Solicitation 36C24726Q0437.docx

36C24726Q0437

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

544-26-4-5089-0758

04-13-2026 Stanley Turner 205-984-0594 04-30-2026 12:00pm

EDT

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

X

238990 $19 Million

N/A

Department of Veterans Affairs WJB Dorn VA Medical Center

6439 Garners Ferry Road Columbia SC 29209

Department of Veterans Affairs VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page Subject: Flagpoles Replacement Service

Please reference RFQ# 36C24726Q0437 and Title on ALL email correspondence, and submission documents.

Site Visit is scheduled for April 21, 2026, at 9:00am EST.

Meeting location is 6439 Garners Ferry Rd. Columbia, SC.

See Section E.3 Site Visit for meeting location.

To be considered, please Complete Fill-in Clause VAAR 852.219-75, Provisions 52.209-2.

Contracting POC: Contract Specialist, Stanley Turner Stanley.turner@va.gov

Questions regarding this solicitation shall be submitted no later than April 23, 2026, at 12:00 PM EST, unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Note: Telephone requests for information will not be accepted.

See CONTINUATION Page x

Table of Contents

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 36C247

VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

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

3. INVOICES: Invoices shall be submitted in arrears:

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:

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Flagpoles Replacement Service

1. REQUIREMENT:

This requirement is for a one-time, firm-fixed-price service for the supply and installation of 50 commercial flagpoles on behalf of the Columbia VA Health Care System (VAHCS), WJB Dorn VA Medical Center (VAMC), located in Columbia, South Carolina.

2. BACKGROUND:

The WJB Dorn VA Medical Center (VAMC) is a 216-bed facility, encompassing acute medical, surgical, psychiatric, and long-term care. The hospital is located in Columbia, South Carolina and provides primary, secondary, and some tertiary care.

3. PERIOD OF PERFORMANCE:

The period of performance shall be completed within 120 days from the date of award.

All work shall be performed during normal business hours, 8:00 a.m. – 4:00 p.m., Monday through Friday, excluding all federally observed holidays. No overtime is authorized for this requirement.

Federal Holidays New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25

4. PLACE OF PERFORMANCE:

WJB Dorn VA Medical Center 6439 Garners Ferry Road Columbia, SC 29209

5. PERFORMANCE REQUIREMENTS:

A Contracting Officer Representative (COR) and/or Alternate Contracting Officer Representative (ACOR) shall be assigned to this procurement. Written notification of the assigned COR/ACOR will be provided to the Contractor after award. All scheduling of work shall be coordinated through and approved by the designated COR/ACOR or alternate designee, prior to commencement of any work.

· Scheduling of work performance shall be arranged through the designated COR/ACOR assigned.

· A mandatory pre-proposal site visit is required during the solicitation phase. The site visit shall be coordinated between the Contracting Officer (CO) and the COR. Questions submitted during the site visit will be recorded but will not be answered on-site. Following the site visit, all questions and answers will be distributed to all offerors via the CO only

· The Contractor shall furnish all labor, materials, equipment, transportation, and supervision necessary to remove the existing flagpoles and footings, install new ground sleeves, and set new commercial-grade flagpoles along the facility's "Avenue of Flags" as described herein.

· The Contractor shall complete the following as a single, integrated scope of work:

· Remove and dispose of all 50 existing flagpoles and their concrete footings

· Install 50 new galvanized steel ground sleeves at the existing pole locations

· Repour concrete around each ground sleeve, flush with the existing sidewalk surface

· Furnish and install 50 commercial-grade aluminum flagpoles per specifications below

· Install all associated hardware including flash collars, rope cleats, and toppers.

The Contractor shall:

· Remove all 50 existing flagpoles from their current locations along the Avenue of Flags.

· Remove all existing concrete footings in their entirety. No footing remnants shall be left in place.

· Haul away and legally dispose of all removed poles, footings, hardware, and debris off VA property. No material shall be stockpiled or abandoned on site.

· Take extreme care during removal operations to protect surrounding landscaping, shrubs, trees, sidewalks, custom memorial bricks, benches, and any other items in or adjacent to the work area.

· Any damage to the site caused by demolition activities shall be repaired by the Contractor at no additional cost to the Government (see Section 5.10, Protection of Property).

The Contractor shall install new ground sleeves at the same locations as the existing poles. Ground sleeves shall be installed in strict accordance with the manufacturer's installation instructions and the following requirements:

Foundation Excavation:

· Excavate each hole to the dimensions required for a 20-foot flagpole per the manufacturer's specification table:

· The hole diameter shall be increased (beyond the minimum) when installing in soft, sandy, or disturbed soil to ensure a stable foundation.

· Drainage:

· Place approximately 6 inches of clean crushed rock or coarse gravel at the bottom of each hole to facilitate drainage before setting the sleeve.

· Ground Sleeve Specifications:

· Material: PVC

· Size: 24-inch sleeve for 20-foot pole height (per manufacturer dimension table)

· The sleeve shall be centered in the hole and held plumb (using a level on two sides, 90 degrees to each other) while concrete is poured.

· Concrete Placement:

· Mixed-on-site (site-batched) Portland cement or equal, shall be used. Ready-mix/transit-mix concrete is not acceptable for this application.

· Pour concrete around the sleeve, taking care to prevent any concrete from entering the interior of the sleeve.

· Continue filling until the concrete surface is flush with the existing sidewalk grade, or within 1 inch of the top of the sleeve, whichever is applicable to the flash collar detail.

· Maintain the sleeve in the plumb position throughout the pour.

· Allow concrete to cure for a minimum of 24 hours before inserting the flagpole. Do not disturb the sleeve during curing.

· Flash Collar:

· Furnish and install a flash collar over each sleeve to provide a finished, weathertight appearance at the base of each pole.

· The flash collar shall cover the top of the sleeve and the concrete-to-sleeve interface. It shall be dropped into place after the pole is plumbed and shimmed (see Section 5.6).

· Flagpole Furnishing and Installation:

· The Contractor shall furnish and install 50 commercial-grade aluminum flagpoles meeting the following specifications:

· Installation Procedure:

· The Contractor shall raise and set each pole in accordance with manufacturer instructions and the following requirements:

· Slide the flash collar onto the pole from the bottom (or top, if the bottom is too tight) prior to insertion.

· Raise the pole with sufficient personnel – a minimum of one to two persons is required for a 20-foot pole.

· Gently lower the pole into the ground sleeve. Do not drop or force the pole.

· Rotate the pole within the sleeve until the cleat faces the desired direction (generally toward the sidewalk for ease of access).

· Plumb the pole by using cedar shingles or shims at the base to achieve true vertical. Use a level to verify plumb on at least two sides, 90 degrees apart. Leave shims in place.

· Once plumb is confirmed, fill the annular space between the pole and the sleeve with dry, fine sandbox-grade sand, packed firmly to the top of the sleeve. The sand secures the pole and allows for removal if future replacement is needed.

· Trim or break shims flush with the top of the sleeve.

· Drop the flash collar down to cover the sleeve base area and the pole-to-sleeve interface.

· Attach the finial (topper) to the rotating truck and tighten the lock nut securely to prevent loosening.

· Attach the nylon rope cleat to the pole using the two provided machine screws driven into the stainless-steel inserts on the pole face.

· Secure the halyard (rope) to the cleat.

· Each installed flagpole shall be:

· Perfectly plumb – no leaning in any direction

· Free of movement, wobbling, or play at the base

· Assurances should be taken to ensure that all 50 flagpoles are at a consistent height

· Fully functional with all hardware properly installed and operational prior to acceptance.

· Concrete Restoration:

· Where concrete has been removed, disturbed, or damaged as part of this project, the Contractor shall restore the affected area as follows:

· All concrete repairs and repours shall use site-batched Portland cement or equal. Ready-mix/transit-mix concrete is not acceptable.

· Finished concrete surfaces shall be flush with the adjacent sidewalk grade.

· Repoured and repaired concrete shall match the surrounding concrete in color, texture, and finish to the greatest extent possible.

· Concrete shall be properly consolidated, finished, and cured. No cracking, voids, or settlement will be accepted.

· The Contractor is responsible for protecting fresh concrete from foot traffic, vehicles, weather, and other hazards until adequate strength is achieved.

· Warranties:

· The Contractor shall provide copies of all manufacturer warranty documents to the COR at the time of final acceptance.

· Site Control and Traffic Management:

· The Contractor shall establish and maintain adequate site controls throughout the duration of work:

· The work area shall be clearly delineated with construction fencing, barricades, or equivalent barriers prior to the commencement of any work.

· Barriers shall prevent unauthorized access by both pedestrians and vehicles to the active work zone at all times.

· The Contractor shall coordinate with the COR to maintain pedestrian access to Building 100 and the main hospital entrance at all times, with a safe, clearly marked alternate path provided if necessary.

· No tools, equipment, or materials shall be left in unsecured open areas during breaks, lunch periods, or at the end of each workday.

· All debris, excess material, and waste shall be removed from the campus at the close of each workday.

· Protection of Property:

· The Avenue of Flags contains custom memorial bricks, benches, mature landscaping, and other commemorative features of significant importance to the VA and the Veterans it serves. The Contractor shall exercise the highest degree of care in the vicinity of these items.

· Landscaping and Vegetation:

· The Contractor shall take all practicable measures to protect existing shrubs, trees, groundcovers, and turf within and adjacent to the work zone.

· Any vegetation damaged or destroyed as a result of Contractor operations shall be replaced in kind at the Contractor's expense. Replacement vegetation shall match the original in species, variety, size, and growth classification.

· Hardscape and Structures:

· Any damage to sidewalks, curbs, memorial bricks, benches, or other hardscape caused by the Contractor shall be repaired or replaced by the Contractor at no cost to the Government.

· All concrete repairs shall match the surrounding surfaces in material, color, and finish quality.

· Ready-mix/transit-mix concrete is not acceptable for any repairs.

· Damage Notification and Repair Timeline:

· The COR will formally notify the Contractor in writing of any identified damage prior to contract close-out.

· All repairs required by COR notification shall be completed within thirty (30) calendar days of the notification date.

CHECK-IN REQUIREMENTS:

The Contractor and all Contractor personnel shall check in with Engineering Service, Building 100 inside the Engineering Control Center (ECC), prior to commencing work each day. Upon completion of work each day, the Contractor shall check out with Engineering Service. This requirement is in place to ensure personnel accountability and emergency contact capability.

SAFETY REQUIREMENTS:

The Contractor shall comply with all applicable OSHA standards and VA safety requirements throughout performance. At minimum:

· All personnel shall wear appropriate personal protective equipment (PPE) for their assigned tasks at all times in the work zone.

· All tools and equipment shall be secured when not in use and removed from open areas during breaks, lunches, and at the end of each workday.

· The Contractor shall immediately report any unsafe conditions or incidents to the COR.

· WJB Dorn VA Medical Center is a 100% smoke-free campus. Smoking is strictly prohibited in all areas of the facility and on the grounds.

Final Inspection and Acceptance:

Upon completion of all work, the Contractor shall notify the COR to schedule a formal final inspection. Acceptance will be withheld until:

· All 50 flagpoles are installed, plumb, secure, and fully operational

· All hardware (halyards, cleats, toppers, flash collars) is installed and functional on every pole

· All concrete work is complete, flush, and matching surrounding surfaces

· All removed materials and debris have been disposed of off VA property

· All property damage has been repaired and accepted by the COR

· All warranty documentation has been submitted to the COR.

6. TERMINATION FOR CONVENIENCE:

In accordance with FAR 52.212-4 (l) 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 be entitled to compensation only as provided in FAR 52.212-4(l).

7. RECORDS MANAGEMENT AND CONTRACT SECURITY

A. Contractor shall comply with VA Handbook 6300.1 Records Management Procedures and VA Handbook 6500.6 Contract Security. Both can be found at:

https://www.va.gov/vapubs/search_action.cfm?dType=2

**Note: This link is the complete list of VA Handbooks and are in sequential order.

**Instructions for accessing VA Handbooks at link listed above:

• Click on link above and once it is opened, please scroll down on the left side until you get to VA Handbook 6300.1.

• Once there, go to the PDF Format Column and click on PDF.

• VA Handbook 6300.1 will then ask you to open or save the document.

B. Please follow the same instructions listed above for accessing VA Handbook 6500.6.

· All contractor employees working on this requirement are required to complete mandatory annual training entitled, “VA Privacy and Information Security Awareness” and “HIPPA Training” prior to providing service for each year of the contract with copies sent to the COR for each and available for audit as requested. The course numbers are VA10203 and VA 10176. You must select that you are a contractor. Contractor employees are to self-enroll into TMS via the link: https://www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do

· A VA employee will escort the contractor when contractor is required to enter/work in sensitive areas.

IDENTIFICATION, SMOKING AND VA REGULATIONS

The Contractor's FSE shall wear visible identification always while on the premises of the Columbia VAMA. Contractor shall contact the Contracting Officer’s Representative (COR) upon contract award, to receive instructions on how to obtain a VA Identification Badge during the performance of this contract. Columbia VAMA is a smoke-free campus which includes both tobacco and e-cigarettes; tickets can be issued by Police Services. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. Photography or Video on medical center premises is strictly prohibited. Additionally, pursuant to 38 CFR 1.218(b) (23) Use of recording devices of any kind to record patients or employees is strictly prohibited.

“VA Notice of Limitations on Subcontracting - Certificate of Compliance: To be eligible for evaluation and consideration for award, offerors must return the entire Limitations on Subcontracting Certificate of Compliance clause containing a fully completed certification at the time offers are due or the offer will be rejected and not forwarded for evaluation. In addition to completing the offeror ‘fill-in’ requirements for this clause, offerors must insert the offeror’s name in the brackets containing the following verbiage “[Insert Name of Offeror]” to have a fully completed certification.”

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide all necessary labor, tools, equipment and materials and expertise necessary for the supply and installation of 50 commercial flagpoles on behalf of the Columbia VA Health Care System (VAHCS), WJB Dorn VA Medical Center in accordance with the SOW.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

52.212-4

52.219-27

52.219-28

52.222-41 52.222-42

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE SDVOSB PROGRAM (DEVIATION)

POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (DEVIATION)

SERVICE CONTRACT LABOR STANDARDS (DEVIATION)

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

NOV 2023

NOV 2025

NOV 2014

52.237-2

852.203-70

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

COMMERCIAL ADVERTISING

APR 1984

MAY 2018

(End of Clause) C.2 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MARCH 2026)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when [physical] access to VA facilities, [and/or logical access to VA information and] [VA] information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require [physical] access to VA facilities, [and/or logical access to VA information and] or [VA] information systems.

(End of Clause)

C.3 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MARCH 2026)

(a) Definitions. As used in this clause – VA Information system is the same as information system and means, pursuant to 38 U.S.C. 5727, a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.

VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

(b) General. Contractor personnel assigned to work for or on behalf of VA must undergo a background investigation commensurate with the risk and sensitivity level designation associated with the work to be performed at the level indicated in the contract. The Contractor and subcontractors shall comply with VA Directive/Handbook 0710, Personnel Security and Suitability Program, which can be accessed at: https://vaww.va.gov/vapubs/index.cfm

(c) Risk and Sensitivity Levels. The following table identifies the risk and sensitivity levels that apply to any personnel providing services under this contract.

*VA Administrations, organizations and staff offices will use the OPM Position Designation Tool.

Positions/Tasks Designated as Non-Sensitive Positions - Tier 1/Low Risk

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 1/Low Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 1/Low Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 1/Low Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 1/Low Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 1/Low Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 1/Low Risk]

Positions/Tasks Designated as Non-Sensitive Positions - Tier 2/Mod Risk

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 2/Mod Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 2/Mod Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 2/Mod Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 2/Mod Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 2/Mod Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 2/Mod Risk]

Positions/Tasks Designated as Non-Sensitive Positions - Tier 4/High Risk

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 4/High Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 4/High Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 4/High Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 4/High Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 4/High Risk]

[Contracting Officer to enter position or task number, if all positions fulfilling a task are Tier 4/High Risk]

Security clearances are granted to individuals with a specific requirement for access to classified material (for example, Confidential, Secret and Top Secret). Contractor personnel that are required to obtain a security clearance will be subject to a Tier 3 or Tier 5 investigation. The following sensitivity designations have been assigned for the identified Tier 3 and Tier 5 required by this contract:

Tier 3: [Contracting Officer to enter “Non-Critical” or “Not Applicable” if no positions are identified as Tier 3] Tier 5: [Contracting Officer to enter either Critical Sensitive and/or Special Sensitive, or “Not Applicable” if no positions are identified as Tier 5]

(d) Fitness. The results from a background investigation are used to determine if an individual’s fitness is sufficient for that individual to perform work for or on behalf of VA in the position identified in this contract. Contractor fitness determinations are made in accordance with 5 CFR Part 731.202.

Fitness requirements for employment are separate and distinct from job qualifications. If a Contractor or subcontractor employee is found to be unsuitable or unfit to provide services under this contract, the Contractor shall immediately remove the employee from working on this contract and take those necessary steps that restrict the employee’s logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information.

The Contractor shall advise the employee that they are not permitted to access any VA controlled building or real property in relation to this contract.

The removal of an unfit Contractor or subcontractor employee does not alleviate the Contractor from satisfying the requirements of this contract. The Government will not reimburse the Contractor for any costs associated with the recruitment/replacement of an employee or subcontractor employee who is found to be unfit.

(e) Identification Cards. The Government will provide a Personal Identification Verification (PIV) card or other identification card, as necessary, to fit Contractor personnel who require physical access to VA facilities and/or logical access to VA data, information, VA sensitive information, or information technology or VA information systems containing such data or information. Contractor and subcontractor personnel shall prominently display their PIV/identification card on their persons while working at a VA facility and shall present their PIV/identification card for inspection upon request by a VA official. The Contractor must surrender the employee or subcontractor employee’s PIV/identification card in accordance with the requirements set forth in Directive/Handbook 0735 when any of the following events occur:

1. When no longer needed for contract performance.

2. Upon completion of the Contractor/subcontractor employee’s employment.

3. Upon contract completion or termination.

(f) Lost/stolen. Immediately upon detection, the Contractor shall report a lost or stolen PIV/identification card to the Government authorities as identified in Directive/Handbook 0735. Within 48 hours of reporting the lost/stolen PIV/identification card, the Contractor shall submit to the Program Manager an incident report that describes the relevant facts and circumstances regarding the loss/theft. If the loss/theft was reported by the Contractor to the local police, the Contractor shall further submit a copy of the final police report to the Program Manager within 48 hours of the report being made available by the local police department. The Government will not reimburse the Contractor for any costs that result from lost/stolen PIV/identification card(s).

(g) Regular Reporting. The Contractor shall submit a status report to PIV Sponsor within 5 working days after the end of each calendar quarter and as requested by the Government in order to initiate contract closeout procedures. The report must provide the status of each contractor/subcontractor employee who is required to have a PIV/identification card during the performance of the contract. The report shall identify the Contractor and the contract number, and list the following status for each contractor/subcontractor employee who holds a PIV/identification card under this contract:

1. Contractor/subcontractor employee name.

2. Name of VA facility where Contractor/subcontractor employee works, if applicable.

3. Date background check submitted for Contractor/subcontractor employee.

4. Date PIV/identification card issued to Contractor/subcontractor employee.

5. Contractor/subcontractor employee’s PIV/identification card number, as applicable.

6. Date Contractor/subcontractor employee no longer has need for PIV/identification card.

7. Date Contractor notified VA that PIV/identification card is no longer required.

8. Date Contractor returned PIV/identification card was returned to VA.

(h) Flow down of clause. The Contractor shall include the substance of this clause in subcontracts, third-party agreements, and BAA’s, in which subcontractors, third-party servicers/employees, and business associates will perform functions where they will have physical access to a VA facility or logical access to VA data, information, VA sensitive information, or information technology or VA information system containing such data or information.

(End of Clause) C.4 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.5 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.6 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.