S02 FINAL Combined Synopsis Solicitation 36C25624Q0796.pdf
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- Solicitation number
- 36C25624Q0796
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This is a Combined Synopsis/Solicitation for a federal contract opportunity. The Department of Veterans Affairs Gulf Coast Veterans Health Care System in Biloxi, MS is seeking a qualified contractor to provide Virtual Reality Training - "Train the Trainer" Event/Platform/Program for fire protection and safety, healthcare fires, and use of fire extinguishers. The government is looking for an experienced contractor to create a permanent virtual reality training platform that VA training facilitators can use to educate and train their staff.
This solicitation has been set aside 100% for Service-Disabled Veteran Owned Small Businesses (SDVOSBs) who are registered in the SBA VetCert database and meet the $34 million size standard for NAICS code 541512 - Computer Systems Design Services. Offers are due by May 3, 2024 at 3:00pm Eastern Time. The government intends to award a single firm-fixed-price contract to the SDVOSB offeror that provides the best value in terms of technical capability, past performance, and price.
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Combined Synopsis/Solicitation Notice
SUBJECT* Virtual Reality Training - “Train the Trainer” Event/Platform/Program, For Fire Protection & Safety / Health Care Fires and Use of Fire Extinguishers, Gulf Coast Veterans Health Care System, Biloxi, MS 39531
GENERAL INFORMATION
CONTRACTING OFFICE’S ZIP CODE* 39531
SOLICITATION NUMBER* 36C25624Q0796
RESPONSE DATE/TIME/ZONE 05-03-2024 1500 EASTERN TIME, NEW YORK,
USA
ARCHIVE 99 DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS N
SET-ASIDE SDVOSB
PRODUCT SERVICE CODE* U008
NAICS CODE* 541512
CONTRACTING OFFICE ADDRESS Department of Veterans Affairs
Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue BLDG 5 Rm 1A102 Biloxi MS 39531
POINT OF CONTACT*
C. Robert Oravetz / Contracting Officer Department of Veterans Affairs Network Contracting Office 16 Gulf Coast Veterans Health Care System 400 Veterans Avenue BLDG 5 Rm 1A102 Biloxi, MS 39531
PLACE OF PERFORMANCE
ADDRESS Department of Veterans Affairs Gulf Coast Veterans Health Care System ATTN: Engineering Service / Safety Office 400 Veterans Avenue BLDG 10 Biloxi MS
POSTAL CODE 39531
COUNTRY USA
ADDITIONAL INFORMATION
AGENCY’S URL https://www.va.gov/
URL DESCRIPTION VA
AGENCY CONTACT’S EMAIL ADDRESS christopher.oravetz@va.gov EMAIL DESCRIPTION CO e-mail address
This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulation (FAR 12.6) as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.
Solicitation number 36C25624Q0796 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03.
The Gulf Coast Veterans Health Care System, Biloxi, MS 39531 requires the following services for the facility: Virtual Reality Training -“Train the Trainer” Event/Platform / For Fire Protection & Safety / Health Care Fires and Use of Fire Extinguishers. The government is seeking a qualified, capable, and experienced contractor who can successfully provide Virtual Reality Training to employees of the Department of Veterans Affairs (VA) whereby a permanent virtual reality training platform/program will be created. Once created, this virtual reality training platform will be used by (VA) training facilitators to educate & train their staff.
The Performance Work Statement (PWS) contained within this solicitation is a non-negotiable document. Offers/quotes shall not include edits, revisions, additions, deletions, alterations, or track change comments to the Performance Work Statement (PWS). Questions or needed clarifications about the Performance Work Statement (PWS) shall be addressed via the submission of contractor questions about this solicitation.
The applicable NAICS code for this procurement is 541512-Computer Systems Design Services with an associated size standard of $34 million.
This solicitation has been set aside 100% for Service-Disabled Veteran Owned Small Businesses (Total SDVOSB Set Aside) who meet the following conditions: 1). Be actively registered and appear in SBA VetCert https://veterans.certify.sba.gov/ as a Service-Disabled Veteran Owned Small Business (SDVOSB) and 2). Meet the small business size standard requirement for the applicable NAICS code already referenced herein.
When preparing offers/quotes in response to this solicitation offerors shall refer to FAR 52.212-1 (Instructions to Offerors – Commercial Items), FAR 52.212-2 (Evaluation-Commercial Items), and Addendum FAR Part 52.212-2. These sections contain specific instructions, guidance, format, and exact requirements for what constitutes a complete and responsive offer/quote. As specified in these sections an incomplete and/or non-responsive offer/quote shall not be considered for a contract award by the contracting officer.
https://veterans.certify.sba.gov/
PAGE 3 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
520-24-2-198-0023
36C25624Q0796 04-24-2024
C. Robert Oravetz No Phone Calls 05-03-2024
1500 EDT
36C256 Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16
X 100
X
541512
$34 Million
N/A
X
36C256
Department of Veterans Affairs Gulf Coast Veterans Health Care System Engineering / Safety Office 400 Veterans Avenue BLDG 10 Biloxi MS 39531
36C256
Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16
FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically
1-877-489-6135 vafsccshd@va.gov
See CONTINUATION Page
Contractor shall provide a Virtual Reality Training "Train the Trainer" Event/Platform/Program in accordance with Performance Work Statement requirements for GCVHCS, Biloxi, MS 39531.
Contractor shall refer to the Performance Work Statement, the Schedule of Services (Price/Cost Schedule), and all other requirements and conditions that are contained within this solicitation that pertain to the execution of services and the completion of required deliverables.
Contractor shall refer to FAR 52.212-1, FAR 52.212-2, and Addendum FAR Part 52.212-2 when submitting quotes/offers in response to this solicitation.
This solicitation is set aside 100% for Service Disabled Veteran Owned Small Businesses only who actively appear in SBA VetCert as an SDVOSB.
See CONTINUATION Page
X X
X 1
C. Robert Oravetz, Contracting Officer
VA-VHA-RPOC-2023-0071
36C25624Q0796
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE & ITEM INFORMATION
B.3 PERFORMANCE WORK STATEMENT
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF
COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) 16
C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 17
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)
(DEVIATION) (JAN 2024)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 30
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 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY
NOTICE (FEB 2023)
E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV
2021)
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
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: To Be Determined
b. GOVERNMENT: Contracting Officer 36C256 C. Robert Oravetz
Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue BLDG 5 Rm 1A102 Biloxi MS 39531
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 successful project completion.
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.
Vendor e-Invoice Set-Up Information:
•Tungsten e-Invoice Setup Information: 1-877-489-6135 •Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com •FSC e-Invoice Contact Information: 1-877-353-9791 •FSC e-invoice email: vafsccshd@va.gov vafscenterprisesupport@va.gov
Additional information regarding invoicing can be provided via a request to the Contracting Officer.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov mailto:vafscenterprisesupport@va.gov
B.2 PRICE/COST SCHEDULE & ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 JB __________________ __________________
Virtual Reality Training - “Train the Trainer” Event/Platform/Program
For Fire Protection & Safety / Health Care fires and Use of Fire Extinguishers (in accordance with Performance Work Statement requirements)
PRINCIPAL NAICS CODE: 541512 - Computer Systems Design Services PRODUCT/SERVICE CODE: U008 - Education/Training - Training/Curriculum Development
GRAND TOTAL __________________
B.3 PERFORMANCE WORK STATEMENT
Performance Work Statement (PWS) Virtual Reality Training - “Train the Trainer” Event/Platform/Program
For Fire Protection & Safety / Health Care fires and Use of Fire Extinguishers Gulf Coast Veterans Health Care System (GCVHCS)
400 Veterans Avenue (Engineering/Safety Office) Biloxi, MS 39531
1. INTRODUCTION: The Gulf Coast Veterans Health Care System (GCVHCS) (Biloxi, MS) requires the following services for the facility: Virtual Reality Training -“Train the Trainer” Event/Platform / For Fire Protection & Safety / Health Care Fires and Use of Fire Extinguishers. The government is seeking a qualified, capable, and experienced contractor who can successfully provide Virtual Reality Training to employees of the Department of Veterans Affairs (VA) whereby a permanent virtual reality training platform/program will be created. This virtual reality training platform/program will encompass and/or otherwise address operating room fires and the proper use of fire extinguishers. Once created, this virtual reality training platform will be used by (VA) training facilitators to educate & train staff in the following areas: 1). Fire Protection and Safety (Fires in operating rooms) and 2). Proper use of fire extinguishers. All training conducted and any platforms/programs created shall include or otherwise incorporate the requirements, guidelines, and recommendations (for Fire Protection and Safety) from the National Fire Protection Association (NFPA). Website: https://www.nfpa.org/
2. ACQUISTION HISTORY: This is a new requirement for the facility and these services have not been previously procured by the facility under any contractual agreement with any incumbent contractor (which includes the purchase of these services with a government purchase card).
3. OBJECTIVE: This acquisition consists of a one time “Train the Trainer” event to include a Virtual Reality
Platform/Program that is created by the contractor. The overall purpose is establish a permanent training medium available to VA staff (who will later use this Virtual Reality Platform/Program to train others).
Once VA staff are properly trained (following the “Train the Trainer” event) and once the Virtual Reality platform/program is permanently created future training events will then be executed solely by Department of Veterans (training) personnel. A long-term commitment from, participation by, and future add-ons/enhancements to this virtual reality training platform/program are not included as part of this acquisition.
This procurement consists of a one-time project/event that ends when completed. Contractor shall be required to provide/furnish all attributes, features, required specifications, add-ons, and other offerings upon creation of the Virtual Reality platform/program. The “Train the Trainer” event shall be all inclusive when https://www.nfpa.org/ conducted without the need for follow on or follow up sessions that would be needed over a long-term period. Once the Virtual Reality Platform/Program is created (and later implemented) the government will own all rights to this platform/program which includes but is not limited to licenses, copyrights, etc. for the government’s exclusive use.
4. GENERAL: This is a non-personnel services requirement. The contractor shall provide all management, supervision, labor, transportation, related accommodations associated with travel to/from performance locations, tools, materials, parts, and other items necessary to perform work, execute services, and to successfully complete all deliverables as contained within this Performance Work Statement. The Government shall not exercise any supervision and/or control over contractor personnel (which includes contractor service providers, contractor representatives, and/or subcontractors employed with (and/or being utilized by the prime contractor) during all active performance periods of the final contract when executed.
All contractor personnel shall be accountable solely to the Contractor, who in turn is responsible to the Government.
5. BACKGROUND: Virtual reality training is a digital simulation of real-world scenarios for the purpose of learning. This training uses specialized technology like headsets, surround sound, and gaming controllers to teach trainees new skills in a completely digital environment. Generally speaking, trainees enter a 360°, active learning environment, experiencing sights and sounds that dissolve the barrier between virtual and actual reality. Virtual reality training can be used for various purposes, which includes but is not limited to teaching new employees how to use certain equipment, systems, or software, providing disaster preparedness training, and/or training personal on how to adequately respond to emergency situations or events. Benefits of virtual reality training are 1). Virtual reality training places trainees in simulated environments to learn and practice new skills with minimal real-world risks, 2). Virtual reality is an alternative but effective way to train employees in technical skills, leadership, response, and in other areas, and 3). Virtual reality helps to train employees faster by enabling them to retain the information that is learned for longer periods of time.
6. SCOPE OF SERVICES: Contractor shall develop an interactive Virtual Reality program/platform and conduct a “Train the Trainer” event based on the needs of the Biloxi, MS VA Medical Center. This Virtual Reality Training platform/program will consist of, contain, and/or otherwise encompass the following below.
Virtual Reality Program/Platform 1). Health Care Fires: Fire hazard identification, proper response, and appropriate mitigation efforts for fire/flames. The focus will be as followed:
a. Fire Safety Response of staff in various scenarios related to healthcare.
(1) Direct patient care inpatient
(2) Direct patient care outpatient
(3) administrative
b. The user will have the option of choosing setting of the scenario:
(1) Clinic
(2) Waiting room
(3) Operating room
(4) Treatment room
(5) Grounds (VA Property)
(6) Office
(7) Mental Health Inpatient ward
c. The user will have the option of choosing the correct fire extinguishing:
(1) ABC
(2) Type K (for kitchens)
(3) Halotron (Electronics, Data and Operating room)
(4) Water Mist (MRI)
d. The user will have the option of choosing type of evacuation:
(1) Horizontal evacuation
(2) Vertical Evacuation (include review of sled 2 go evacuation devices)
e. The user will have the option what to do with medical Gases:
(1) Turn off medical Gases
(2) Contact Nurse Manager or Charge Nurse or Her/His designee to determine when to secure medical gas during a fire emergency.
2) Other issues to be included in the training:
(1) OR special fire concerns (use of oxygen, lasers, other combustibles)
(2) Special procedures in mental health and dementia areas: Activate the alarm by inserting the PC-1 key, The PIV badge and/or PC-1 key permits entry/exit to the unit, The PC-1 key opens stairwell doors, The PC-1 key opens Fire Extinguisher cabinets.
3. Concepts to be included.
(1) R.A.C.E. Procedures: R – Rescue anyone in need including non-ambulatory patients/visitors/staff, A- Activate alarms. (Pull station alarms are located near every stairwell exit or within 5 feet of an exit door), C- Contain a fire by simply closing the door to all spaces as you evacuate, E – Extinguish/Evacuate.
(2) Extinguishing A Fire: The acronym P.A.S.S. will help you remember how to use a fire extinguisher: P – Pull, A – Aim, S – Squeeze, S - Sweep
“Train the Trainer” Event 1). Contractor shall adequately train VA facilitators/trainers to an appropriate level with required competencies on the Virtual Reality Program/Platform that is created. Training shall be at a level which will enable trained VA personnel to appropriately train other VA staff on the curriculums stated herein with use of this program/platform at later dates.
7. SPECIFICATIONS: The Virtual Reality Program/Platform created must have or otherwise contain the following:
• Incorporation of National Fire Protection Association (NFPA) guidelines and recommendations for fire protection and safety as part of the training curriculum.
• Accessible or viewable on desktop computers or function on stand-alone units such as Oculus VR headsets or Pico Neo 3 VR headsets.
• Built in, automatic scoring system within the Virtual Reality Program/Platform that will indicate pass or fail assessments for users completing training and/or other scenarios.
• Capability to incorporate settings from existing buildings located with Gulf Coast Veterans Health
Care System, 400 Veterans Avenue, Biloxi, MS 39531 into the program as settings.
• Capability to include familiar faces and likenesses as part of the program/platform (i.e. the Hospital
Director, Chief of Police, Head Nurse, Safety Staff etc.) as passerby’s, interactive characters, and/or background personnel when using this platform/program.
8. LOCATION OF PERFORMANCE: Work will be performed, services will be executed, and deliverables will be completed at the Gulf Coast Veterans Healthcare System, 400 Veterans Avenue, Biloxi, MS 39531 when scheduled. It is not required that the contractor be on site to furnish these services if a virtual, remote, and/or off site environment is more conducive to mission accomplishment.
9. PERIOD OF PERFORMANCE: The expected start date of performance is within thirty (30) days following contract award until project completion. Period of performance for this acquisition shall not exceed twelve (12) months / One (1) year unless authorized by the contracting officer.
10. WORK HOURS AND SCHEDULE: All performance of work, execution of services, and completion of deliverables shall be accomplished during the facility’s normal business hours, 7:30 a.m. to 4:30 p.m.
Monday through Friday, Federal Holidays excluded. For all efforts required by the contractor under the final contract proper coordination shall be initiated between the contractor and the government to ensure that services, work, and completion of tasks/deliverables can be performed/executed/completed when scheduled.
Any work, services, and/or other tasks performed during other than normal business hours must be approved in advance by the Contracting Officer Representative (COR), Contracting Officer, authorized facility representative and/or other authorized facility designee before such work begins. The Federal Holidays that are currently being observed by the facility are listed in the table below.
New Year’s Day January 1 Martin Luther King‘s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth Independence Day June 19th Independence Day July 4 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
Other Federal Holidays (that could occur) Any other day specifically declared to be a national holiday (per Federal Statute, Executive Order, or by the President’s Proclamation).
An alternative schedule (different from the schedule described above) may be utilized if there is mutual agreement between the government and the contractor regarding this alternative schedule if implemented.
11. CONFIDENTIALITY AND NONDISCLOSURE
1. The preliminary and final deliverables, and all associated working papers and other material deemed relevant by VA which have been generated by the contractor in the performance of the final contract, are the exclusive property of the U.S. Government and shall be submitted to the appropriate government representative at the end date of the final contract.
2. The Contracting Office (CO) will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to the final contract. No information shall be released by the contractor. Any request for information relating to the final contract that has been presented to the contractor, shall be submitted to the Contracting Officer for an official response.
3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the contracting officer.
12. OTHER REQUIREMENTS:
12.1 Identification and Badges: Any individual performing work under this contract shall wear a badge or other identification while on site that is clearly displayed at all times. While on site, any person performing work directly or indirectly must be in a position to specify their authorized purpose for their presence at the facility in the event that such information is requested by VA facility personnel.
12.2 Parking: It is the responsibility of the contractor to park in the appropriate designated parking areas, to avoid ticketing or towing. Information on parking is available from the facility if requested by the contractor.
12.3 Contract Administration: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor makes any such change at the direction of any person other than the
Contracting Officer, this change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. All changes to the contract will be issued via an amendment and/or modifications in writing from the Contracting Officer to the Contractor.
12.4 Invoicing and Payment: Contractor is authorized prompt payment in accordance with (IAW) applicable regulation following the successful performance of work, execution of services, and completion of required deliverables. Contractor invoices shall be submitted IAW VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoices submitted for payment must be detailed to the extent necessary to reflect the work done and the services performed during the time periods when completed so an accurate assessment can be made by the facility for certification of these invoices for payment. Advance payments are not authorized. Contractor is also not authorized payment for anticipated/expected work, for future work not performed, for work not contractually defined, not specifically authorized, or not officially incorporated within the final contract by the contracting officer, and/or for work that was not successfully completed.
SECTION C - CONTRACT CLAUSES
FAR
Number
Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
APR 1984
52.246-4 INSPECTION OF SERVICES—FIXED-PRICE AUG 1996
C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause)
C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-
DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and
(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.
(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).
(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).
(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13
CFR 128.102).
(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.
(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.
(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By 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)
C.4 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)
C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.
Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
(End of Addendum to 52.212-4)
C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (DEC 2023) (DEVIATION) (JAN 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.
L. 109–282) (31 U.S.C. 6101 note).
[] (6) [Reserved]
[] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
[] (ii) Alternate I (DEC 2023) of 52.204–30.
[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[] (14) [Reserved]
[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (17) [Reserved]
[] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[] (20) 52.219-8, Utilization of Small Business Concerns (SEP…
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