S02 36C10X23Q0228 VACO Fitness Equipment.pdf

COMBINED SYNOPSIS/SOLICITATION NOTICE

VACO FITNESS CENTER EQUIPMENT

FOR

DEPARTMENT OF VETERANS AFFAIRS (VA)

OFFICE OF HUMAN RESOURCES & ADMINISTRATION

OPERATIONS, SECURITY, AND PREPAREDNESS (HRA/OSP)

SUBJECT: VA Central Office (VACO) Fitness Center Equipment

CONTRACTING OFFICE’S ZIP CODE 21703

SOLICITATION NUMBER 36C10X23Q0228

RESPONSE DATE/TIME/ZONE 07-28-2023 12:00 EASTERN TIME, NEW YORK, USA

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N/A

SET-ASIDE SDVOSB

PRODUCT SERVICE CODE 7810

NAICS CODE 339920

CONTRACTING OFFICE ADDRESS Strategic Acquisition Center - Frederick

Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT

CS: Brian.Ballard@va.gov CO: Carey.Kauzlarich@va.gov

PLACE OF PERFORMANCE

ADDRESS See Purchase Description (PD)

3.0 Schedule for Deliverables

POSTAL CODE USA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov/opal/sac/index.asp URL DESCRIPTION To learn more about SAC and its mission, please copy/paste the URL.

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

36C10X23Q0228

GENERAL INFORMATION

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, Quotations are being requested, and a subsequent solicitation document will not be issued.

(ii) This combined synopsis/solicitation is a Request for Quotation (RFQ).

(iii) All parties submitting a quote shall complete Section C.4 of this solicitation and provide a written statement in their quote that they meet the limitations on subcontracting requirements.

(iv) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04.

(v) This first page is to be removed upon award and replaced with a SF1449 and table of contents.

All interested parties shall provide a quote for the following:

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: TBD

b. GOVERNMENT:

Strategic Acquisition Center - Frederick

Department of Veterans Affairs

5202 Presidents Court, Suite 103

Frederick MD 21703

Contracting Officer (CO): Carey Kauzlarich

Carey.Kauzlarich@va.gov

Contract Specialist (CS): Brian Ballard

Brian.Ballard@va.gov

Contracting Officer Representative (COR) – N/A

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

AMENDMENT NO DATE

B.2 INVOICING INSTRUCTIONS

Payment provided under the terms of this contract will be made only after delivery and acceptance for all supplies provided for, services rendered, and/or deliverables approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery

Order Number.

mailto:Carey.Kauzlarich@va.gov mailto:Brian.Ballard@va.gov

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: www.tungsten-network.com/customer-campaigns/veteransaffairs to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

• Tungsten e-Invoice setup information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@tungsten-network.com

• VA TUNGSTEN Number: AAA544240062

• FSC e-Invoice contact information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov

• FSC Internet: http://www.fsc.va.gov/einvoice.asp

All interested vendors shall provide a quote for the following supplies:

https://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.tungsten-network.com/customer-campaigns/veteransaffairs http://www.x12.org/ mailto:VA.Registration@tungsten-network.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

B.3 PURCHASE DESCRIPTION

PURCHASE DESCRIPTION

DEPARTMENT OF VETERANS AFFAIRS

OFFICE OF HUMAN RESOURCES & ADMINISTRATION

OPERATIONS, SECURITY, AND PREPAREDNESS (HRA/OSP)

IN4011VACO PROCUREMENT OF FITNESS CENTER EQUIPMENT

1. REQUIREMENTS:

The Department of Veterans Affairs (VA), Office of Administration (OA) has a need to procure

Fitness Center Equipment for approximately 5,000 VA employees, veterans, and visitors daily at the Veterans Affairs Central Office Fitness Center at 810 Vermont Ave NW, Washington, DC.

The description and quantity of the Fitness Center Equipment is as follows:

Item Brand Name Item Description Quantity

Woodway

4Front

Treadmill

Belt Type 60 individual slats 35" W x 76" L x 74" H

Energy Efficient Drive System 114 precision ball bearings with 12 roller guides (4mm lateral tolerance)

Running Surface Vulcanized Rubber (38-43 shore hardness) Drive Motor 2 hp continuous (5 hp peak) brushless servo Unit Weight 445 lb. (Shipping weight

533 lb.)

Standard Performance Features:

User Weight Capacity Running 500lb. Walking 800lb., Running Surface Area 22" x 68", Speed Range 0-

12.5mph, Zero Start, 0.1 mph Increments, Elevation

Range 0 - 15%, Polar Heart Telemetry and Heart Rate

Grip, Resistance Mode.

Upgrades:

Personal Trainer Display Board

Menu Driven Color LCD Screen 10 Preprogrammed

Workouts Ability to Create Custom User Workouts (up to 99) Fitness Testing (Pre-loaded U.S. Military, medical and fitness protocols) LED Readouts (speed, incline, distance, calories, time/pace heart rate and METs)

Woodway Reverse Adapter

Woodway

Training

Display Board

Console

Screen Size: 10.1” and 21” or equivalent:

Touch Type: Capacitive Multiple Languages Integrated

TV Tuner (ATSC, DVB/T only) IPTV Compatible Web

Browser Wi-Fi Ethernet (Recommended) Bluetooth (2.0 phone/4.0 HR) Sync to Apps & Wearables Charging

(USB) Multimedia Playback (Music only through

Bluetooth) Local & Online Provisioning Data Export to

3rd Party (API) Asset Management PROGRAMS &

FEATURES User Workout Data Tracking Offline User

Profiles Dynamic Quick Keys Workout Customizer

Smart Coach Guided Programs BYO Workouts (XML

Only) Device Specific Reservation Like/Dislike Workout

Feature Fitness Tests Custom Workout Summary

Guided Profile Set Up Virtual Runs Game Runs End to

End Encryption HIPPA/GDPR CUSTOMIZATION

Curve

Treadmill

Overall dimensions 33x73; Running surface dimensions

17x67

Slat belt (or equivalent type of tread belt) featuring a running surface consisting of lots of individual ‘slats’ joined together to form the belt. Made of rubber; and are non-motorized. 3/8 in rubber slats Zero stretch and zero slip, wire-reinforced, lateral belts-zero adjustment needed.

Transportation system includes unique curved track with 112 Precision

Bearings and 12 Roller guides"

Standard Performance Features:

"Speed Range: Unlimited (Human powered) Elevation:

Unique curved design

Resistance: 20 levels Minimal starting resistance for longer runs/higher speeds, natural feel and better user experience

Minimum 130 degree radius reduce stress when operating with resistance Patent

Pending Handrails for proper pushing/pulling technique with multiple hand grip capabilities

Ergonomically designed heads up display for better biomechanics. User weight capacity: 400 lb. running / 800 lb. walking (4 mph max)"

SciFit

Pro2Total

Body

Ergometer

Max User Weight: 450 lbs.

Weight: 223 lbs.

Dimensions: 61"L x 30"W x 62"H

Adjustable step-through passageway - allowing all users full access to the foot pedals and overall device.

Ability to adjust the upper and lower hand cranks for greater range of movement, exercise variety and a custom fit.

Standard seat, allowing fore and aft, up and down, manual movement. Ability to select swivel seat option.

Ability to provide Passive Assistance to the user. The upper and lower cranks allowing individuals to use passive assistance – using strong limbs to drive weaker limbs through the range of motion.

Americans with Disabilities Act (ADA) Compliant –

Ability to remove the seat for easy wheelchair access.

Ability to provide very low starting resistance - (5 watts) start and maintain program function at extremely low speeds and resistance.

Ability for versatile exercises for the upper, lower, or total body, and the ability to focus only specific body parts.

Iso-Strength - safe and effective strength, provides accommodating resistance through the entire range of motion.

Bi-directional Resistance - aids in the recruitment of reciprocal muscle groups and reduces the risk of injury from muscle imbalance.

Provides at least 200 Levels of Resistance - the workload can be adjusted in .1 increments.

Can vary between cordless and 110V 15 Amps standard cable depending on version but most do require power cord.

Yosuda brand

Stationary

Spin Bike

Heavy steel frame and smooth quiet belt transfer

35lbs flywheel and anti-skid cage pedal

2-ways (up/ down) Adjustable Handlebar and 4-ways

(forward/back and up/down) Adjustable Seat

LCD monitor and tablet bracket

Inside length: 25"Min - 35" Max

Maximum user weight: 300 lbs.

Set up size: 40"L x 22" W x 45" H

BowFlex M3

Max Elliptical

Trainer

Product Dimensions: 49"D x 26"W x 64.6"H

Material: Metal

Maximum Weight Recommendation: 300 Pounds

Maximum Stride Length: 18 Inches

Item Weight: 63.4 Kilograms

Number of Resistance Levels: 8

Item Package Dimensions L x W x H: 46 x 26 x 22.25 inches

Package Weight: 68.04 Kilograms

2. BRAND NAME OR EQUAL - PRODUCT SALIENT CHARACTERISTICS

This is a Brand Name or Equal procurement in accordance with FAR 11.104 and 52.211-6. The salient physical, functional, or performance characteristics that "equal" products shall meet are specified in this section. To be considered for award as an “equal” product, respondents shall provide supporting literature, drawings, specifications, etc… that show the following product salient characteristics are met for each piece of equipment. Failure to provide evidence that a product meets/exceeds these requirements shall not be considered for award, and further evaluation of the quote will not be conducted.

Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced:

Brand Name: Woodway 4Front

Slatted Belt Treadmill

• Power requirement: 120V

• Size: Approximately 35" W x 76" L x 74" H

• Belt Type: Approximately 60 individual slats

• Running Surface Area: Approximately 22"x 68"

• Running surface made from vulcanized rubber or equivalent

• Drive motor 2 hp continuous (5 hp peak) brushless or equivalent

• Unit weight: Approximately 445 lbs.

• Shipping weight: Approximately 533 lbs.

• User weight capacity: Running approximately - 500 lbs; Walking approximately - 800 lbs.

• Speed Range: Approximately 0 – 12.5 mph

• 0.1 mph speed increments

• Elevation Range: Approximately 0 - 15%

• Heart Telemetry Monitoring and Heart Rate Grip

• Reverse mode

• Resistance mode

Brand Name: Woodway

Personal Trainer Display Board

• Menu driven color LCD screen or equivalent with approximately 10 or more preprogrammed workouts with the ability to create custom user workouts

• Real time readouts (speed, incline, distance, calories, time/pace heart rate and metabolic equivalents (METs)

• Reverse treadmill band adapter or equivalent to allow the user to walk or run-in reverse

• Screen Size: 10.1” and 21” or equivalent

• Touch Screen

• Supports multiple languages

• Integrated TV Tuner (ATSC only)

• Bluetooth (2.0 phone/4.0 HR)

• Ability to sync to Apps (iOS and Android) & wearables to the equipment

• Two (2) or more charging ports (USB and/or USB type C)

• Workout summary

Brand Name: Woodway Curve FTG

Curved Treadmill

• Power requirement: 120V

• Overall dimensions: Approximately 33”x73”

• Running surface dimensions: Approximately 17”x67”

• Slat belt (or equivalent type of tread belt) featuring a running surface consisting of lots of individual ‘slats’ joined together to form the belt made of rubber

• Non-motorized belt

• Minimal to no stretch and zero slip, wire-reinforced, lateral belts-zero adjustment needed or equivalent

• Transportation system includes unique curved track with 112 Precision Bearings and 12 Roller guides or equivalent

• Speed Range: Unlimited (Human powered)

• Elevation: Curved design

• Resistance levels that increase at a gradual pace

• 130-degree radius to reduce stress when operating with resistance or equivalent

• Handrails for pushing/pulling technique with multiple hand grip capabilities or equivalent

• Ergonomically designed heads-up display

• User weight capacity: Approximately 400 lb. running / Approximately 800 lb. walking

Brand Name: SciFit Pro2

Total Body Ergometer

Overall Dimensions:

• Power requirement: Can vary between cordless and 110V 15 Amps standard cable depending on version

• Max User Weight: Approximately 450 lbs

• Weight: Approximately 223 lbs

• Dimensions: Approximately 61"L x 30"W x 62"H

• Adjustable step-through passageway - allowing all users full access to the foot pedals and overall device

• Ability to adjust the upper and lower hand cranks for greater range of movement, exercise variety and a custom fit

• Standard seat, allowing fore and aft, up and down, manual movement. Ability to select swivel seat option.

• Ability to provide Passive Assistance to the user – using strong limbs to drive weaker limbs through the range of motion

• Americans with Disabilities Act (ADA) Compliant – Ability to remove the seat for easy wheelchair access

• Ability to provide very low starting resistance - (approximately 5 watts) start and maintain program function at extremely low speeds and resistance

• Ability for versatile exercises for the upper, lower, or total body, and the ability to focus only specific body parts

• Isolated Strength Mechanism - provides accommodating resistance through the entire range of motion

• Bi-directional Resistance - aids in the recruitment of reciprocal muscle groups and reduces the risk of injury from muscle imbalance

• Provides at least 200 Levels of Resistance - the workload can be adjusted in .1 increments or equivalent

Brand Name: Yosuda

Stationary Spin Bike

• Heavy steel frame and smooth quiet belt transfer or equivalent

• 35lbs flywheel and anti-skid cage pedal or equivalent

• Noiseless magnetic resistance system or equivalent

• 2-ways (up/ down) Adjustable Handlebar and 4-ways (forward/back and up/down) Adjustable Seat or equivalent

• LCD monitor and tablet bracket or equivalent

• Inside length: Approximately 25" Min - 35" Max

• Maximum user weight: Approximately 300 lbs.

• Set up size: Approximately 40"L x 22" W x 45"H

BowFlex M3

Elliptical Trainer

• Product Dimensions: Approximately 49"D x 26"W x 64.6"H

• Maximum Weight Recommendation: Approximately 300 Pounds

• Product Weight: Approximately 143 lbs

• Maximum Stride Length: Approximately 18 Inches

• Item Weight: Approximately 63.4 Kilograms

• Heart Rate Monitor

• Resistance/speed dial or equivalent

• Number of Resistance Levels: Approximately 8

• Item Package Dimensions L x W x H: Approximately 46 x 26 x 22.25 inches

• Package Weight: Approximately 68.04 Kilograms

3.0 SCHEDULE FOR DELIVERABLES

1. The contractor shall provide written confirmation of all orders within 24 hours of receiving the order.

2. Delivery of orders must within 30 business days after receipt of order (ARO) to the provided address.

3. Tracking number on all orders once they are packaged for shipping to the government.

Inspection: Destination

Acceptance: Destination

Free on Board (FOB): Destination

Ship To and Mark For:

Primary:

Steven Mitchell, Chief, Property Management

Department of Veteran’s Affairs

Office of Administration

810 Vermont Avenue, NW

Washington, DC 20420

Steven.mitchell2@va.gov

202-461-5153 (Office)

202-279-1785 (Mobile)

Secondary:

Delores Tyms-Williams, Director, Support Services

Department of Veteran’s Affairs

Office of Administration

810 Vermont Ave NW

Washington, DC 20420 delores.tyms-williams@va.gov

(202) 461-5141

Special Shipping Instructions:

Prior to shipping, Contractor shall notify Site POCs, by phone followed by email, of all incoming deliveries including line-by-line details for review of requirements. Contractor cannot make any changes to the delivery schedule at the request of Site POC.

Contractors must coordinate deliveries with Site POCs before shipment of Fitness Center

Equipment to ensure site have adequate storage space.

All shipments, either single or multiple container deliveries, will bear the VA Purchase Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the VA PO number will indicate total number of containers for the complete shipment (ex. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

Packing Slips/Labels and Lists shall include the following:

IFCAP PO # ____________

Total number of Containers: Package ___ of ___. (i.e., Package 1 of 3)

NOTE: VA IN4011VACO Procurement of Fitness Center Equipment]

4.0 INFORMATION SECURITY CONSIDERATIONS:

The Certification and Accreditation (C&A) requirements do not apply and a Security

Accreditation Package is not required.

a. A prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA.” See VA handbook 6500.6, Appendix C, paragraph 3.a.

b. A requirement for data breach notification: Upon discovery of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. See VA

Handbook 6500.6, Appendix C, paragraph 6.a.

c. A requirement to pay liquidated damages in the event of a data breach: “In the event of a data breach or privacy incident involving SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals.” See VA handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

d. A requirement for annual security/privacy awareness training: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA’s requirements, they will provide the COR or

CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in the VA’s contract have received their annual security/privacy training that meets VA’s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

e. A requirement to sign VA’s Rules of Behavior: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on annual basis an acknowledgement that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract.” See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by

10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA’s information and information systems.

f.

5.0 PROGRAM POINT(S) OF CONTACT:

VA Program Manager:

Name: Delores Tyms-Williams

Address: 810 Vermont Avenue, NW Washington, DC 20420

Voice: (202) 461-5141

Email: delores.tyms-williams@va.gov

VA Alternate POC

Name: Michael Lloyd

Address: 810 Vermont Avenue, NW Washington, DC 20420

Voice: (202) 461-5160

Email: michael.lloyd@va.gov

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 EA __________________ __________________

Woodway 4Front Treadmill or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing PRODUCT/SERVICE CODE: 7810 - Athletic and Sporting Equipment

4.00 EA __________________ __________________

Woodway Training Display Board Console or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

2.00 EA __________________ __________________

Woodway Curve Treadmill or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

2.00 EA __________________ __________________

Woodway FTG Curved Treadmill or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

1.00 EA __________________ __________________

SciFit Pro2Total Body Ergometer or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

11.00 EA __________________ __________________

Yosuda Stationary Spin Bike or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

3.00 EA __________________ __________________

Bowflex M3 Max Elliptical Trainer or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods

Manufacturing

GRAND TOTAL __________________

B.5 DELIVERY SCHEDULE

In addition to the following, please see B.3 Purchase Description – Section 3.0 Schedule for

Deliverables for specific shipping instructions and delivery POC’s.

ITEM NUMBER QUANTITY DELIVERY DATE

0001 SHIP TO: Steven Mitchell 810 Vermont Avenue, NW Washington, DC 80420

USA

4.00 30 Days ARO

MARK FOR: Steven Mitchell 202-461-5153 Steven.mitchell2@va.gov

0002 SHIP TO: Steven Mitchell 810 Vermont Avenue, NW

4.00 30 Days ARO

0003 SHIP TO: Steven Mitchell

2.00 30 Days ARO

0004 SHIP TO: Steven Mitchell

2.00 30 Days ARO

0005 SHIP TO: Steven Mitchell 810 Vermont Avenue, NW

1.00 30 Days ARO

0006 SHIP TO: Steven Mitchell

11.00 30 Days ARO

0007 SHIP TO: Steven Mitchell

3.00 30 Days ARO

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

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

C.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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.2 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.3 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.

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

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

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

SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the

SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or

852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

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

125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

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

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

SDVOSBs listed in the SBA certification database.

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

CFR 125.6.

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

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

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

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

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

First Contracting Program.

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

(End of Clause)

C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING

(JAN 2023)

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

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

[Offeror check the appropriate box]

(i) □ In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) □ In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in -check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) □ Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) □ Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in - check each box below.]

□ The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

□ The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

□ The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) □ The offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns.

(3) 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.

(4) 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 or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. 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.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards

Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the

VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.6 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.

(End of Clause)

C.7 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

(a) Supplies and equipment. Rejected goods will be held subject to Contractor's order for not more than 15 days, after which the rejected merchandise will be returned to the Contractor's address at the Contractor's risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the Contractor.

(b) Perishable supplies. The Contractor shall remove rejected perishable supplies within 48 hours after notice of rejection. Supplies determined to be unfit for human consumption will not be removed without permission of the local health authorities. Supplies not removed within the allowed time may be destroyed. The Department of Veterans Affairs will not be responsible for, nor pay for, products rejected. The Contractor will be liable for costs incident to examination of rejected products.

(End of Clause)

C.8 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

Shipment of deliverable items, other than reports, shall be to: See B.5 Delivery Schedule

(End of Clause)

C.9 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for: See B.5 Delivery Schedule and Special Shipping

Instructions on the PD.

(End of Clause)

(End of Addendum to 52.212-4)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 Kapersky 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) 52.232-40, 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) 52.204-10, Reporting Executive Compensation & 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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328).

[X] (9) 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).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

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

[] (11) [Reserved].

[] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

[X] (13) 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).

[] (14) [Reserved]

[] (15)(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.

[] (16)(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.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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.

[] (19)(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

[] (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

[X] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15

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

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

[] (24) 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))

[] (25) 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 (OCT2022) (15 U.S.C. 637(m))

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (29) 52.222-19, Child Labor--Cooperation with Authorities…