S02 36C26225Q0974 Steam Trap Battery Replacement.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Steam Trap Battery Replacement and Survey

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 87108

SOLICITATION NUMBER* 36C26225Q0974

RESPONSE DATE/TIME/ZONE 06-25-2025 11:00 MOUNTAIN TIME, DENVER,

USA

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* J048

NAICS CODE* 811310

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

NCO22

New Mexico VA Health Care System 1501 San Pedro Drive SE Albuquerque NM 87108

POINT OF CONTACT*

Contract Specialist Jordan Alonzo jordan.alonzo@va.gov (505)767-6094

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs VA Loma Linda Health Care Systems

VALLHCS

11201 Benton St, Loma Linda California

POSTAL CODE 92357

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

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

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03

This solicitation is set-aside for 100% Service-Disabled Veteran-Owned Small Business (SDVOSB), IAW VAAR 819.7007 VA veteran-owned small business set-aside procedures. VAAR Subpart 819.70, the Veterans First Contracting Program.

The associated North American Industrial Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $12.5 Million.

The FSC/PSC is J048.

The VA Loma Linda Healthcare System (VALLHCS), Jerry L. Pettis VA Medical Center (VAMC), located at 11201 Benton Street, Loma Linda, CA 92357-1000, is seeking to purchase replacement batteries for 230 steam traps on an Armstrong SAGE management system. The primary objective of this contract is to enhance the operational efficiency, safety, and longevity of the facility’s Armstrong SAGE steam system. By surveying all 230 steam traps and replacing their batteries the VHALLC aims to identify issues, ensure reliability, minimize energy loss, maintain safety standards, and prolong equipment lifespan.

All interested companies shall provide quotations for the following:

Supplies/Services

Line Item Description Quantity Unit of

Measure Unit Price Total Price

0001 Duracell 3V Batteries 230 EA 0002 Steam Trap Battery Replacement and Survey All Units

1 JB

STATEMENT OF WORK

1. Contract Title

VA Loma Linda Healthcare System’s (VALLHCS) Steam Trap/ Batteries Replacement

2. Background VALLHCS is dedicated to maintaining the functionality and safety of its facilities to provide high quality service to veterans. Steam system is a critical component of these facilities, serving as the backbone for heating, sterilization, and various operation processes. The facility currently utilizes 230 steam traps on the Armstrong SAGE management system to regulate steam distribution and prevent energy losses. Routine maintenance is essential to ensure theses steam traps operate efficiently and reliable. The Va seeks to undertake a proactive maintenance effort that includes a comprehensive survey of all stream traps and replacement of their batteries to optimize system performance and reduce energy cost.

3. Objective The primary objective of this contract is to enhance the operational efficiency, safety, and longevity of the facility’s Armstrong SAGE steam system. By surveying all 230 steam traps and replacing their batteries the VHALLC aims to identify issues, ensure reliability, minimize energy loss, maintain safety standards, and prolong equipment lifespan.

4. SCOPE:

Contractor shall provide all labor, materials, tools, equipment, required parts, and supervision to conduct steam trap survey, replace 230 batteries on current steam traps, Contractor shall provide report to plumbing supervisor to update SAGE utility management system.

4.1 SPECIFIC REQUIREMENTS:

Survey of Existing Steam Traps:

• Contractor shall conduct a detailed inspection of all 230 steam traps to assess their condition.

• Contractor shall document findings including operational status, type, location, and any identified issues.

• Contractor shall prepare a comprehensive report with recommendations for maintenance or upgrades.

Battery Replacement:

• Contractor shall replace batteries in all 230 steam traps with compatible and approved replacement.

• Contractor shall perform functionality tests on each steam trap post-replacement to ensure proper operation.

• Contractor shall dispose of old batteries in accordance with local, state, and federal environmental regulations.

Quality Assurance and testing:

• Contractor shall perform testing of all steam traps to validate their performance.

• Contractor shall provide a quality assurance checklist for each steam trap to document successful completion of task.

Safety and Compliance

• Contractor shall fallow OSHA regulations and VA safety protocols during all phases of the project.

• Contractor shall adherer to federal guidelines for handling disposing of hazardous materials.

Licensing Requirements

• Offeror must possess a 30-hour Occupational Safety and Health Administration (OSHA) safety card.

• C-36 Plumbing Contractor License

• C-4 Boiler, Hot Water Heating and Steam fitting

• Armstrong Steam and Condensate Authorization Service Letter

4.2 Services Not Covered:

4.2.1. Any work other than as specified in the contract shall be identified as a non-priced task, and if determined by the Contracting Officer (CO) to be within the overall scope of the contract, work shall be added by a modification to the contract. Any work requested that is identified as outside the scope of the contract shall be addressed by the facility as a separate procurement.

5. Security Requirements

The C&A requirements do not apply, and Security Accreditation Package is not required.

This service does not involve Contractor connection of one or more contractor-owned IT devices (such as laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public network) therefore Information Technology (IT) Security certification and accreditation (authorization) (C&A) requirements do not apply per VA Handbook 6500.6.

6. Data Rights:

6.1. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

7. Period of Performance

Work Hours

Normal hours of operation are Monday through Friday from 8:00 am to 4:30 pm Pacific time. All work is expected to be performed generally during normal hours of coverage unless requested or approved by the COR or his/her designee.

Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building. All work performed, to include delivery of materials and equipment, shall be made with minimal interference to Government operations and personnel.

Work performed outside the normal hours of coverage must be approved by the COR or his/her designee.

All time shall be approved in advance by the Contracting Officer’s Representative (COR). Allow 5-days for approval of any alternate working hours needed.

Federal Holidays

New Year’s Day January 01 Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February Memorial Day Last Monday in May

Juneteenth June 19 Independence Day July 04

Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11

Thanksgiving Day Fourth Thursday in November Christmas Day December 25

If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any day specifically declared by the President of the United States of America.

8. Identification, Check-in, Parking, and Smoking Regulations Identification

The vendor's employees shall wear visible identification at all times while on VALLHCS premises. Contractor employees shall report to VA Police upon entry to the VALLHCS facility to get a visitor badge. Contractor employees are required to be escorted by the COR or designee’s office once on campus prior to commencement of work. During emergencies contractor personnel shall check in with VALLHCS Police if the VALLHCS COR or designee is not available.

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

Parking

It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office.

The Contractor assumes full responsibility for any parking violations.

Smoking

Veterans Health Administration (VHA) Directive 1085, dated March 5, 2019, provides a comprehensive smoke-free policy for patients, visitors, contractors, volunteers, and vendors, at the Department of Veterans Affairs (VA), Veterans Health Administration (VHA) health care facilities. This updated VHA directive implements a smoke-free policy for patients, visitors, contractors, volunteers, and vendors at VA health care facilities, as defined in this directive, based on scientific evidence regarding the adverse health effects of secondhand and thirdhand smoke exposures.

The Assistant Deputy Under Secretary for Health for Administrative Operations (10NA) and the Assistant Deputy Under Secretary for Health for Clinical Operations (10NC) are responsible for the contents of this directive. Questions may be referred to VHA Smoke Free: vhasmokefree@va.gov.

This VHA directive is scheduled for recertification on or before the last working day of March 2024. This VHA directive will continue to serve as national VHA policy until it is recertified or rescinded.

Weapons and Contraband

Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract. Enclosed containers, including tool kits, shall be subject to search. Violations of VALLHCS regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Safety

All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VALLHCS shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR), Parts 1910 and 1926, NFPA 70E, Article 130.7 29 CFR 1910.132(d)(1)(iii), 29CFR1910.137.

Contractor shall provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

9. Contractor Personnel

Contractor’s Program Manager

The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

Contractor’s Employees mailto:vhasmokefree@va.gov

The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

10. Contractor Qualifications & Other Responsibilities

Contractor shall obtain all necessary licenses required to perform this work. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees’ fault or negligence. Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

The Government reserves the right to accept or reject Contractor’s employee for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct will be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

11. Insurance Coverage The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

Contractor is required to provide copies of proof of Workers Compensation and Employee Public Liability Insurance within fifteen (15) calendar days after notification of contract award.

12. Invoicing and Payment Overtime & Holiday Pay

Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

Contractor will bill and be paid for actual services provided by Contractor personnel.

Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

Invoices

Payment of services rendered under this contract shall be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address specified by Contracting. Invoices shall reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes.

The Government shall not authorize payment until such time that the VALLHCS COR all properly executed and signed documentation.

No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears in accordance with FAR 52.212- 4, para. (i). Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

The contract period of performance is 07/01/2025-06/30/2026.

Place of Performance/Place of Delivery Address: Department of Veterans Affairs

VA Loma Linda Healthcare System

(VALLHCS)

Jerry L. Pettis VA Medical Center (VAMC) 11201 Benton Street, Loma Linda, CA

Postal Code: 92357-1000 Country: UNITED STATES

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

• FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

• Addendum to FAR 52.212-1, “Instructions to Offerors—Commercial Products and Commercial Services”

• FAR 52.252-1, “Solicitation Provisions Incorporated by Reference” (FEB 1998)

• FAR 52.204-7, “System for Award Management” (OCT 2018)

• FAR 52.212-2, “Evaluation—Commercial Products and Commercial Services” (NOV

2021)

• FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items”

(MAY 2024)

• FAR 52.204-16, “Commercial and Government Entity Code Reporting” (AUG 2020) http://acquisition.gov/comp/far/index.html

• FAR 52.204-20, “Predecessor of Offeror” (AUG 2020)

• FAR 52.212-2, “Evaluation—Commercial Products and Commercial Services” (NOV

2021)

• FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” (MAY 2024)

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications– Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

• FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Services.” (Nov 2023)

• ADDENDUM to FAR 52.212-4, “Contract Terms and Conditions—Commercial Products and Commercial Services” applies to and is included with this acquisition.

• FAR 52.252-2, “Clauses Incorporated by Reference” (FEB 1998)

• FAR 52.204-13, “System for Award Management Maintenance” (OCT 2018)

• VAAR 852.203-70, “Commercial Advertising” (MAY 2018)

• VAAR 852.219-73, “VA Notice of Total Set-Aside for Certified Service-Disabled

Veteran-Owned Small Businesses” (JAN 2023)

• VAAR 852.219-75, “VA Notice of Limitations on Subcontracting—Certificate of

Compliance for Services and Construction” (JAN2023)(Deviation)

• VAAR 852.232-72, “Electronic Submission of Payment Requests” (NOV 2018)

• VAAR 852.242-71, “Administrative Contracting Officer” (OCT 2020)

• FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or

Executive Orders” (JAN 2025)(DEVIATION FEB 2025)

The following subparagraphs of FAR 52.212-5 are applicable: (b)(4), (9), (25), (26), (31), (36), (39), (51), (55), (63); (c)(1), (2), (4), (7), (8).

All invoices from the contractor shall be submitted electronically in accordance with VAAR clause 852.232-72, “Electronic Submission of Payment Requests.” 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.

All quoters shall submit the following: All information required by FAR 52.212-1(b) Submission of Offers. As well as all applicable licensing.

All quotes shall be sent to the Network Contracting Office (NCO) jordan.alonzo@va.gov https://www.sam.gov/portal http://www.fsc.va.gov/einvoice.asp mailto:jordan.alonzo@va.gov

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The following are the decision factors: Price, and technical weighted equally.

Past performance will be based on CPARS and FAPIIS ratings. No rating in CPARS is equal to a neutral rating. Technical will be based on technical capabilities to complete the work and required licensing as described in the SOW.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of questions shall be received no later than Wednesday, 06/23/2025, 11:00am MDT at jordan.alonzo@va.gov only. Subject line shall include “QUESTIONS

TO RFQ 36C26225Q0974

Submission of your response shall be received not later than 06/25/2025, 11:00am MDT at jordan.alonzo@va.gov . “Response to RFQ 36C26225Q0974”

Submissions shall include your quote using the attached schedule as well as a capabilities statement with qualifications proving all certifications required for the work.

Capabilities statements should be no more than 10 pages. Submissions not meeting all requirements of the SOW will be considered ineligible for award.

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact Jordan Alonzo Contract Specialist jordan.alonzo@va.gov

A.1 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 https://veterans.certify.sba.gov/ be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

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

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

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

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

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

(2) Supplies/products.

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

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

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

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

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

CFR 125.6.

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

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

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

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

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

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

(End of Clause)

A.2 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

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

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

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

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

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

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

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

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

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

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

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

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

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)