Audie L. Murphy Campus Penthouse 0

Kerrville Campus Nutritional & Food Service Kitchen Front 10

Kerrville Campus Nutritional & Food Service Kitchen Back 10

Kerrville Campus Patriot Canteen Front 5

Kerrville Campus Penthouse 0

(Table 1)

a. Cleaning procedures must adhere to the requirements of the National Fire Protection

Association (NFPA) 96, which is entitled “Standard for Ventilation Control and Fire

Protection of Commercial Cooking Operations.” Contractor shall also follow standards set forth in the National Fire Code, and Occupational Safety and Health

Standards (OSHA) requirements. Contractor shall be extremely familiar with the above regulations. Contractor shall perform all work in strict accordance with the highest safety standards and applicable codes in order to eliminate the possibility of damage to installed machinery, equipment and building structures. Contractor is responsible for cleaning from the exhaust exit point, down to the hood which includes exhaust fan, duct work, filters, hood, and drip containers. Some exhaust hood systems will require the use of access panels. Government will be responsible for installing access panels as required. Contractor shall be familiar with multiple types of exhaust hood systems. The contractor shall be responsible for cleaning the exhaust fan drip containers on the roof prior to tipping the exhaust fan (to avoid roof decay from excess grease). Contractor shall not dispose used filters on campus. Contractor shall be responsible to replace the filter in the exterior (rooftop) drip container. If a filter is not in the drip container, contractor is required to place a new one in the container and shall annotate the filter was missing on the after-service report (ASR). Kitchen filters (initial interior filtering system) must be removed before any work is done on the hood and duct system, and once contractor has cleaned the filters thoroughly, they shall be returned to their original position at the completion of services.

4. Definition. For the purpose of this contract, an exhaust hood and duct system is considered a continuous passageway for the transmission of air and vapors that, in addition to the containment components themselves, must include duct fittings, dampers, plenums, filters, and/or other items of air handling equipment. Exhaust duct and hood systems will comprise of the exhaust duct systems, the fan and blower housing, fan wheel/blades, fan, drip containers, and other features inherent to the operation of the entire systems with the exception of the electric motor interiors.

5. Preparation Work. Contractor shall ensure all interior areas and equipment from the hood to the floor and all exterior areas and equipment around the hood exit point (roof or wall) are protected from being soiled during the cleaning process. If the equipment that requires protection from being soiled conducts heat or flame, the contractor shall use a nonflammable type of protection to cover and protect said equipment. Contractor shall ensure equipment which produces flame or heat is turned off or in stand-by mode before services begin and turned on when services are complete. When accessibility requires movement of equipment the contractor shall move it. The contractor is responsible for connecting or disconnecting equipment utilities

(gas, electric, water, etc.) and will follow all regulations applicable to the task. Contractor shall be responsible for cleaning all areas or equipment that are soiled, dirtied, or damaged during the performance of services at no additional cost to the Government. Cleaning of soiled areas and items shall be done in accordance with the manufacturer’s suggested cleaning methods.

Contractor is responsible for all damaged or unusable products, equipment, and items. Clean up procedures must be completed prior to the contractor departing and the facility opening for normal business.

6. Wastewater Containment. As part of preparation work and prior to any cleaning procedures, the Contractor shall have an industry standard and environmentally sound method to collect all wastewater generated from cleaning procedures. Wastewater must be contained and directed to an approved location or container during all cleaning processes to include the exterior procedures performed on the roof and the interior procedures performed on the hood. Wastewater may be disposed down a grease trap designed to handle wastewater. The Contractor shall not allow wastewater to run off the rooftops on to the ground or to enter into storm drains. Roof gutters and down spouts may be used if an industry standard and environmentally sound method of wastewater containment is set up at the bottom to prevent pollution. However, if used, the gutter and down spouts must be cleansed of all residues upon completion. Within 30 days of award of the contract, the Contractor shall submit in writing and ensure their collection methods for all wastewater generated are approved and accepted by the CO prior to usage. The method used must be submitted in writing for acceptance. It is the contractor’s responsibility to notify the CO if method changes and re-establish acceptance.

7. Fire Suppression System. The hood and duct systems are equipped with fire suppression systems. Components of the fire suppression system shall not be rendered inoperable during the cleaning process. Flammable solvents or other flammable cleaning aids must not be used.

Cleaning chemicals must not be applied on fusible links or other detection devices of the automatic extinguishing system. Contractor shall notify (VA POC) immediately if contractor notices any irregularities or non-operational units. Contractor shall ensure the latches and trigger points of these systems are free of grease and build up. The contractor’s cleaning technician must be aware of the operations of fire suppression systems. If, in the process of cleaning the hood and duct system, the fire suppression system should let down/release, the contractor is held responsible for cleanup of all affected areas as well as recharging the fire suppression system by a certified technician in the fire suppression field. The contractor shall be responsible for clean-up procedures and associated costs.

8. Service Identification. Immediately after cleaning each hood, the Contractor shall affix a tag or label on each individual hood and duct system. The tag/label must be displayed on the outside of hood, not on the inside where it would be overly susceptible to grease laden vapors. The tag/label must adhere and be legible until the next scheduled service, and it must be able to withstand normal cleaning procedures used by occupant to clean the hood surface. The tag/label must not damage the system or interfere in the operation of the hood and duct system. The tag/label at a minimum must include the following information: the contractor’s company information, the date (month, date, and year) in which that system was cleaned, when the next scheduled service is required per contract (month and year), and the signature of contractor’s cleaning technician. The signature of the cleaning technician certifies that the exhaust hood and duct system has been cleaned to meet all NFPA 96 standards and requirements and all requirements outlined in this statement of work. The month must be spelled out (January, February, March); the abbreviation can be used but to avoid confusion do not use the month number. While cleaning an exhaust system, if the contractor discovers an area that cannot be cleaned because it cannot be accessed, contractor shall annotate on the certification label as such

“inaccessible area exists in this system” and shall also annotate it on the contractor’s after service report (ASR) in specific detail what areas are not accessible.

9. After Service Report (ASR). At the completion of all types of services, the contractor is required to fill out a written report to be submitted to the VA POC within three (3) working days after services are completed if a problem was annotated, otherwise ASRs can be submitted at the end of the month with the invoice. Failure to have all required data below will result in a written discrepancy for SS 2, Report Requirements. Contractor shall submit the ASR to the VA POC.

The ASR at a minimum must include the following information:

a. Contractor’s company name, address, and telephone number

b. Contract number

c. The notification time, date, and time of service

d. Indicate if it is a reperformance by annotating the date the unacceptable service was performed initially

e. The date (month and year) of next scheduled service

f. The facility and exhaust hood location

g. The work performed (scheduled or emergency) and the number of hood and ducts serviced

h. The cleaning technician’s signature (the employee who shall sign the certification tag/label, if multiple technicians are used, ensure technician also prints name along with signature.)

i. Annotate if any inaccessible areas were found and contractor’s recommended solution

j. Annotation if drip container filters were present or not

k. A place for comments – contractor can alert the Government of any particular problems, hazards, requests or recommendations regarding that particular hood and duct system

l. A place for signature for the VA POC

10. Contract pricing and Performance periods: All pricing shall be invoiced based on per location (Table 1) and frequencies identified in Table 2. The contract performance periods are one base period, plus four option years.

Period of Performance Frequency of Service

Base Year 5/28/2025 – 5/27/2026 May, August, November, and February

Option 1 5/28/2026 – 5/27/2027 May, August, November, and February

Option 2 5/28/2027 – 5/27/2028 May, August, November, and February

Option 3 5/28/2028 – 5/27/2029 May, August, November, and February

Option 4 5/28/2029 – 5/27/2030 May, August, November, and February

(Table 2)

11. Contractor Provided Equipment and Supplies. No Government equipment will be provided. Contractor shall own or lease a lift to gain rooftop access to certain facilities.

Contractor owned or leased equipment such as sprayers or lifts shall be free of leaks (oil, fuel, water, hydraulic fluids, or any other substance). The CO or VA POC can request removal of equipment from the campus, at no cost to the Government, if equipment is not clean and in good repair or presents a fire or safety hazard. Maintenance repair of equipment shall not be done on

Government property.

a. The contractor’s equipment must be of commercial quality, size, and type suitable for accomplishing the various phases of work specified. All electrical equipment used by the Contractor shall meet all safety requirements and must be UL approved. It must be the responsibility of the contractor to prevent the operation or attempted operation of electrical equipment, or combinations of equipment, which require power exceeding the capacity of existing building circuits. The contractor’s equipment must be in good repair and able to operate efficiently and safely. Equipment must be maintained to present a neat, professional appearance. The Contractor shall have a backup plan to provide services should contractor encounter equipment difficulties.

The CO, VA POC, VA Police, or Hospital safety may inspect the contractor’s equipment and/or tools at any time and direct the removal of any improper or unsafe equipment/tools.

12. Hours of Operation. Services are expected to be performed Monday – Friday between the hours of 1500 hrs. (3 pm) and 2400 hrs. (midnight) CST, except Federal holidays or when the

Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. In the event the scheduled cleaning falls on a holiday the contractor shall provide service the next business day.

NOTE: The hours of operation SHALL be coordinated with the VA POC at least two (2) weeks prior to service to accommodate government personnel change of duty hours.

13. Recognized Holidays. The Contractor shall ensure holidays are reflected in the schedules.

The Contractor is not required to provide routine services on the following approved holidays:

- New Year’s Day - 1 January

- Martin Luther King Day - 3rd Monday in January

- Washington’s Birthday - 3rd Monday in February

- Memorial Day - last Monday in May

- Juneteenth – 19 June

- Independence Day - 4 July

- Labor Day - 1st Monday in September

- Columbus Day - 2nd Monday in October

- Veteran’s Day - 11 November

- Thanksgiving Day - 4th Thursday in November

- Christmas Day - 25 December

If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor shall be responsible for rescheduling services for the first day after the holiday observance.

14. Quality Control. The contractor shall establish and maintain a complete Quality Control

Plan to ensure the requirements of the contract are provided as specified. One copy of the contractor's Quality Control Plan shall be provided to the Contracting Officer with the contractor's proposal. An updated copy shall be provided to the Contracting Officer as changes occur. The plan shall include the following:

a. An inspection system covering all the services specified in this SOW; must specify the areas to be inspected on a scheduled or unscheduled basis, how often inspection will be accomplished, and the title of the individual (s) who will perform the inspections.

b. The methods for identifying and preventing defectives in the quality of service performed before performance becomes unacceptable.

c. On-site records of all inspections conducted by the contractor and necessary corrective action taken. This documentation shall be made available to the government during the term of the contract.

(End of Statement of Work)

(END OF SECTION B)

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):

https://www.acquisition.gov/browse/index/far https://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

52.236-12 CLEANING UP APR 1984

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)

(Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN

2025) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved]

[] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and

(3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled

Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program

(FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15

U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15

U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)

(E.O. 13126).

[] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (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.)

[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (7 U.S.C. 8102, 42

U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023)

(19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19

U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-

302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (JAN 2025) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note

[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. Subtitle A, Part V, Subpart G Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 U.S.C. 5150).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513)

[X] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

[] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[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 25190 – Ventilation Equipment Tender

Monetary Wage-Fringe Benefits $20.22

[] (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).

[] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to

Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117–328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY

2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-

6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232–40.

(xxvi) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by

American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C.3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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 15 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.

C.5 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.

(End of Clause)

C.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: National Fire Protection

Association (NFPA) 96 Standard for Ventilation Control and Fire Protection Ch 11.6 as to

Occupational Safety and Health Standards (OSHA).

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: National Fire Protection

Association (NFPA) 96

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause)

C.7 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).

(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.