S02 - 36C26324Q1080.pdf
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- S218--Snow and Ice Removal BPA (VA-24-00055897)
- Solicitation number
- 36C26324Q1080
About this file
This document is a solicitation for a commercial contract for Snow and Ice Removal services at the Iowa City VA Health Care System. The Department of Veterans Affairs, Network 23 Contracting Office is issuing this total set-aside solicitation for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The anticipated period of performance is a base year from 09/01/2024 to 08/31/2025 with four one-year option periods. The required services include snow plowing, snow blowing, shoveling, application of deicer, and hauling away excess snow as needed to maintain safe passage of pedestrians and vehicles. Quotes are due by 05:00pm CST on 08/28/2024. The contract will be awarded as a firm-fixed-price contract. The NAICS code is 561730 with a $9.5 million size standard.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER
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
636-24-4-8895-0066
36C26324Q1080
6. SOLICITATION ISSUE DATE
8-15-2024
Erica Miller 319-688-3646 08-28-2024 5:00pm CDT
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St Suite 300 Coralville IA 52241
X 100
X
561730
$9.5 Million
N/A
X
Department of Veteran Affairs Iowa City VA Health Care System 601 Highway 6 West Iowa City, IA 52246
Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St, Suite 300 Coralville IA 52241
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin TX 78714-9971
X
See CONTINUATION Page
Snow and Ice Removal - Iowa City
Contractor to provide all materials, labor, transportation and services in accordance with the statement of work to fulfill the requirement's objectives for Snow and Ice Removal.
Anticipated Period of Performance:
Base Year: 09/01/2024 to 08/31/2025 Option Year 1: 09/01/2025 to 08/31/2026 Option Year 2: 09/01/2026 to 08/31/2027 Option Year 3: 09/01/2027 to 08/31/2028 Option Year 4: 09/01/2028 to 08/31/2029
See CONTINUATION Page 636-3640162-8895-854100-2549-0400555X9 636-24-4-8895-0066
PO# - TBD
X
X 1
Jesse Sweesy Contracting Officer
36C26324Q1080
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 SPECIFICATIONS / SOW
B.3 PRICE/COST SCHEDULE
B.4 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...25
C.4 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND
REMEDIES (FEB 2024)
C.5 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..33
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.8 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:
b. GOVERNMENT:
Contracting Officer 36C263 Department of Veterans Affairs
NETWORK 23 CONTRACTING OFFICE
1303 5th St Suite 300 Coralville IA 52241
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Upon Delivery and Acceptance
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
B.2 SPECIFICATIONS / SOW
Description of Requirement
The Contractor shall provide all personnel, equipment, tools, supervision and other items and services necessary to ensure the snow plowing and snow removal is performed in a manner that will maintain a professional appearance at the Iowa City VA Health Care System.
Upon award, the Contractor will be responsible to coordinate directly with the VA Contracting Officer Representative (COR) to identify limitations of snow pile areas and plowing methods. This will vary, as some locations will have no restrictions where others may have limitations on size. However, snow pile practices shall be within acceptable best practices for snow removal. It shall be the responsibility of the Contractor to haul away the snow.
Place of Performance
Iowa City VA Health Care System 601 Hwy 6 West Iowa City, Iowa 52246
Estimated Period of Performance
Ordering Period Period Begins Period Ends Base Year 09/01/2024 08/31/2025 Option Year 1 09/01/2025 08/31/2026 Option Year 2 09/01/2026 08/31/2027 Option Year 3 09/01/2027 08/31/2028 Option Year 4 09/01/2028 08/31/2029
Scope of Work
The Contractor shall remove snow and ice by plowing, blowing, brushing, sweeping, shoveling, or other suitable means not harmful to the traffic surface as necessary to produce and maintain safe passage of pedestrians and vehicles.
The Contractor shall supply and apply sand, salt, ice melt, etc., to treat the existing or developing unsafe conditions to produce safe passage of pedestrians and vehicles.
The contractor supplied snowmelt material shall be comparable to that used by the ICVAHCS. The materials used by Contractor shall not be damaging to the surface receiving the materials.
Equipment used shall be comparable or better than that used by the facility. Review of equipment included in the walk through. Example: Tractor – 18 horsepower, 51” rotary broom, 54” front blade; uniloader – 44 horsepower, 54” bucket/dump truck with sander and blade – truck GVWR 11,000, dump box 2-3 cubic yard, sander 2-3 cubic yard, and 8’ blade.
All equipment used and stored, all materials used and stored, and all removal methods used to displace snow and ice from surfaces shall be done in such a manner as to not cause damage to grass (turf), landscaping, trees, shrubs, vehicles, structures, fixtures, and people. Pertinent codes and regulations shall be adhered to such as U.S.
Environment Protection Agency (EPA), National Fire Protection Association (NFPA), etc.
All work shall be performed in the order prescribed by the (ICVAHCS) using a checklist and plot plan. The order of work may vary from one snowfall to the next.
In the event of special circumstances, i.e., the snow turning to rain or freezing rain making removal efforts ineffective, permission may be sought from the COR or designee to discontinue the plowing or the de-icing or both.
Each snow/ice abatement call requires the inspection and acceptance of the COR or designee upon completion before payment for that work can be authorized.
Manpower and equipment used shall be sufficient to provide an initial clean sweep of the ICVAHCS in three (3) hours. Significant snow fall amounts (6+ inches) should not exceed 12 hours to complete snow removal.
A Snow Removal Timesheet is to be filled out at the end of each snow event. This will document what equipment was used, how much time was spent and everyone who worked. This will correspond to the invoice received for payment for each snow event.
This time sheet will be left with the COR or designee. After Time Sheet review is complete, any additions or corrections will be forwarded to the Contractor. Invoice for payment will then be submitted electronically in a timely manner.
The Contractor will check in/out through the ICVAHCS Boiler Plant when beginning work and exiting the medical center. The key/gate card will be returned at that time.
Whenever the work requires the Contractor to gain temporary access to government-controlled spaces, the Maintenance & Operations Supervisor will issue necessary keys/cards to the Contractor. The keys/cards issued are to remain on government property. The Contractor or his representative will be required to sign in receipt of any keys/cards issued and is responsible for returning them to the Maintenance & Operations Supervisor. In cases where keys/cards are lost or not returned to the government, funds in the amount of $100.00 for each key/core unit will be retained from the contract. The number of key/core replacements necessary to affect re-securing the areas will determine the total contract retainage.
The Iowa City VAHCS will provide space in Building 20 for Contractor to store snow removal equipment if needed.
• One garden-type tractor with blade
• One snow blower
• One dozen bags deicer/ice melt
• One skid loader
• Gasoline and/or diesel cans of OSHA-approved safety type. All equipment will be filled out of doors. Safety cans will be stored in flammables storage cabinet provided by the ICVA.
Snow Removal
Snow removal is typically needed from October through March. The Contractor shall remove snow, including drifts and piles, from all sidewalks, parking lots and roadways.
The Contractor will ensure that all fire hydrants, exits, and emergency vehicle lanes are always accessible.
All surfaces shall be in a safe condition before 6:00 AM Central Standard Time (CST) unless otherwise communicated by the COR.
The snow shall be removed when accumulation exceeds two (2) inches or within one hour after snowfall stops. This may require multiple snow/ice removals each day.
When snowfall is heavy or accumulations become excessive, the Contractor must move excess snow to onsite accumulation points identified by the COR or move the snow offsite. The Contractor is responsible for hauling snow off the ICVAHCS campus as needed, due to the limited amount of parking available on site. Snow piles will be removed from the facility when the Contractor is notified by the COR or designee within 3 days of notification.
The Contractor shall mobilize and report within one (1) hour from the time of notification by the Contracting Officer’s Representative (COR) or designee to treat traffic surfaces and action shall be continuous until treatment is no longer necessary. Notification can occur at any time, 24 hours a day, seven (7) days a week, including Holidays. A call to the contract may request to pre-salt specified areas when there is a forecast of snow. A two-hour minimum will be paid to the Contractor per call-in event.
Snow removal will be in such a manner that there will be no loss of parking or roadways, and if applicable blockage of sidewalks or steps. No snow can be pushed up against fencing, vehicle parking signs, or structures.
Roadway entrances/exits, bus stop passageways, sidewalks, and walkways obstructed by State and City snow plowing operations shall be kept clear by the Contractor.
All tables, benches, trash receptacles and bus stops shall be kept clear of ice/snow and obstructions.
Walks, crosswalks, and walkways in parking areas should be cleaned to bare concrete as much as possible. Snow should not be piles at entrances to city streets. Snow should not be piles on sidewalks. All crosswalks should be opened.
Ice Removal
The Contractor shall immediately remove ice to provide safe traversing and safe driving conditions. The ice shall be removed using the snow removal operations, or by using ice melt. The contract shall provide all ice melt/sand material and shall remove and dispose of excess sand accumulation.
Winter Walk Through
A walk through shall be done with the Contractor and the COR or COR designee of the property prior to winter snow season to review and document existing conditions of the campus.
Contractors are required and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions to the extent that the information is reasonably obtainable. Failure to inspect the site will in no way constitute grounds for a claim after contract award.
Any damage to VA property campus by the Contractor shall be repaired to its previous condition, or better, by the Contractor at no additional cost to the Government.
This is a fixed price contract with estimated hours.
B.3 PRICE/COST SCHEDULE
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 YR __________________ __________________
Snow Removal services for the Iowa City VAHCS - Base Year: 09/01/2024
- 08/31/2025 Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S218 - Housekeeping - Snow Removal/Salt
0001AA
60.00 JB __________________ __________________
- 08/31/2025 Skid Loader Work Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AB
- 08/31/2025 Truck / Blade Work Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AC
110.00 JB __________________ __________________
- 08/31/2025 Garden Tractor Work Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AD
100.00 JB __________________ __________________
- 08/31/2025 Shoveling Work Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AE
55.00 JB __________________ __________________
- 08/31/2025 Deicer Labor Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AF
500.00 EA __________________ __________________
- 08/31/2025 50lbs bag Deicer Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AG
50.00 JB __________________ __________________
- 08/31/2025 Sander Truck Work Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AH
50.00 EA __________________ __________________
- 08/31/2025 Loads of Sand/ Ice Melt Contract Period: Base
POP Begin: 09-01-2024 POP End: 08-31-2025
0001AJ
75.00 JB __________________ __________________
- 08/31/2025 Loads of Snow to Haul Away Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
0001AK
- 08/31/2025 Snow Blowing Contract Period: Base POP Begin: 09-01-2024 POP End: 08-31-2025
Snow Removal services for the Iowa City VAHCS - Option Year 1:
09/01/2025 - 08/31/2026 Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AA
09/01/2025 - 08/31/2026 Skid Loader Work Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AB
09/01/2025 - 08/31/2026 Truck / Blade Work Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AC
09/01/2025 - 08/31/2026 Garden Tractor Work Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AD
Snow Removal services for the Iowa City VAHCS - Option Year 1:
09/01/2025 - 08/31/2026 Shoveling Work Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AE
09/01/2025 - 08/31/2026 Deicer Labor Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AF
09/01/2025 - 08/31/2026 50lbs bags Deicer Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AG
09/01/2025 - 08/31/2026 Sander Truck Work Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AH
09/01/2025 - 08/31/2026 Loads of Sand / Ice Melt Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AJ
09/01/2025 - 08/31/2026 Loads of Snow to Haul Away Contract Period: Option 1 POP Begin: 09-01-2025 POP End: 08-31-2026
1001AK
09/01/2025 - 08/31/2026 Snow Blowing Contract Period: Option 1 POP Begin: 09-01-2025
POP End: 08-31-2026
Snow Removal services for the Iowa City VAHCS - Option Year 2:
09/01/2026 - 08/31/2027 Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AA
09/01/2026 - 08/31/2027 Skid Loader Work Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AB
09/01/2026 - 08/31/2027 Truck / Blade Work Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AC
09/01/2026 - 08/31/2027 Garden Tractor Work Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AD
09/01/2026 - 08/31/2027 Shoveling Work Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AE
09/01/2026 - 08/31/2027 Deicer Labor Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AF
Snow Removal services for the Iowa City VAHCS - Option Year 2:
09/01/2026 - 08/31/2027 50lbs bags deicer Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AG
09/01/2026 - 08/31/2027 Sander Truck Work Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AH
09/01/2026 - 08/31/2027 Loads of Sand / Ice Melt Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AJ
09/01/2026 - 08/31/2027 Loads of Snow to Haul Away Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
2001AK
09/01/2026 - 08/31/2027 Snow Blowing Contract Period: Option 2 POP Begin: 09-01-2026 POP End: 08-31-2027
Snow Removal services for the Iowa City VAHCS - Option Year 3:
09/01/2027 - 08/31/2028 Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AA
09/01/2027 - 08/31/2028 Skid Loader Work Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AB
09/01/2027 - 08/31/2028 Truck / Blade Work Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AC
09/01/2027 - 08/31/2028 Garden Tractor Work Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AD
09/01/2027 - 08/31/2028 Shoveling Work Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AE
09/01/2027 - 08/31/2028 Deicer Labor Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AF
09/01/2027 - 08/31/2028 50lbs bag Deicer Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AG
09/01/2027 - 08/31/2028 Sander Truck Work Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AH
Snow Removal services for the Iowa City VAHCS - Option Year 3:
09/01/2027 - 08/31/2028 Loads of Sand / Ice Melt Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AJ
09/01/2027 - 08/31/2028 Loads of Snow to Haul Away Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
3001AK
09/01/2027 - 08/31/2028 Snow Blowing Contract Period: Option 3 POP Begin: 09-01-2027 POP End: 08-31-2028
Snow Removal services for the Iowa City VAHCS - Option Year 4:
09/01/2028 - 08/31/2029 Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AA
09/01/2028 - 08/31/2029 Skid Loader Work Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AB
09/01/2028 - 08/31/2029 Truck / Blade Work Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AC
09/01/2028 - 08/31/2029 Garden Tractor Work Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AD
09/01/2028 - 08/31/2029 Shoveling Work Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AE
09/01/2028 - 08/31/2029 Deicer Labor Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AF
09/01/2028 - 08/31/2029 50lbs bags deicer Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AG
09/01/2028 - 08/31/2029 Sander Truck Work Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AH
09/01/2028 - 08/31/2029 Loads of Sand / Ice Melt Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AJ
09/01/2028 - 08/31/2029 Loads of Snow to Haul Away Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
4001AK
Snow Removal services for the Iowa City VAHCS - Option Year 4:
09/01/2028 - 08/31/2029 Snow Blowing Contract Period: Option 4 POP Begin: 09-01-2028 POP End: 08-31-2029
GRAND TOTAL __________________
B.4 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE
0001-4001 SHIP TO: Department of Veterans Affairs VA Iowa City Healthcare System 601 Highway 6 West Iowa City, IA 52246 2209
USA
1.00 09/01/2024 - 08/31/2029
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.
(End of Clause)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.4 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND
REMEDIES (FEB 2024)
(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—
(1) Israel, and the anticipated value of the acquisition is $50,000 or more;
(2) Mexico, and the anticipated value of the acquisition is $102,280 or more; or
(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $174,000 or more.
(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.
(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor.
(The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)
(d) Remedies.
(1) The Contracting Officer may terminate the contract.
(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.
(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.
(End of Clause)
C.5 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS (MAR 2023)
(a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.
(End of Clause)
C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)
C.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 https://veterans.certify.sba.gov/
(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 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…
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