B502--RO317 | Air Qualityy Testing Q&A|

General Information

Action Code:

Combined Synopsis Solicitation

Document Type:

RFQ

RFQ Number:

36C10E22Q00049

Posted Date:

September 25, 2022

Response Date:

October 14, 2022

Classification Code:

B502 (Special Studies/Analysis-Air Quality)

Set Aside:

100% SDVOSB Set-Aside

NAICS Code:

541620 (Environmental Consulting Services)

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The government anticipates award of a single firm fixed price contract. A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

Solicitation 36C10E22Q0004 is issued as a request for quote (RFQ).

The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-09, effective September 10, 2021 and VAAR 2021, effective September 16, 2021.

The combined synopsis/solicitation is set aside for Service- Disabled Veteran-Owned Small Business (SDVOSB) concerns only. Only quotes submitted by Service-Disabled Veteran-Owned Small Business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a verified Service-Disabled Veteran-Owned Small Business in VIP will not be considered for award. The applicable NAICS Code for this solicitation is 541620 and the Small Business Size limitation is $7 Million. Offers from SDVOSB concerns must be registered and verified in the Center for Verification and Evaluation (CVE) Vendor Information Pages (VIP) website at https://vetbiz.va.gov/vip/ at the time and date set for receipt of offers and at the time and date of award to be considered for award. Offers from SDVOSB concerns that are not registered shall be rejected as non-responsive and shall not be considered for award.

The contractor shall provide all labor, supervision equipment, to conduct Air Quality Tests and results for the by the Department of Veterans Affairs, Veteran Benefits Administration (VBA) Support Services Division, Bay Pines, Florida, Regional Office.

Please provide pricing for Line Items 0001 - 4001 as shown in the price schedule listed:

PRICE/COST SCHEDULE

ITEM NUMBER

DESCRIPTION OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001

4.00

QTR

___________

______________

Air Quality Test per the requirements of the enclosed Statement of Work.

Contract Period: Base

POP Begin: 11-01-2021

POP End: 10-31-2022

PRINCIPAL NAICS CODE: 541620- Environmental Consulting Services

PRODUCT/SERVICE CODE: B502 Air Quality Analysis

1001

4.00

QTR

___________

______________

Air Quality Test per the requirements of the enclosed Statement of Work.

Contract Period: Option 1

POP Begin: 11-01-2022

POP End: 10-31-2023

PRINCIPAL NAICS CODE: 541620- Environmental Consulting Services

PRODUCT/SERVICE CODE: B502 Air Quality Analysis

2001

4.00

QTR

___________

______________

Air Quality Test per the requirements of the enclosed Statement of Work.

Contract Period: Option 2

POP Begin: 11-01-2023

POP End: 10-31-2024

PRINCIPAL NAICS CODE: 541620- Environmental Consulting Services

PRODUCT/SERVICE CODE: B502 Air Quality Analysis

Description of Requirement / Statement of Work

1. GENERAL

1.1 Introduction. This document contains instructions governing the required content of proposals, terms governing this procurement process, a description of the services sought by Bay Pines, Florida VA Regional Office Support Services Division, requirements that a respondent must satisfy to be eligible for consideration, evaluation criteria, a description of standard contract terms and conditions, and other requirements that must be satisfied in each proposal. Contractor shall provide all labor, equipment, transportation, quality control and supervision to fulfill effectively and efficiently all the requirements of this Statement of Work (SOW).

To ensure a safe working environment at the Bay Pines, Florida, Department of Veterans Affairs Regional Office (VARO). Indoor Air Quality Tests will be conducted throughout the facility each year at each work unit as marked in exhibit 1. Fourteen individual indoor and two individual outdoor tests will be conducted during each quarterly testing.

1.2 Scope of work. The Contractor will:

1.2.1 Identification - The Contractor shall comply with all local, state, and federal environmental, health, and safety regulations while conducting testing and ensure that all work is following the applicable codes.

With the aid of exhibit 1 identify the areas requiring Indoor Air Quality Tests.

1.2.2 Indoor Air Quality Tests Conduct the Indoor Air Quality Tests at 25% of the marked locations in exhibit 1 on a quarterly basis, covering all 50 areas annually.

1.2.3 Outdoor Air Quality Tests Conduct 2 Outdoor Air Quality Tests. The 2 outdoor air quality tests will be conducted, at a minimum, 6 months apart.

1.2.4 Reporting and Recommendations Submit all collected samples to an American Industrial Hygiene Association (AIHA) accredited laboratory. Produce a final report inclusive of the following items: existing conditions, site documentation including laboratory reports, analyses, and recommendations. Work will be performed in accordance with the criteria of the GSA Federal Property Management Regulations and the ASHRAE, the protocols of OSHA, or the American Conference of Government Industrial Hygienists.

1.3 Work performance:

1.3.1 Place of work - Indoor Air Quality Tests will be performed at the VA Regional Office, 9500 Bay Pines Blvd, Bay Pines, Florida 33744. Contractor must contact the station project manager/station point of contact at least 7 business days prior to start of work/testing to ensure that the project manager/station point of contact and building is available for testing.

1.3.2 Work hours and holidays Indoor Air Quality Tests will be performed during regular business hours of 8AM until 4PM excluding government holidays. Our ten official holidays are New Year s Day, Martin Luther King Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. All work will be coordinated with the program coordinator.

1.3.3 Duration This contract is to be completed within 12 months in accordance with each corresponding performance year of the resultant contract.

1.3.4 Rules and Regulations - Current rules and regulations applicable to the premises, where the work shall be performed, shall apply to the contractor and its employees while working on the premises. These regulations include but are not limited to, presenting valid identification for entrance, smoking restrictions and any safety procedures as outlined in the site regulations.

1.3.5 Employee behavior - The Contractor shall be responsible for the acts and omissions of all his employees and all subcontractor, their agents and employees and all other persons performing any of the work under a contract with the Contractor.

1.3.6 Non-Personal Services-The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the station s project manager / station point if contact and the Contracting Officer (CO) immediately.

2. DEFINITIONS

2.1. Acceptance Criteria Contractor provided and VA approved performance

standards.

2.2. AQL Acceptable Quality Level. The level to which a specific task will be evaluated against by the station point of contact/project manager.

2.3. Contractor. The Indoor Air Quality Test contractor to which this contract

is awarded to.

2.4. CO Contracting Officer awarding this contract.

2.5. Program Coordinator Will coordinate indoor air quality testing with the

contractor.

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1. Parking. During Indoor Air Quality Testing the government shall provide

the contractor parking space at no cost, as well as access to the VARO as necessary.

4. CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1. General. The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure the Indoor Air Quality Tests are performed at the Bay Pines, Florid, VA Regional Office.

4.2. On Site Manager - The contractor shall provide a fully qualified on-site manager who shall be responsible for the performance of work. The name of the person and all alternates shall be designated in writing to the designated RO317 SSD station project manager/station point of contact. The contractor s project manager shall have full authority to act for the contractor.

The project manager/station point of contact shall be on-site during work hours and for contingencies requiring work beyond normal work hours. The project manager/station point of contact shall determine whether the proposed representative has sufficient technical and lingual capabilities, and the contractor shall immediately replace any individual not acceptable to the Government upon notification from the assigned VBA Contracting Officer.

4.3. Competencies. The Contractor will have a thorough knowledge of all applicable OSHA laws and regulations regarding Indoor Air Quality Tests as well as ANSI Z133.1 2006.

5. SAFETY. The following safety criteria shall be met at the time of the acceptance

inspection: The station point of contact will provide site entry of Contractor personnel, escort and monitors all technical aspects of performance and assists contractor in selecting the Indoor/outdoor Air Quality Tests locations. Fourteen individual indoor and two individual outdoor tests will be conducted during each quarterly testing.

The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name, and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this PWS.

5.1. Equipment. The Contractor shall provide all safety equipment/devices, personal protective equipment and clothing as required for its employees.

5.2. Restricted equipment. The Contractor shall not use propane-fueled portable equipment in the performance of the work required by this contract.

5.3. OSHA - Prior to commencing work the Contractor shall provide proof that an OSHA designated competent person (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present.

5.4. Compliance The Contractor shall comply with all applicable Federal, State and local legal requirements regarding workers health and safety. The requirements include but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees.

6. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be executed by bi-lateral modification issued by the Contracting Officer. Costs incurred by the contractor through the actions of parties other a warranted Contracting Officer shall be borne by the contractor.

EXHIBIT 1: MINIMUM INDOOR AIR QUALITY TEST LOCATIONS:

The station point of contact will provide site entry for contractor personnel, escort and monitors all technical aspects of performance and assists contractor in selecting the Indoor/outdoor Air Quality Tests locations. Fourteen individual indoor and two individual outdoor tests will be conducted during each quarterly testing.

The Contractor (to include subcontractors, if applicable) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name, and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this Statement of Work.

INVOICING INSTRUCTIONS:

General invoicing instructions are included here.

Payment provided under the terms of this contract will be made Monthly in arrears for all services rendered and/or deliverables submitted and approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery Order Number.

All invoices need to also be submitted using the same line-item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

VA s Electronic Invoice Presentment and Payment System The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

Tungsten e-Invoice setup information: 1-877-489-6135

Tungsten e-Invoice email:Â VA.Registration@tungsten-network.com

VA TUNGSTEN Number: AAA544240062

FSC e-Invoice contact information: 1-877-353-9791

FSC e-Invoice email: vafsccshd@va.gov

FSC Internet: http://www.fsc.va.gov/einvoice.asp

Period of Performance: It is anticipated that the period of performance for these services will commence on 11/1/2021, and continue with a base period of one year, with four one-year option periods.

viii. FAR 52.212-1, Instructions to Offerors Commercial Items (JUN 2020), applies to this solicitation. The following provisions are added as addendum:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.217-5 Evaluation of Options (JUL 1990)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services

or Equipment (OCT 2020)

Prohibition on Contracting with inverted Domestic Corporations-Representation (Nov 2015

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

http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

852.270-1 Representatives of Contracting Officers (JAN 2008)

(End of Addendum to 52.212-1)

FAR 52.212-2, Evaluation Commercial Items (OCT 2014), applies to this solicitation.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical

Price

Technical and past performance when combined are important than price.

Options - The Government will evaluate quotes for award purposes by adding the total price for all options to the base price for the basic requirement to include the possible contract extensions under FAR Clause 52.217-9, Option to Extend the Term of the Contract. The Government will evaluate its option to extend services at FAR Clause 52.217-8 by adding six (6) months of the quoter's proposed price for the final option period to the Offeror's total proposed price. The Government may determine that the quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO 52.212-2

1. Contract Type: The contract will be firm-fixed price. It will be competed and awarded under Federal Acquisition Regulation Part 13, Simplified Acquisition Procedures. The Government intends to select one Contractor from the subject solicitation.

2. SAM Registration: Quoter s must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered contractor. Internet access allows you to register by completing an electronic on-line registration application at https://www.sam.gov/content/home On-line Representations and Certifications (ORCA) may also be filled out at this website.

3. Solicitation Questions: Questions of a technical nature shall be submitted to the Contracting Officer in writing via e-mail Raymond.tracey@va.gov. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is September 29, 2021 by 3:00 PM EDT. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers. No phone calls be accepted submit all questions via email

4. Amendments: Amendments to this solicitation will be posted at https://fbohome.sam.gov/ (Contract Opportunities). Paper copies of the amendments will NOT be individually mailed. Potential quoter s are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered unacceptable.

5. Basis for Award: This requirement will be competed and awarded under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures. The Government will award a purchase order resulting from this solicitation to the responsive, responsible offeror in accordance with FAR 9.104-1 and whose quote conforms to the solicitation will be the best value to the Government, price and other non-price factors considered. Technical and pst performance when combined are more important than price.

6. Award and Selection: Following receipt of quotes, the government will perform an evaluation based on the evaluation factors included in this combined synopsis. The Government reserves the right to award without any discussions.

7. Quote Preparation Instructions: Quotes shall be based on the requirements of the solicitation, and must contain the following:

Part I - Price: Insert proposed unit and extended prices in all Contract Line-Item Numbers (CLINs). All prices shall be represented in two decimal positions only. Example: $0.27, not $0.27458.

Quoter shall submit a written document on how they will accomplish all the Description of Requirements / Statement of Work in paragraph vi.

8. Submission of Quotes:

Quotes are due no later than October 14, 2021 by 3:00 PM Eastern.

Quotes shall be submitted electronically to Raymond.tracey@va.gov. The email subject line must contain the following: RO317 Quote in Response to 36C10E22Q0004, AIR QUALITY TESTING, VBA Bay Pines Florida .

Contractors bear the burden of ensuring that quotes, and any applicable amendments, are emailed on time. All pages of the quote must be emailed before the deadline specified in this solicitation. Failure to provide any of the required information or the providing of inadequate or unclear information may result in the offer being considered unacceptable.

x. FAR 52.212-3, Offeror Representations and Certifications Commercial Items (FEB 2021)(JUL 2020) (DEVIATION) applies to this solicitation. The offeror has completed the annual representations and certifications electronically via the SAM website access through https://www.sam.gov/content/entity-landing . After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications Commercial Items (FEB 2021)(JUL 2020) (DEVIATION), have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.

xi. FAR 52.212-4, Contract Terms and Conditions Commercial Items (OCT 2018) applies to this solicitation. The following provisions clauses are added as addendum:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

52.217-8 Option to Extend Services (NOV 1999)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within 5 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years.

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

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 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items.

PROVISIONS AND CLAUSES APPLICABLE TO

VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

_X__ 852.203-70, Commercial Advertising.

_X__ 852.209-70, Organizational Conflicts of Interest.

___ 852.211-70, Equipment Operation and Maintenance Manuals.

___ 852.214-71, Restrictions on Alternate Item(s).

___ 852.214-72, Alternate Item(s). [Note: this is a fillable clause.]

___ 852.214-73, Alternate Packaging and Packing.

___ 852.214-74, Marking of Bid Samples.

___ 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

___ 852.215-71, Evaluation Factor Commitments.

___ 852.216-71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___ 852.216-72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

___ 852.216-73, Economic Price Adjustment State Nursing Home Care for Veterans.

___ 852.216-74, Economic Price Adjustment Medicaid Labor Rates.

___ 852.216-75, Economic Price Adjustment Fuel Surcharge.

___ 852.219-9, VA Small Business Subcontracting Plan Minimum Requirements.

_X__ 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(JUL 2019) (NOV 2020) (DEVIATION)

___ 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

___ 852.222-70, Contract Work Hours and Safety Standards Nursing Home Care for Veterans.

___ 852.228-70, Bond Premium Adjustment.

___ 852.228-71, Indemnification and Insurance.

___ 852.228-72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

_X_852.232-72, Electronic Submission of Payment Requests.

___ 852.233-70, Protest Content/Alternative Dispute Resolution.

___ 852.233-71, Alternate Protest Procedure.

___ 852.237-70, Indemnification and Medical Liability Insurance.

___ 852.246-71,Rejected Goods.

___ 852.246-72, Frozen Processed Foods.

___ 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

__ 852.270-1, Representatives of Contracting Officers.

___ 852.271-72, Time Spent by Counselee in Counseling Process.

___ 852.271-73, Use and Publication of Counseling Results.

___ 852.271-74, Inspection.

___ 852.271-75, Extension of Contract Period.

_X__ 852.273-70, Late Offers.

___ 852.273-71, Alternative Negotiation Techniques.

___ 852.273-72, Alternative Evaluation.

___ 852.273-73, Evaluation Health-Care Resources.

_X__ 852.273-74, Award without Exchanges.

The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror s best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary

(End of clause)

852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018)

This solicitation includes 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (JUL 2019) (NOV 2020) (DEVIATION).

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records, or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

(End of Addendum to 52.212-4)

xii. 52.212-5DEV, Terms and Conditions Required to Implement Executive Orders Commercial Items (JAN 2021) (DEVIATION), applies to this solicitation. The following provisions and clauses are selected as appropriate to this solicitation:

Paragraph (a) clauses applicable:

(1) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (JUL 2018)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.233-3 Protest After Award (AUG 1996)

(6) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

Paragraph (b) clauses applicable:

(4) 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)

(8) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

(22) 52.219-28 Post-Award Small Business Program Representation (NOV 2020)

(27) 52.222-3 Convict Labor (June 2003)

(29) 52.222-21 Prohibition of Segregated Facilities (APR 2015)

(30) 52.222-26 Equal Opportunity (SEP 2016)

(32) 52.222-35 Equal Opportunity for Workers with Disabilities (JUN 2020)

(33) 52.222-37 Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(35)(i) 52.222-50 Combating Trafficking in Persons (OCT 2020)

(44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

(51) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

(59) 52.232-34 Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013)

Paragraph (c) clauses applicable:

(6) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014)

Paragraph (e) clauses are all applicable is any work is subcontracted.

xiii. Additional Contract Requirements or terms and conditions:

VAAR PART 852 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 852.2 Text of Provisions and Clauses

852.219-77 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction.

As prescribed in 819.7009(b), insert the following clause:

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

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

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: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

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 VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed 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.

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 VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed 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.

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 VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-

11. Any work that a similarly situated 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.

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.

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:

Referral to the VA Suspension and Debarment Committee;

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

Prosecution for violating section 1001 of title 18.

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. The Contracting Officer 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.

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.

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)