S02 - 36C26125R0038 Final.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 25

36C26125R0038 X

04-15-2025

36C261-25-AP-2856

640-25-2-5281-0032

640-25-103

36C261

Department of Veterans Affairs Network Contracting Office (NCO) 21 VA Northern California HealthCare System 3237 Peacekeeper Way Bldg 200 Suite 204 McClellan CA 95652-2613

Department of Veterans Affairs Network Contracting Office (NCO) 21 VA Northern California HealthCare System 3237 Peacekeeper Way Bldg 200 Suite 204 McClellan CA 95652-2613

Kristin Tribble (279) 842-7359

Project Title: Improve Security Mountain Project No. 640-25-103 Project Locations: VA Mountain View Center Building 801 at 1776 Old Middlefield Way, Mountain View, CA 94043

The Contractor shall provide all labor, materials, equipment, tools, and supervision required for the improvement of security in accordance with the Statement of Work in Building 801 of VA Mountain View Center, 1776 Old Middlefield Way, Mountain View, CA 94043.

The NAICS code for this solicitation is 236220 Commercial and Institutional Building Construction with a small business size standard of $45 million.

Bid bonds, payment bonds, and performance bonds shall be required under this solicitation and any resultant contract.

Site Visit is scheduled for Monday, April 21, 2025, at 10:00 am PDT. See section 52.236-27 Site Visit for details.

Requests for Information (RFIs) are due 28 April 2025, 12:00 pm PDT

This project shall be completed within 120 days after Notice to Proceed (NTP).

The NCO 21 MACC Group 2 will be utilized to execute this construction project.

Offerors must be verified in the Veterans Small Business Certification (SBA DSBS) when the offer is submitted and, if the apparent awardee, prior to award.

Wage Determination CA20240018 04/26/2024 applies to this solicitation.

VAAR Clause 852.219-75 needs to be completed when submitting offer; if not provided, offer will not be considered for award.

ten (10) 120 x 52.211-10

X

1 12:00 PDT

05-19-2025

X

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C261

Department of Veterans Affairs Network Contracting Office (NCO) 21 VA Northern California HealthCare System 3237 Peacekeeper Way Bldg 200 Suite 204 McClellan CA 95652-2613

FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

Charee Harris Contracting Officer

NCO 21 MACC

GROUP 2

TASK ORDER PROPOSAL REQUEST

640-25-103 - Improve Security Mountain View

PLACE OF PERFORMANCE

VA Mountain View Center Building 801 at 1776 Old Middlefield Way

Mountain View, CA 94043

NOTICE TO VETERANS INTGRATED SERVICE NETWORK 21 (VISN 21)

MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) HOLDERS

Description: THE RESULTING SOLCITATION IS A TASK ORDER PROPOSAL REQUEST. Proposals will only be requested and accepted from contractors who were awarded a Veterans Integrated Service Network 21 (VISN 21) Multiple-Award Construction Contract (MACC) from Network Contracting Office 21 (NCO 21).

Point of Contact: Kristin Tribble, Contract Specialist, kristin.tribble@va.gov

Project Title: Improve Security Mountain View

Project specifications and all associated project documents shall be incorporated into the Task Order Bid Request which shall be posted electronically through https://sam.gov

Questions regarding this notice shall be submitted via e-mail to: kristin.tribble@va.gov

Site Visit: A Site Visit is scheduled for 21 April 2025 at 10:00 AM PST

Requests for Information: Must be submitted by 28 April 2025 at 12:00 PM PST

Proposals: Must be submitted by 19 May 2025 @ 12:00 PST https://sam.gov/

The following firms are eligible for award of the resulting task order:

MACC GROUP 2

Acierto, LLC Hawk Contracting Group 2053 North 2000 West P.O. Box 490 Farr West, UT 84404 Montrose, CO 81402

Bexar Advanced Solutions Group Patriot Construction 47 E. Crestwood Road 4646 Qantas Lane Kaysville, UT 84037 Stockton, CA 95206

D-Square Construction Saw-Greenland JV 107 W. Sahuaro Street 2625 Production Road Tucson, AZ 85705 Virginia Beach, VA 23454

ESA South, Inc. Sergent Mechanical 1681 Success Drive 1617 Pacific Avenue Cantonment, FL 32533 Oxnard, CA 93033

Ground Level – Overaa Joint Venture 5013 Forni Drive Concord, CA 94520

**Any offers received from contractors not mentioned above will not be accepted.

36C26125R0038

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

2.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

2.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

2.5 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

2.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

2.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

2.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

Improve Security System at Mountain View Project No. 640-25-103

Palo Alto Health Care System

Project Number: 640-25-103

PROJECT TITLE: Improve Security System at Mountain View

PROJECT NO: 640-25-103

PROJECT TYPE: Non-Recurring Maintenance

DATE: March 25, 2025

STATEMENT OF WORK:

Contractor shall provide all labor, tools, material, equipment, transportation, supervision, coordination, services and all incidental items necessary to install a fully functional physical access control system and intrusion detection system at Veterans Affairs Palo Alto Health Care System (VAPAHCS) Mountain View Center, Building 801.

Address: 1776 Old Middlefield Way Mountain View, CA 94043.

1. STATEMENT OF BID ITEMS

1 Physical Access Control System (PACS)

2 Intrusion Detection System

1. Task 1: Physical Access Control System

a. The facility has an existing Sielox Pinnacle PACS.

b. The Contractor shall provide door controllers, card readers, and other field hardware that matches or is compatible with the existing system. Lock types will be electric strikes for single doors and electromagnetic locks for double doors. Controlled doors shall have two forms of request to exit (REX); crash bar, door handle (electric strike), push to exit button, REX PIR (Passive Infrared).

c. The PACS badge readers shall be of brand name or equal to the component shown below:

i. Brand Name Item: ASSA ABLOY

ii. Component Identification: pivCLASS RP40-H Wall Switch Reader

iii. Model Number: 920PHRNEK00005

Project Number: 640-24-114

d. PACS badge readers must possess capability to fully integrate/interface with the current PACS software management system, Sielox Pinnacle, which is utilized by local VAPAHCS Police Service to manage physical access for facilities, to ensure system cohesion and functionality, and guarantee centralized management of all system components using the current management interface. Verification of the necessary versions, models, and other components that are compatible with the current system used by Police Service shall be the responsibility of the contractor.

e. Provide new installation of eleven (11) PACS badge readers with dual authentication control [seven (7) on Floor 1 and four (4) on Floor 2], see additional PACS reader component details in items i – iii below. Existing conditions and equipment to be verified/confirmed by contractor via site visit. [Exhibit 1]

i. Assess existing PACS reader for Telecom Room (Room 237) and determine if replacement is necessary.

ii. Remove and replace the existing PIV card reader for the door at the Personnel Security Office (Room 150) door with one (1) PACS with dual authentication control.

iii. For the Personnel Security Office (Room 150) door, the PACS reader shall have the capability to be partitioned/segregated and managed separately from the general PACS for other areas of the building to meet a higher security requirement.

f. Replacement of eleven (11) existing door hardware with electrified door hardware.

2. Task 2: Intrusion Detection System

This is a localized intrusion detection system. The alarm shall alert the VA Police Service as primary immediate notification.

a. Provide ten (10) door alarms for exterior doors. [Exhibit 1]

b. Provide one (1) door contact sensor for Personnel Security Office (Room 150).

[Exhibit 1]

c. Provide one (1) motion intrusion sensor/alarm with camera capability. [Exhibit 1]

d. Provide applicable glass breakage detection sensors/alarms on Floor 1. [Exhibit 1]

e. Existing conditions and/or equipment to be verified/confirmed by contractor via site visit.

3. In addition to providing Operations & Maintenance documentation, this contract requires inclusion of training of end users in usage/management of the Intrusion Detection Systems and Physical Access Control Systems installed during the performance of this contract.

2. PROJECT DURATION

A. Project is construction only and must be complete in no more than 120 days from Notice to Proceed.

B. Contractor shall submit a detailed Critical Path Method (CPM) schedule for construction phase, including consideration for VA approval processes time requirements related to security and network components, with estimated dates and itemized schedule of value to the Contracting Officer for review and approval before Notice to Proceed. Tasks can be performed concurrently if facility impact are minimal. Work area shall not be closed off for extended amount of time.

3. ATTACHMENTS

a. EXHIBIT 1 Mountain View Security Floor Plan with Areas of Deficiency Noted

b. EXHIBIT 2 PSRDM

c. EXHIBIT 3 PSRDM Appendix B Security Matrix

d. EXHIBIT 4 VA Handbook 0730-4

e. EXHIBIT 5 VA PAD ICRA

f. EXHIBIT 6 As-Builts

g. EXHIBIT 7 Specifications

h. EXHIBIT 8 Rules of the Station

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

General

1. GENERAL

This requirement is being solicited utilizing the procedures outlined in FAR 16.505 Ordering. The Government intends to solicit to all VISN 21 Group 2 MACC Awardees thereby providing Fair Opportunity as required by FAR 16.505 (b) Orders Under Multiple Award Contracts.

2. PROPOSAL SUBMISSION REQUIREMENTS

The following documents shall be included in your offer submission:

Completed and signed SF 1442 Offer page, with amount entered in block 17.

Acknowledgment of all amendments, either by entering data in block 19 of SF 1442, or by completing blocks 15a, b and c of SF 30 Amendment and attaching to SF 1442 Offer page.

Completed Attachment - Price Breakdown sheet.

Completed and signed Attachment - Contractor Certification re: Safety and Environmental, including EMR and insurance carrier supporting documentation.

Completed and signed VAAR 852.219-75.

Offerors are responsible for ensuring and verifying their price and all required documents are accurate, current, complete, and submitted via email to kristin.tribble@va.gov by the due date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment). Any exception to the terms and conditions of this request for proposal will result in a non-responsive offer.

The VA will NOT pay any contractor or subcontractor for any cost incurred in the preparation and submission of the contractor's offer.

Evaluation Procedures

Source Selection Information -- See FAR 2.101 and 3.104

EVALUATION BASIS FOR AWARD

1. Basis for Contract Award.

This acquisition will utilize the Tradeoff source selection procedures in accordance with FAR 15.3 to make an integrated assessment for a Tradeoff award decision. The Government intends to award one contract as a result of this solicitation. In using the Tradeoff approach, the Government seeks to award to the offeror who gives the Government the greatest confidence that it will best meet or exceed the requirements affordably in a way that will be advantageous to the Government. This may result in an award to a higher rated, higher priced offeror where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines that the technical superiority and/or overall business approach and/or superior past and present performance of the higher priced offeror outweighs the cost difference. To arrive at a best mailto:kristin.tribble@va.gov

Project Number: 640-25-103 - Improve Security System at Mountain View value decision, the SSA will integrate the source selection team’s evaluations of the factors and subfactors described in this provision. While the Government will strive for maximum objectivity, the tradeoff process, by its nature, is subjective; therefore, professional judgment is implicit throughout the selection process.

Award will be made to the responsible offeror whose proposal conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and provides the best value to the Government based on the results of the evaluation described in paragraph 2 below. Contract terms and conditions consistent with customary commercial practices are specified in the solicitation/contract, with otherwise tailored terms and conditions specified in the Addendum to the solicitation/contract.

The Government reserves the right to conduct discussions if determined necessary but intends to award without discussions. Any discussions will be conducted in accordance with FAR 15.306.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer, with the concurrence of the Source Selection Authority, may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

2. Factors and Subfactors and Relative Importance.

A. A detailed and complete analysis of each offeror’s proposal will be performed. The Government’s evaluation will be based on the following factors and subfactors:

Factor I. Technical/Key Personnel

Factor II. Management

Factor III. Past Performance

Factor IV. Cost/Price

Each offeror’s proposal will be evaluated, and the Government will make a determination of the relevancy and confidence level. While the Government will strive for maximum objectivity, the Tradeoff process, by its nature, is subjective; therefore, professional judgment is implicit throughout the selection process. The offerors that provide the best value to the Government are based on the results of the evaluation criteria described in the paragraph below.

B. Relative Importance of Each Factor and Subfactor. Among the evaluation factors considered in the tradeoff decision, technical/management are the most important followed by past performance, and then cost/price. Technical/management and past performance, when combined, are significantly more important than cost or price.

3. Proposal Evaluation. The evaluation process will be accomplished as follows:

FACTOR I - Technical/Key Personnel and Management Factors

Each offeror’s technical and management proposals shall be evaluated based on the factors and subfactors below, to determine if the offeror provides a sound, compliant approach that meets the requirements of the SOW and demonstrates a thorough knowledge and understanding of those requirements and their associated risks. The technical proposal addresses each of the following subfactors in sufficient detail. For each subfactor, the offeror identifies risks, if any, associated with the proposed approach and actions the offeror will take to mitigate the identified risks. If no risks/mitigations are identified in the offeror’s proposal, it indicates the offeror does not consider there to be any risk associated with their proposed approach.

Factor IA: Management: Key Personnel The Key Personnel evaluation factor shall be rated as acceptable or higher. To be considered for award, an offeror must receive a minimum of acceptable rating for this factor.

The key proposed project personnel identified below must have a minimum of three (3) years’ experience in their respective fields. Use the “Personnel Resumes Evaluation” attachment, which follows this section;

complete this form for each of the following key personnel:

1. Project Manager

2. Project Superintendent

3. Quality Control Manager

To be considered acceptable or higher on this this factor, the offeror must provide project personnel who meet the minimum of 3 years’ experience and 3 projects of similar or greater size and scope. Key personnel experience provided should have occurred within the last five (5) years.

Factor I B – Technical: Intrusion Detection System (IDS) Installation Experience

Provide the following information: Firm performing the installation of the Intrusion Detection System (IDS), type of system installed, panel type installed, system components installed, alert monitoring methods, and any other relevant details regarding the installation of an IDS.

Factor I C – Technical: Physical Access Control System (PACS) Installation Experience

Provide evidence that the firm performing the installation of the badge readers and other necessary components of the PACS described in this project has experience performing work of a similar nature. See Statement of Work for unique considerations and requirements of the PACS.

Factor II: Management: Schedule Phasing

Contractor is to provide a phased schedule with a synopsis as to how the work will be accomplished within the approximate 16-week period of performance. Schedule to demonstrate means and methods of approach to successfully manage and execute this Improve Security System at Mountain View project.

Factor III: Past Performance Factor

The contractor shall submit past performance information (CPARS or Past Performance Questionnaire - PPQ) on three (3) projects, performed within the past five (5) years from the issuance date of this solicitation. The past performance assessment will assess the confidence in the offeror’s/joint venture member’s ability (which includes, if applicable, the extent of its critical subcontractors’ involvement) to successfully accomplish the proposed effort based on the offeror’s demonstrated present and past work record. The Government will perform an independent determination of relevancy of the data provided or obtained. The Government is not bound by the offeror’s opinion of relevancy.

Factor IV: Cost/Price Factor the Offeror’s Cost/Price proposal will be evaluated for Reasonableness, Balance, and Total Evaluated Price (TEP). TEP will be calculated in accordance with the following:

• Reasonableness. Adequate price competition is expected to support the determination of reasonableness. Price analysis techniques may be utilized to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional cost data IAW FAR 15.4 will be required to support the proposed price.

• Balance. Unbalanced pricing is discussed in FAR 15.404-1(g). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or underestimated as indicated by the application of analysis techniques. The Government shall analyze offers to determine whether unbalanced separately priced line items or sub-line items exist. Prices submitted will be compared and evaluated to assure a logical progression exists as related to price. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

• Total Evaluated Price. A TEP will be calculated for evaluation purposes only and used to assist in determining the best value to the Government. The TEP will be evaluated as follows:

o Proposals shall be evaluated, for award purposes. Based upon the total price proposed for items identified for pricing which are applicable to the basic requirements and other price-related issues. The TEP shall include all costs associated with providing the final items to the Government.

2.1 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID

GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I

(FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for—

April 21, 2025 at 10:00 am PST

(c) Participants will meet at—

Building 801 at 1776 Old Middlefield Way, Mountain View, CA

(End of Provision)

2.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of Provision)

FAR

Number

Title Date

52.211-6 BRAND NAME OR EQUAL AUG 1999

2.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

https://www.sam.gov/

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

2.5 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

https://www.sam.gov/

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)).

However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other https://dibnet.dod.mil/ contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of Clause)

2.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

FAR

Number

Title Date

52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION

JUN 2023

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

FAR

Number

Title Date

52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS

MANUFACTURED OR ASSEMBLED BY AMERICAN

SECURITY DRONE ACT—COVERED FOREIGN ENTITIES

NOV 2024

2.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. 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. 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…