S02 36C24825Q0923.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

36C24825Q0923 08-15-2025

Robert R. Edwards 407-646-4272 08-28-2025

15:00 EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

X 100

X

238210

$19 Million

N/A

X

36C675

Department of Veterans Affairs Orlando VA Healthcare System 13800 Veterans Way

Orlando FL 32827

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

a. Medium Voltage Repair Circuits.

b. Prior to submitting questions and quotes, refer to Section E.1 Instructions to Quoters.

c. It is the Contractor's responsibility to read the solicitation in its entirety prior to submitting a quote.

See CONTINUATION Page

X X

X 1

36C24825Q0923

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 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

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

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN

2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 ATTACHMENT A VOLUME 11B SITE ELECTRICAL

D.2 ATTACHMENT B WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTION TO QUOTERS

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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)

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:

Person administering contract for the Contractor

Address City-State-Zip Phone Number Fax Number Email Address

UEI #

Federal Tax I.D. #

b. GOVERNMENT: Contracting Officer: Rohan McKenzie, rohan.mckenzie@va.gov Contract Specialist: Robert R. Edwards, robert.edwards2@va.gov

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or [ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] After completion and acceptance of services.

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

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971 http://www.tungsten-network.com/US/en/veterans-affairs/

5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION INSTRUCTIONS: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

a. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, 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 electronic data transmission methods below.

mailto:rohan.mckenzie@va.gov mailto:robert.edwards2@va.gov

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ 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 (http://www.x12.org)

b. 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 for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

1. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

3. FSC e-Invoice Contact Information: 1-877-353-9791

4. FSC e-invoice email: vafsccshd@va.gov

See https://www.fsc.va.gov/einvoice.asp for additional information.

6. CONTRACT MODIFICATIONS: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the point of contact, has the authority to make changes that will affect the contract prices, quantity, quality, delivery terms and conditions, or the terms of the contract. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions shall be formalized by the proper contractual document executed by the Contracting Office.

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

AMENDMENT NO DATE

http://www.x12.org/ mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1 SV

Replace the existing medium voltage circuit DBN7 by installing a new cable without splices, as per the attached PWS tasks.

Contract Period: Base POP Begin: 09-15-2025 POP End: 01-13-2026 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: J061 - Maintenance, Repair, and Rebuilding of Equipment - Electric Wire and Power Distribution Equipment

Replace the existing medium voltage circuit DAN-2 by installing a new cable without splices, as per the attached PWS tasks.

Contract Period: Base POP Begin: 09-15-2025 POP End: 01-13-2026 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors

Replace the existing medium voltage circuit DAG-15 by installing a new cable without splices, as per the attached PWS tasks.

Contract Period: Base POP Begin: 09-15-2025 POP End: 01-13-2026 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors

GRAND TOTAL

B.3 PERFORMANCE WORK STATEMENT

1. Introduction:

This is a non-personal service contract for the procurement of replacement medium voltage cables. The Government shall not exercise any supervision or control over the contractor service providers performing the services herein. Such service providers shall be accountable solely to the contractor, who is responsible to the Government. The contractor shall provide all the labor, materials, equipment, and transportation necessary to conduct the survey, collect information, perform analysis, and produce the required deliverables.

The Orlando VA Healthcare System (OVAHCS) Facilities Management Service (FMS), located at 13800 Veterans Way, Orlando, FL 32827, mission is to provide, operate, and maintain a "state of the art" facility service program in support of our Veterans Health Care System. It is responsible for the Health, Safety, and Well-Being of the Staff, Patients, and Veterans at the OVAHCS hospitals and Outpatient Clinics.

2. Background:

The Normal power to the Hospital’s 2nd floor substation SS-HN4 feeder is damaged. On June 12, 2025, the Hospital medium voltage circuit DBN-7 breaker power tripped on neutral inverse-time overcurrent. A visual assessment confirmed smoke and electrical burning signs in manhole NB2-3 near the golf cart yard of the warehouse from the ground fault - the circuit was spliced at this location. This necessitated the need for the circuit to be locked out, racked out, and SS-HN4’s load to be shifted to the redundant feed DBN-20. This circuit is in urgent need of replacement as it feeds in-patient mental health, ICU, operating rooms, and other critical areas of the hospital.

The Normal power circuit to the Lake Nona domiciliary is unreliable. The medium voltage circuit DAN-2 is the sole normal power circuit powering the Domiciliary substation SS-DG1. It was quickly identified to have sustained a catastrophic splice failure on only C-phase on November 12, 2024, in manhole NA2-5. Only the C-phase splice was repaired and the circuit was returned to service shortly thereafter. During a visual assessment, splices were noted in manholes NA2-5, NA2-6, NA2-7, and NA2-8 with various signs of corrosion and swelling indicative of impending failure. Circuit DAN-2 requires urgent replacement.

The medium voltage circuit DAG-15 is the emergency (generator) circuit powering the Clinic substation SS- CG1; and is the alternate power source for Clinic substation SS-CG2. It was Hi-Pot tested twice, and both the reports indicated signs of leakage on multiple phases, likely from several failing splices in the duct bank series manholes. A visual assessment was performed in conjunction confirmed signs of swelling on several phases and splices requiring emergent replacement.

3. Objective:

The main objective of this requirement is to repair or replace the circuit(s) with new conductors and terminations as required to restore power to critical infrastructure without splices. Each circuit in each manhole shall have a fire-taped service loop installed on the racks.

4. Place of Performance:

The place of performance shall be Orlando VA Medical Center, located at 13800 Veterans Way, Orlando, FL 32827.

5. Period of Performance:

The period of performance shall be completed within 120 calendar days after the contract award.

6. Hours of Operation:

a. The contractor shall perform work during normal hours from Monday through Friday, 8:00 a.m. to 4:30 p.m. However, repairs may be required after hours and/or on weekends in order to minimize the impact on medical center operations.

b. Evening Hours: TBD as needed (4:30 p.m. to 10:00 p.m.).

c. Weekend Hours: TBD as needed (8:00 a.m. to 4:30 p.m.).

d. The contractor shall coordinate with the VA Point of Contact (POC) when evening and weekend hours work is needed or scheduled.

e. The contractor shall coordinate with the VA Point of Contact (POC) for all scheduled outages and safe clearance.

7. Government Holidays:

a. The contractor shall not perform work on Federal holidays or when the Government facility closes due to local or national emergencies, administrative changes, or similar Government-directed facility closings. Recognized federal holidays are listed below, see Table 1.

Holiday Date Month

New Year’s Day 1st January

Martin Luther King Jr.’s Birthday 3rd Monday January

President’s Day 3rd Monday February

Memorial Day Last Monday May

Juneteenth 19th June

Independence Day 4th July

Labor Day 1st Monday September

Columbus Day 2nd Monday October

Veterans Day 11th November

Thanksgiving Day 4th Thursday November

Christmas Day 25th December Table 1

8. Task / Requirement:

a. The contractor shall establish all mechanical and electrical connections according to the National Electrical Code (NEC) and existing commercial standards. The contractor shall comply with the Occupational Safety and Health Administration (OSHA) safety standards as required for installation.

Refer to D.1 ATTACHMENT A for the site electrical diagram.

b. DBN-7, Hospital Normal Power Circuit: The contractor shall replace all conductors and terminations for circuit DBN-7, which feeds from the Normal side-B switchgear in the Central Energy Plant (CEP) through manholes NB2-1, NB2-2, and NB2-3 to Hospital substation SS-HG4 without splices. The total circuit length is approximately 1,500 linear feet; the contractor shall verify to ensure this is correct.

The contractor shall procure and install three (3) new (15KV, 4/0 AWG, MV-105, EPR, Shielding) cables and one (1) each (15KV, 4/0 XHHW ground cables), conductors, fire taping, and associated materials. The new feeders shall meet or exceed electrical specifications, as faulty cables are being removed. Feeders shall be terminated, torqued, and fire-taped in accordance with the National Electric Code, industry, and manufacturer standards. The contractor shall utilize approved cable pulling procedures, equipment, and rigging in accordance with cable manufacturers’ specifications throughout the installation process. The contractor shall provide a service loop in all manholes and install new and/or repair existing cable support and racking as needed. The contractor shall replace and/or repair all manhole grounding conductors with exothermic weld or high compression type connections as needed for the installation and repair of the new circuit and adjacent

c. DAN-2, Domiciliary Normal Power Circuit: The contractor shall replace all conductors and terminations for circuit DAN-2, which feeds from the Normal side-A switchgear in the Central Energy Plant through manholes NA2-5, NA2-6, NA2-7, and NA2-8 to Domiciliary substation SS-DG1 without splices. The total circuit length is approximately 1,600 linear feet; the contractor shall verify to ensure this is correct.

The contractor shall procure and install three (3) new (15KV, 1/0 AWG, MV-105, EPR, Shielding) cables and one (1) each (15KV, 1/0 XHHW ground cables), conductors, fire taping, and associated materials. The new feeders shall meet or exceed electrical specifications, as faulty cables are being removed. Feeders shall be terminated, torqued, and fire-taped in accordance with the National Electric Code, industry, and manufacturer standards. The contractor shall utilize approved cable pulling procedures, equipment, and rigging in accordance with cable manufacturers’ specifications throughout the installation process. The contractor shall provide a service loop in all manholes and install new and/or repair existing cable support and racking as needed. The contractor shall replace and/or repair all manhole grounding conductors with exothermic weld or high compression type connections as needed for the installation and repair of the new circuit and adjacent circuits. Feeders shall be labeled and placarded with appropriate nomenclature as before the demo in each manhole and endpoint. The contractor shall Very Low Frequency (VLF) test and certify new cables for operation and provide a report upon completion.

d. DAG-15, Clinic Emergency Power Circuit: The contractor shall replace all conductors and terminations for circuit DAG-15, which feeds from the Emergency Side-A switchgear in the Central Energy Plant through manholes EA2-1, EA2-2, EA2-3, and EA2-4 to the Clinic substation CG1 without splices. The total circuit length is approximately 2,300 linear feet; the contractor shall verify to ensure this is correct.

The contractor shall procure and install three (3) new (15KV, 4/0 AWG, MV-105, EPR, Shielding) cables and one (1) each (15KV, 4/0 XHHW ground cables), conductors, fire taping, and associated materials. The new feeders shall meet or exceed electrical specifications, as faulty cables are being removed. Feeders shall be terminated, torqued, and fire-taped in accordance with the National Electric Code, industry, and manufacturer standards. The contractor shall utilize approved cable pulling procedures, equipment, and rigging in accordance with cable manufacturers’ specifications throughout the installation process. The contractor shall provide a service loop in all manholes and install new and/or repair existing cable support and racking as needed. The contractor shall replace and/or repair all manhole grounding conductors with exothermic weld or high compression type connections as needed for the installation and repair of the new circuit and adjacent circuits. Feeders shall be labeled and placarded with appropriate nomenclature as before the demo in each manhole and endpoint. The contractor shall VLF test and certify new cables for operation and provide a report upon completion.

9. Special Instructions:

a. Government holidays are non-workdays for the contractor unless previously arranged with the VA POC.

b. The contractors shall be escorted by VA POC at all times.

c. The contractor shall inspect the underground ducts, vaults, and adjacent conductors for signs of potential failure and make recommendations as needed. The contracting officer must authorize any additional work prior to commencement.

d. If the repair exceeds the contract’s cost or is outside the contract’s scope, the contractor shall stop all repairs and discuss further troubleshooting options with the VA POC and CO prior to proceeding.

e. The contractor shall contact the VA POC seven (7) days prior to the start of work to receive information about assigned parking spaces and other pertinent instructions.

f. The contractor shall notify the VA POC at least seven (7) days to notify facility management and occupants of the upcoming scheduled power outage.

g. The VA POC will coordinate all outages, switching, and facilitate safe clearance for de-energized work to be performed safely by the contractor.

h. The contractor shall be solely responsible for the LOTO process. The contractor shall validate that all circuits are de-energized, tested, grounded, and coordinated prior to work start daily with the VA POC and facility electricians for all Lock Out Tag Out operations.

i. All installed components shall be inspected for functionality by the contractor before acceptance by VA

POC.

j. The contractor must remove all refuse, rubbish, scrap materials, and debris caused by its operation, to the extent that at all times the work site shall present a neat, orderly, and workmanlike appearance.

k. All procedures shall be completed according to the requirements of the above Performance Work

Statement and warranty all work for not less than 1 year.

l. The contractor shall comply with all applicable federal, state, and local requirements for protecting the safety of the contractor’s employees, building occupants, and the environment. When working in accordance with this contract, the contractor shall follow all applicable OSHA and confined spaces standards. The contractor shall deliver daily confined space documents/logs to the VA POC at the end of each week.

m. The contractor shall make recommendations for changes and improvements that may be pertinent to meeting this scope of work only to the extent indicated in this agreement. No additional services will be provided without the prior approval of the contracting officer.

n. No process or materials shall be employed in such a manner that they will introduce additional hazards into the occupied space.

10. Performance Requirement Summary:

a. The performance of a service will be evaluated to determine whether it meets the performance threshold.

Re-performance is the preferred method of correcting any unacceptable performance. The contractor shall provide all repair services that meet or exceed standards.

PRS

Performance Standards

Acceptable

Quality Level

Surveillance

Method

Positive or Negative Contractor

Performance Assessment

Reporting System

(CPARS)

Paragraph 7.

Voltage System Repair

98% acceptable level

POC

Inspection

Positive CPARS

Negative CPARS

Paragraph 8.

Performance of Deliverables

98% acceptable level

POC

Inspection

Positive CPARS

Negative CPARS

Table 2

b. Quality Assurance. The Government will evaluate the Contractor’s performance under the contract, IAW the PRS Matrix. The Government retains the right to inspect and test all services called for by the contract. The Government will conduct inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, with no increase in contract amount.

c. Upon notification of any deficiencies detected in the work performed, the contractor shall correct cited deficiencies within three (3) days, or as otherwise authorized by the VA POC.

11. RECORDS MANAGEMENT OBLIGATIONS:

a. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

b. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

i. Includes VHA records.

ii. Does not include personal materials.

iii. Applies to records created, received, or maintained by contractors pursuant to their VHA contract.

iv. May include deliverables and documentation associated with deliverables.

c. Requirements

i. Contractor shall comply with all applicable records management laws and regulations, as well as

National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

ii. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

iii. In accordance with 36 CFR 1222.32, the contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

iv. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

v. The contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control or the contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

vi. The contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

vii. The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

viii. The contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

ix. The contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

x. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

xi. Training. All contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The contractor is responsible for confirming that training has been completed according to agency policies, including initial training and any annual or refresher training.

** VHA training for contractors is available in Talent Management System (TMS):

Records Management for Records Officers and Liaisons, Item #3873736

d. Flow down of requirements to subcontractors

i. The contractor shall incorporate the substance of this clause, its terms, and requirements, including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

ii. Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

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):

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

(End of Clause)

C.2 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.

FAR Number Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)

(APR 2025)

APR 2025

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

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

(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. 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:

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

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

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph

(c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

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

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

C.3 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

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

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [X] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

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

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

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

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

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

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

(d) Offeror 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: _______________________________________________

C.4 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.5 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.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes.