S02 36C25725Q0282.pdf

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Bldg. 75 Daycare Furniture
Solicitation number
36C257Q0282
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This is a Request for Quotation (RFQ) issued by the Department of Veterans Affairs (VA) Network Contracting Office 17 for new furniture, installation, project management, and maintenance/warranty services for the VA North Texas Healthcare System Employee Daycare at the Dallas VA Medical Center. The solicitation is 100% set-aside for Service-Disabled Veteran-Owned Small Businesses under NAICS code 337215 with a size standard of 500 employees.

The RFQ requires the contractor to provide and install 83 specified furniture items including cribs, storage units, tables, chairs, play equipment, and educational furniture for classrooms. Key requirements include providing technical assistance, project management, installation coordination, 45 days free storage if needed, and manufacturer's limited lifetime warranty. Questions are due by March 5, 2025 at 1:00 PM CST, with offers due March 7, 2025 at 1:00 PM CST. The evaluation will be based on technical capability, lead time/delivery schedule, and pricing. Award will be made on a best value basis comparing technical capability, delivery timing, and price. The period of performance is not explicitly stated but installation may occur outside regular duty hours (weekends/evenings) to minimize impact on daycare operations.

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PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

549-25-2-040-0084

36C25725Q0282 02-24-2025

Melanie Williams 210-694-6378 03-07-2025 1:00pm CST

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

337215

500 Employees

N/A

X

36C2549

Department of Veterans Affairs Dallas VA Medical Center 4500 S. Lancaster Rd.

Dallas TX 75216

36C257

Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Contractor shall provide new furniture for all existing classrooms, installation, project management, and maintenance/warranty services as outlined within the Statement of Work (SOW).

See Addendum to FAR 52.212-1 for additional information.

See CONTINUATION Page

X X

X 1

Sherine Brooks Contracting Officer

36C25725Q0282

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

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

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 34

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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

ITEMS

E. 5 BASIS FOR AWARD

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: TBD

b. GOVERNMENT: Contract Specialist - Melanie Williams melanie.williams5@va.gov

Department of Veterans Affairs Network Contracting Office (NCO) 17 5441 Babcock Road, Suite 302 San Antonio, TX 78240

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

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

3. INVOICES: Invoices shall be submitted when shipments have been received.

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

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

AMENDMENT NO DATE

mailto:melanie.williams5@va.gov

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Dallas VA Medical Center 4500 South Lancaster Rd.

Dallas, TX 75216 Bldg. 75 Daycare Furniture

1.0 GENERAL SCOPE

The Veterans Health Administration (VHA) has a requirement for playground equipment and supplies for the VA North Texas Healthcare System Employee Daycare that meet the VHA specifications and high-quality threshold while integrating excellent environmental stewardship.

This requirement includes new furniture for all existing classrooms, installation, project management, and maintenance/warranty services. All furniture pieces have been selected for the age-appropriate classes to help with learning and development.

The contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity.

2.0 PERFORMANCE REQUIREMENTS

The contractor shall provide and be responsible for the technical assistance, development, and generation for final specifications.

Duty hours will be between 8:00AM and 4:30PM. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

Installations times and dates will be coordinated with the VA Designer and may occur outside of regular duty hours (weekends, late evenings, etc.) to minimize impact on Daycare Areas and safety restrictions. Installations / deliveries may occur outside of regular duty hours without additional cost to the government.

The contractor shall:

a. Coordinate and provide project management of all products and services to manage, design, order, ship, and deliver materials from the manufacturer until final acceptance by the Veterans Affairs Point of Contact (VA POC).

b. Provide maintenance manuals for all products provided.

c. All finishes, and specifications should be selected, approved, and confirmed by VA designer prior to manufacturing.

d. Provide maintenance manuals for all products specified.

e. Warranty:

a. The warranty item is to run from the date of acceptance of the products by the Government.

b. Contractor/ Vendor agrees to furnish, without cost to the Government, replacement of all parts and material which are found to be defective during the warranty period. Cost of installation and travel of replacement material and parts shall be borne by the contractor.

c. The products will be free from defects in workmanship and materials for a period of at least one year.

d. Manufacture Limited lifetime warranty.

f. Shipping Instructions:

a. All items must be shipped in cartons (boxes) for storage purposes.

b. Items shall be shipped directly to Dallas VA Site, unless otherwise directed by the VA POC.

c. After award, the contract awardee will need to coordinate with the VA POC to plan out each phase of the shipment.

d. The contractor will coordinate all deliveries with the VA POC.

e. All shipping and handling charges shall be paid by the contractor.

Responsibility and Liability for loss or damage shall remain with the contractor until final inspection and acceptance by the VA.

g. Inspection and Acceptance Criteria:

a. Contractor shall receive all products, complete inspections, and perform any damage reports as necessary.

b. All finished surfaces shall be free of scratches, mars, dents, or blemishes, and withstand staining, and exhibit to flaking, cracking, or loss or adhesion. Furnishings shall have smooth finishes with no hazardous projections, sharp corners, or detail, which can be hazardous and cause personal injury or damage to clothing.

3.0 KICKOFF MEETING

The prime contractor(s) shall participate in a kickoff meeting within ten (10) days of task order issuance, in person. Time and date will be determined by VA POC.

5.0 SUBMISSION OF QUOTATION

Volume 1: (technical)

a. Complete manufacturer’s product specifications

b. Product literature

c. Sustainability certification documents

d. Complete testing results / certificates

e. Drawings/layouts of equipment in space

f. Phasing plan for installation

g. Lead Times for manufacturing and shipping

h. Warranty

i. Self-certifying statement confirming ability to meet project deadlines

Volume 2: (pricing)

a. Price quote

b. Lead Time / Delivery

Submissions can be sent in multiple emails to avoid computer system email size limitation. Quotes submitted by any other method besides email will not be considered.

All proprietary information shall be clearly marked. The use of hyperlinks in quotes is prohibited. The contractor is responsible for confirming the Government’s receipt of the contractor’s quote.

6.0 EVALUATION CRITERIA

Task order will be evaluated on:

a. Bill of Materials with subtotals

b. Cut sheets with product detail for each line item

c. Lead Times for manufacturing and shipping

d. Sustainability Certification

e. Drawings/layouts of equipment in space

f. Phasing plan for installation

7.0 PRODUCT

General

All finished surfaces shall be free of scratches, mars, dents, or blemishes, and withstand staining, and exhibit to flaking, cracking, or loss or adhesion. Products are designated and designs specifically for childcare facilities. These products are age appropriate for each classroom. Products are designed with the intentions of learning, development, sensory play, and safety.

A. PRODUCT DETAILS (Brand Name or Equal)

1 10-Section Coat Locker 29170 1 EA

2 Feeling Natural Carpet - 5'4" Round 63810 1 EA

3 KIDply® Soft Solids Eco Friendly Carpet - Lilac - 8'4" x 12' Rectangle 48036-LL

1 EA

4 Indoor Activity Patchwork Mat 33043 1 EA 5 Safe & Sound™ Fixed Side Clearview Compact Crib

33487

10 EA

6 Safe & Sound™ Evacuation Caster Set 33489 3 EA 7 Comfort Glider 80383 1 EA 8 Curious Crawler Mirrored Play Table 37798 1 EA 9 Feeding Chair - Gray - 5" Legs - 6 - 15 Months 32766 4 EA

10 Sense of Place for Wee Ones - Activity Island 37402 2 EA 11 Sense of Place for Wee Ones - 18" Corner 37471 9 EA 12 Sense of Place for Wee Ones - Exploration Storage

37400

5 EA

13 Sense of Place for Wee Ones - 24" Corner 37492 8 EA 14 Sense of Place for Wee Ones - Honeycomb Tunnel

37493

4 EA

15 Kaplan Sit-U-Up Chair 37501 1 EA 16 Tummy Time Reflection Cube 300484 1 EA 17 Turtle Washable Wicker Floor Basket 37923 1 EA 18 Roundabout Retreat 300478 1 EA 19 Sense of Place 24" Compartment Storage 32845 6 EA 20 Activity Mirror Display Center 89196 2 EA 21 Exploration Wall Mirror 37800 1 EA 22 Sense of Place Circle Acrylic Wall Mirror 31868 6 EA 23 Fall Classroom Tapestry 300199 1 EA 24 Summer Classroom Tapestry 300197 1 EA 25 Carolina 10-Section Locker 29574 5 EA 26 Sense of Place Nature's Stripes Carpet - Blue - 6' x 9'

Rectangle 33167

2 EA

27 Sense of Place Highland Stripe Carpet - Blue - 6' x 9' Oval 33170

1 EA

28 Up and Down Toddler Loft 90980 1 EA 29 Laminate 30" Round Table with 15" - 24" Adjustable

Legs 33573-JR

2 EA

30 Chunky Stackable Chair - 5.5" Seat Height - Natural

2005-NT

8 EA

31 Carolina Toddler Book Display 80475 2 EA 32 Toddler Modern Vinyl Couch - Blue 37419 1 EA 33 Toddler Modern Vinyl Chair - Blue 37420 1 EA 34 Giraffe Washable Wicker Floor Basket 37920 1 EA 35 Sense of Place for Wee Ones - Sink and Refrigerator

Kitchen 37404

2 EA

36 Sense of Place for Wee Ones - Stove and Cupboard 37405

2 EA

37 Kaplan 2-Sided Adjustable Easel 37817 4 EA 38 Toddler Magnetic LED STEM Center 37972 2 EA 39 Toddler Discovery Table 93881 1 EA 40 Carolina 4-Section Toddler Locker 28864 3 EA 41 Sense of Place Lowland Stripe Carpet - Green - 6' x 9'

Oval 33176

1 EA

42 Sense of Place Hex Carpet - Green - 8' x 12' Rectangle 301046

2 EA

43 Laminate 24" x 36" Rectangle Table With 15" - 24" Adjustable Legs 33570-JR

3 EA

44 Classic Carolina Chairs - 8" Seating Height - Set of 2 35640

6 EA

45 Sense of Place for Wee Ones - Angled Storage 37401 1 EA 46 Tabletop Multipurpose Drying Rack 37931 1 EA 47 Premium Solid Maple Wooden Art Display Bar for Wall

Mounting 32872

2 EA

48 Toddler Modern Vinyl Couch - Brown 37398 1 EA 49 Toddler Modern Vinyl Chair - Brown 37399 1 EA 50 Sense of Place for Wee Ones - Hide-Away Cove 37403 1 EA 51 Carolina Wooden Toddler Dress-Up Unit 96967 1 EA 52 Adjustable Sand and Water Table 92752 1 EA 53 KIDply® Soft Solids - Red Velvet - 8'4" x 12' Rectangle

48036-RV

2 EA

54 Laminate 24" x 48" Rectangle Table With 15" - 24" Adjustable Legs 33571-JR

6 EA

55 Classic Carolina Chairs - 10" Seat Height - Set of 2 28552

9 EA

56 Wooden Preschool Light Table 89683 2 EA 57 Utility Storage Cart 37918 2 EA 58 Sense of Place Refrigerator 31703 2 EA 59 Sense of Place Armoire 31692 2 EA 60 Sense of Place Range and Sink 31698 2 EA 61 Sense of Place Kitchen Island 31704 1 EA 62 Sense of Place Kitchen Island Stools - Set of 2 32844 1 EA 63 Sense of Place 2-Shelf Large Open Storage 30" 37765 2 EA 64 Modern Pretend Play Cleaning Set with Stand 37821 2 EA

65 Wooden Doll High Chair 32148 2 EA 66 Wooden Doll Cradle with Pillow and Blanket 32151 2 EA 67 Sense of Place Fireplace 31680 2 EA 68 Carolina Coffee Table 28614 2 EA 69 Carolina Book Display 95733 2 EA 70 Sense of Place Tan Vinyl Couch and Chair 34093 2 EA 71 Sense of Place Tan Vinyl Chair 33140 1 EA 72 Wood Stepping Stumps - Set of 5 PL418 2 EA 73 Sense of Place Curio Storage 31673 2 EA 74 Sense of Place 30" Compartment Storage 31672 3 EA 75 Sense of Place Multipurpose Storage 37767 3 EA 76 Multi-Level Classroom Dollhouse 37893 2 EA 77 Multi-Level Classroom Dollhouse Furniture Set 37894 2 EA 78 Indoor/Outdoor Sand and Water Table 300449 2 EA 79 Nature Inspired Carpet - Ash Gray - 6' x 9' Rectangle

33741-GY

2 EA

80 Classic Carolina Chairs - 12" Seat Height - Set of 2 28280

9 EA

81 Carolina Market 31217 1 EA 82 Sense of Place 3-Shelf Open Storage 36" 37766 2 EA 83 Birch Wood Mission Table with Two Chairs 87896 1 EA

8.0 SERVICES

A. Delivery, Storage and Handling of Materials:

a. Contractor shall place all orders, track orders, schedule deliveries and coordinate trucks with the manufacturer and delivery according to VA project schedule.

b. The product must not be placed into production without clearance from the

VA POC.

c. Contractor shall contact the VA POC at least 14 working days prior to start of work/ shipping to ensure that the space is ready for install.

d. In event there is a delay in delivery, contractor must notify the VA POC immediately.

e. Contractor shall provide the VA POC the scheduled date and time that the delivery truck will be arriving at least 48 hours ahead of time.

f. Contractor must ensure that the driver of the delivery vehicle has copies of the delivery order and shall not attempt to deliver any item before the scheduled delivery date.

g. Contractor must cooperate with VA to properly receive all products and furnishings at VA facility.

h. Product shall be factory packed with adequate protection to all sides and corners to prevent transit and handling damage.

i. The contractor shall provide (if needed) 45 days free storage in a conditioned facility that meets all building requirements including but not limited to sprinkler, security, safety, temperature and environmental controls- as not to void warranty.

j. The contractor must notify VA POC of specific location of any stored parts.

B. Receiving and Unloading:

a. Contractor shall place all orders, track orders, schedule deliveries, and coordinate trucks with the manufacturer and delivery according to VA project schedule.

b. Contractor shall receive all products, complete inspections and perform any damage reports as necessary and notify the VA POC.

c. If the contractor is unable to complete the assembly and placement of all unloaded items before the end of the workday, the contractor will be responsible for moving these items to a secure location until the next available workday. The contractor shall be responsible for moving the items from the overnight storage site to its designated position.

d. Contractor shall store damaged items in the location designated by the POC. The contractor shall maintain a complete file of all documents relating to each discrepancy and copies of all Discrepancy Reports shall be forwarded to the VA POC on a daily basis.

e. Contractor shall repair or coordinate for replacement of damaged, defective, or missing items.

C. Protection of Property:

a. Contractor shall protect all items from damage. The contractor shall take precaution against damage to buildings, grounds, and furnishings. The contractor shall repair or replace any items related to buildings or grounds damaged accidentally, or on purpose due to actions by the Contractor, utilizing materials of the same quality, size, grade and color, to match existing work.

b. Contractor shall be prepared to provide floor protection while working in VA facilities. All material handling equipment shall have rubber wheels to help prevent damage to the floor.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 EA _______________

10-Section Coat Locker 29170 (Brand-name or equal)

Feeling Natural Carpet - 5'4" Round 63810 (Brand-name or equal)

KIDplyr Soft Solids Eco Friendly Carpet - Lilac - 8'4" x 12' Rectangle 48036-LL (Brand-name or equal)

Indoor Activity Patchwork Mat 33043 (Brand-name or equal)

10.00 EA _______________

Safe & SoundT Fixed Side Clearview Compact Crib 33487

(Brand-name or equal)

3.00 EA _______________

Safe & SoundT Evacuation Caster Set 33489 (Brand-name or equal)

Comfort Glider 80383 (Brand-name or equal)

Curious Crawler Mirrored Play Table 37798 (Brand-name or

4.00 EA _______________

Feeding Chair - Gray - 5" Legs - 6 - 15 Months 32766

2.00 EA _______________

Sense of Place for Wee Ones - Activity Island 37402 (Brand-name or equal)

9.00 EA _______________

Sense of Place for Wee Ones - 18" Corner 37471 (Brand-

5.00 EA _______________

Sense of Place for Wee Ones - Exploration Storage 37400

8.00 EA _______________

Sense of Place for Wee Ones - 24" Corner 37492 (Brand-

Sense of Place for Wee Ones - Honeycomb Tunnel 37493

Kaplan Sit-U-Up Chair 37501 (Brand-name or equal)

Tummy Time Reflection Cube 300484 (Brand-name or

Turtle Washable Wicker Floor Basket 37923 (Brand-name or

Roundabout Retreat 300478 (Brand-name or equal)

6.00 EA _______________

Sense of Place 24" Compartment Storage 32845 (Brand-

Activity Mirror Display Center 89196 (Brand-name or equal)

Exploration Wall Mirror 37800 (Brand-name or equal)

Sense of Place Circle Acrylic Wall Mirror 31868 (Brand-

Fall Classroom Tapestry 300199 (Brand-name or equal)

Summer Classroom Tapestry 300197 (Brand-name or equal)

5.00 EA _______________

Carolina 10-Section Locker 29574 (Brand-name or equal)

Sense of Place Nature's Stripes Carpet - Blue - 6' x 9'

Rectangle 33167 (Brand-name or equal)

Sense of Place Highland Stripe Carpet - Blue - 6' x 9' Oval 33170 (Brand-name or equal)

Up and Down Toddler Loft 90980 (Brand-name or equal)

Laminate 30" Round Table with 15" - 24" Adjustable Legs

33573-JR (Brand-name or equal)

8.00 EA _______________

Chunky Stackable Chair - 5.5" Seat Height - Natural 2005- NT (Brand-name or equal)

Carolina Toddler Book Display 80475 (Brand-name or equal)

Toddler Modern Vinyl Couch - Blue 37419 (Brand-name or

Toddler Modern Vinyl Chair - Blue 37420 (Brand-name or

Giraffe Washable Wicker Floor Basket 37920 (Brand-name

Sense of Place for Wee Ones - Sink and Refrigerator Kitchen 37404 (Brand-name or equal)

Sense of Place for Wee Ones - Stove and Cupboard 37405

Kaplan 2-Sided Adjustable Easel 37817 (Brand-name or

Toddler Magnetic LED STEM Center 37972 (Brand-name or

Toddler Discovery Table 93881 (Brand-name or equal)

Carolina 4-Section Toddler Locker 28864 (Brand-name or

Sense of Place Lowland Stripe Carpet - Green - 6' x 9' Oval 33176 (Brand-name or equal)

Sense of Place Hex Carpet - Green - 8' x 12' Rectangle 301046 (Brand-name or equal)

Laminate 24" x 36" Rectangle Table With 15" - 24" Adjustable Legs 33570-JR (Brand-name or equal)

Classic Carolina Chairs - 8" Seating Height - Set of 2 35640

Sense of Place for Wee Ones - Angled Storage 37401

Tabletop Multipurpose Drying Rack 37931 (Brand-name or

Premium Solid Maple Wooden Art Display Bar for Wall Mounting 32872 (Brand-name or equal)

Toddler Modern Vinyl Couch - Brown 37398 (Brand-name or

Toddler Modern Vinyl Chair - Brown 37399 (Brand-name or

Sense of Place for Wee Ones - Hide-Away Cove 37403

Carolina Wooden Toddler Dress-Up Unit 96967 (Brand-

Adjustable Sand and Water Table 92752 (Brand-name or

KIDplyr Soft Solids - Red Velvet - 8'4" x 12' Rectangle 48036-RV (Brand-name or equal)

Laminate 24" x 48" Rectangle Table With 15" - 24" Adjustable Legs 33571-JR (Brand-name or equal)

Classic Carolina Chairs - 10" Seat Height - Set of 2 28552

Wooden Preschool Light Table 89683 (Brand-name or

Utility Storage Cart 37918 (Brand-name or equal)

Sense of Place Refrigerator 31703 (Brand-name or equal)

Sense of Place Armoire 31692 (Brand-name or equal)

Sense of Place Range and Sink 31698 (Brand-name or

Sense of Place Kitchen Island 31704 (Brand-name or equal)

Sense of Place Kitchen Island Stools - Set of 2 32844

Sense of Place 2-Shelf Large Open Storage 30" 37765

Modern Pretend Play Cleaning Set with Stand 37821

Wooden Doll High Chair 32148 (Brand-name or equal)

Wooden Doll Cradle with Pillow and Blanket 32151 (Brand-

Sense of Place Fireplace 31680 (Brand-name or equal)

Carolina Coffee Table 28614 (Brand-name or equal)

Carolina Book Display 95733 (Brand-name or equal)

Sense of Place Tan Vinyl Couch and Chair 34093 (Brand-

Sense of Place Tan Vinyl Chair 33140 (Brand-name or

Wood Stepping Stumps - Set of 5 PL418 (Brand-name or

Sense of Place Curio Storage 31673 (Brand-name or equal)

Sense of Place 30" Compartment Storage 31672 (Brand-

Sense of Place Multipurpose Storage 37767 (Brand-name or

Multi-Level Classroom Dollhouse 37893 (Brand-name or

Multi-Level Classroom Dollhouse Furniture Set 37894

Indoor/Outdoor Sand and Water Table 300449 (Brand-name

Nature Inspired Carpet - Ash Gray - 6' x 9' Rectangle 33741- GY (Brand-name or equal)

Classic Carolina Chairs - 12" Seat Height - Set of 2 28280

Carolina Market 31217 (Brand-name or equal)

Sense of Place 3-Shelf Open Storage 36" 37766 (Brand-

Birch Wood Mission Table with Two Chairs 87896 (Brand-

GRAND TOTAL _______________

SECTION C - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.246-71 REJECTED GOODS OCT 2018

(End of Clause)

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

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

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

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved]

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

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

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

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

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

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

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

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

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

[] (14) [Reserved]

[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved]

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

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

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

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

[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219–9.

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

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

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

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

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

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

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

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

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

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

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

793).

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

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

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

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

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

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

[] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

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

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

[X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I).

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

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

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

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

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

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

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

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

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

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

5150).

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

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

(MAY 2024) (E.O. 13513)

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

[] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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

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

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

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

[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

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

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

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

637(d)(13)).

[] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

[] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

3509).

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

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

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

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

(viii) 52.219–8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

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

(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226- 6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232–40.

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

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

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

(1) Means a small business concern—

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

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

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

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

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

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

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

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

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

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

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

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By https://veterans.certify.sba.gov/ 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.

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