Z2DA--(CONS)(660) 660-21-802 | Restoration Flood Damage (VA-21-00096799)

FAR 52.223-99 is being removed from this solicitation. The clause is shown below in Full Text. The remaining conditions still remain unchanged.

FAR Deviation Clause

Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors September 30, 2021

PART 52 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2 Text of Provisions and Clauses

[52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means

The fifty States;

The District of Columbia;

The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin

Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island,

Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and

Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring

Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021

(published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including

guidance conveyed through Frequently Asked Questions, as amended during the

performance of this contract, for contractor workplace locations published by the

Safer Federal Workforce Task Force (Task Force Guidance) at

https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause,

including this paragraph (d), in subcontracts at any tier that exceed the simplified

acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the

date of subcontract award, and are for services, including construction, performed

in whole or in part within the United States or its outlying areas.

(End of clause)

Project Title: Restoration Flood Damage Project No.: 660-21-802 Location: Buildings 3, 4, 7, 8, Salt Lake City, UT, VA Salt Lake City Health Care System (VASLCHCS) I. SCOPE OF WORK: Contractor shall provide all necessary professional services, equipment, labor, materials, supervision, and tools to perform and complete a construction / repair project for the NRM Project #660-21-802, entitled Restoration Flood Damage , located at 500 Foothill Drive, Salt Lake City, UT 84148. The work includes, but is not limited to, site investigation, updating and revising drawings, and complete construction of project. The contractor, to include subcontractors performing professional services under this contract, shall perform its services consistent with the standards and best practices within each field. All work will be performed as specified herein to be in accordance with all applicable codes indicated in the Department of Veterans Affairs (VA) Design Manuals, and VA Publications (Master Construction Specifications, Construction Standards, etc.) and any other applicable codes (safety, fire, and infection control). The VA will provide current construction drawings (in AutoCAD and PDF), when requested. The contractor shall review all drawings with the assigned VA COR (Contracting Officer s Representative) to verify the project area/s and what the project entails. The indicated areas include operational clinic/public areas, thus proper planning is of utmost importance. The contractor is to provide all materials and labor for demolition and construction according to this Scope of Work, drawings, and specifications, unless otherwise noted. All paint to be used will be of low VOC. The contractor shall be required to move and replace all furniture in effected areas to allow for construction/repair work. The contractor shall provide and replace all corner and wall guards, flooring, cove molding, wall treatments, drywall, and doors with specified material. The contractor shall provide and replace all outlet covers The scope of work includes, but is not limited to construction, repair, patching, painting, ceiling repair and installation, drywall, flooring installation, electrical, plumbing, excavation, and fire-stopping within Buildings 3, 4, 7, and 8 with the following approximate quantities. Deduct Bid Item: The contractor shall label all outlet covers, in the affected areas, with their associated circuit breaker designation. The deduct bid to include all labor, profit, and overhead for the electrical circuits. Building 3: 2,133 linear feet of cove molding; 17,694 square feet of painted wall area; 7,991 square feet of floor covering; and 4,265 square feet of drywall. Extend (2 each 3 9 X 3 9 ) exterior concrete ventilation chase to an above grade height of 24 and relocate protective grate to top of chase. Building 4: 483 linear feet of cove molding; 6,994 square feet of painted wall area; 1,832 square feet of floor covering; and 966 square feet of drywall. Double door replacement for Room BB03A-4. Building 7: 443 linear feet of cove molding; 4,032 square feet of painted wall area; 1,797 square feet of floor covering; and 885 square feet of drywall. Building 8: 2,646 linear feet of cove molding; 25,827 square feet of painted wall area; 13,892 square feet of floor covering, of which 5,280 square feet will be Tarkett Sports Indoor flooring to be installed by a Tarkett Sports authorized installer, which includes, but is not limited to, Flooring Services Inc. West Valley City, Utah, Comflors Inc, Kaysville, Utah, Re:Source Commercial Flooring Systems LLC, Salt Lake City, Utah; 5,292 square feet of drywall; 75 feet of stainless steel wall protection sheeting; and 28 feet of stainless steel corner guard. Scope of work to include, but is not limited to site investigation, and complete restoration and repair of flood damaged areas. The contractor shall coordinate project reviews and any questions and/or concerns/issues between the VA and all subcontractors. The Contractor shall ensure all proper approvals and modifications are complete before proceeding. The work shall be completed to most recent released building and NFPA codes. The contractor shall conduct site surveys to review site to ensure no unforeseen conditions will arise. The contractor shall be required to attend phased meetings to discuss progress and problems with the VA staff. The contractor shall be required to take meeting minutes and distribute to the VA for approval and as documentation of what was covered within the meeting. Fire, Safety, and infection control requirements shall be enforced for the duration of the project, regardless of any disruptions, to protect patients, visitors, VA staff, and contractors/subcontractors. The contractor shall be responsible for the site during construction and shall ensure all contractor employees and subcontractors adhere to all fire, safety, and infection control requirements at all times. The VA will inspect all containments before work commences and periodically during construction. Contractor/ subcontractors shall conduct themselves in a professional manor at all times as this is an active hospital, keeping in mind noise levels affects patients, and shall adhere to all industry standard practices. Contractor shall repair all penetrations created during construction to meet the requirements for fire-rated walls. It will be the responsibility of the contractor to make changes to sprinkler system to provide proper coverage in each room. The Prime Contractor shall designate a minimum of one Site Safety and Health Officer (SSHO) to administer the contractor s safety program and government-accepted Accident Prevention Plan.  Each subcontractor shall designate a minimum of one Competent Person (CP) in compliance with 29 CFR 1926.20 (b)(2) that will be identified as a CP to administer their individual safety programs.  Also, The SSHO or an equally qualified designated representative/alternative will maintain a presence on the site during construction operations in accordance with FAR Clause 52.236-6:  Superintendence by the Contractor.  CPs will maintain presence during their construction activities in accordance with above mentioned clause.  A listing of the designated SSHO and all known CPs shall be submitted prior to the start of work as part of the APP with the training documentation and/or AHA. In order to comply with above, please do NOT bid for same SSHO that would or would potentially cover multiple projects on the campus. The Department of Veterans Affairs (VA) requires strict adherence to the Code of Federal Regulations 29, Part 1926. This includes the requirement that the contractor have a Competent Person on the job at all times (must have a 30-hour OSHA card), and that all contractor employees have received a minimum of ten (10) hours of OSHA construction safety training. The Contractor shall adhere to VHA Directive 1192.01: Seasonal Influenza Vaccination Program for VHA Healthcare Personnel. The VHA Directive requires all HCP covered by the policy to receive the annual seasonal influenza vaccination. All employees of general contractor and subcontractors shall comply with VA security management program and obtain temporary VA badges. This will require fingerprinting and background checks of each individual. The employees of the general contractor will obtain permission of the VA Human Resources, be identified by project and employer, and restricted from unauthorized access. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training. Period of Performance: 120 calendar days after Notice to Proceed. Contractor shall begin work within ten (10) days of Notice to Proceed (NTP). Contractor shall meet with the COR weekly following NTP to provide progress-updates and attend a closeout meeting at period of performance end. Normal Working Hours: Monday through Friday, 0700 1630, except on Federal holidays. Plan for after-hours work for water shutdowns. Any request to work outside of previous mentioned hours, shall be requested to VA COR a minimum of 72-hour notice. All VA campuses are Tobacco Free, this includes but not limited to vaping and smokeless tobacco products. All CDC and VHA COVID protocols and regulations are to be followed for the duration of the solicitation and project. VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors Contractor employees who work in or travel to VHA locations must comply with the following: Documentation requirements: If fully vaccinated, shall show proof of vaccination NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor s order or an FDA approved over-the-counter test. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.  Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool.  Regularly check the website for updates. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.  Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.  Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities. ***************End of Restoration Flood Damage SOW****************

THIS IS AN AMENDED SOLICIATION NOTICE A REQUEST FOR PROPOSAL POSTED ON OR ABOUT NOVEMBER 15, 2021. Restoration Flood Damage (660-21-802) Salt Lake City VAMC 36C25922R0010 The Contractor/Vendor will perform flood damage restoration at the SLC VA Medical Center, Salt Lake City, UT, 84148. The NAICS code for this procurement is 236220 with a small business size standard of $39.5 M. The magnitude of this project is between $500,000 and $1,000,000.00. This project will be 100% set-aside for Service-Disabled Veteran-Owned Small Businesses, as stated below. The POC for this project will be Christina Beeler-Blackburn. She can be contacted at 303-712-5744 or email at Christina.Beeler-Blackburn@va.gov. Important Notice: Apparent successful offerors must apply for and receive verification from the Department of Veterans Affairs Center for Verification and Evaluation (CVE) in accordance with 38 CFR Part 74 and VAAR 819.70 by submission of documentation of Veteran status, ownership, and control enough to establish appropriate status.  Offerors must be both VISIBLE and VERIFIED by the Department of Veteran Affairs CVE at the time of offer submission.  Failure to be both VERIFIED by CVE and VISIBLE on VetBiz at the time of offer submission and contract award will result in the offeror s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so. 852.219-10  VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE. As prescribed in 819.7009, insert the following clause: VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) (a) Definition.  For the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVSOB: (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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.gov); and (v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set asides and sole source contracts. (2) 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). (b) General. (1) Offers are solicited only from eligible service-disabled Veteran-owned small business concerns. Only VIP-listed service-disabled Veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled Veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled Veteran-owned small business concern that meets the size standard for the applicable NAICS code. (c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service-disabled Veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award. (d) Agreement.  When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following: (1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (2) Supplies or products. (i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver is described in 13 CFR 121.406(b)(5) is granted. (3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6. (e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled Veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. 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. (f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled Veteran-owned small business concerns and the VA Veterans First Contract Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence. (End of clause)

THIS IS A SOLICIATION NOTICE A REQUEST FOR PROPOSAL POSTED ON OR ABOUT NOVEMBER 8, 2021. Restoration Flood Damage (660-21-802) Salt Lake City VAMC 36C25922R0010 The Contractor/Vendor will perform flood damage restoration at the SLC VA Medical Center, Salt Lake City, UT, 84148. The NAICS code for this procurement is 236220 with a small business size standard of $39.5 M. The magnitude of this project is between $500,000 and $1,000,000.00. This project will be 100% set-aside for Service-Disabled Veteran-Owned Small Businesses, as stated below. The POC for this project will be Christina Beeler-Blackburn. She can be contacted at 303-712-5744 or email at Christina.Beeler-Blackburn@va.gov. Important Notice: Apparent successful offerors must apply for and receive verification from the Department of Veterans Affairs Center for Verification and Evaluation (CVE) in accordance with 38 CFR Part 74 and VAAR 819.70 by submission of documentation of Veteran status, ownership, and control enough to establish appropriate status.  Offerors must be both VISIBLE and VERIFIED by the Department of Veteran Affairs CVE at the time of offer submission.  Failure to be both VERIFIED by CVE and VISIBLE on VetBiz at the time of offer submission and contract award will result in the offeror s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so. 852.219-10  VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE. As prescribed in 819.7009, insert the following clause: VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) (a) Definition.  For the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVSOB: (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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.gov); and (v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set asides and sole source contracts. (2) 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). (b) General. (1) Offers are solicited only from eligible service-disabled Veteran-owned small business concerns. Only VIP-listed service-disabled Veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled Veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled Veteran-owned small business concern that meets the size standard for the applicable NAICS code. (c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service-disabled Veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award. (d) Agreement.  When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following: (1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (2) Supplies or products. (i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver is described in 13 CFR 121.406(b)(5) is granted. (3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6. (e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled Veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. 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. (f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled Veteran-owned small business concerns and the VA Veterans First Contract Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence. (End of clause)

THIS IS A PRESOLICIATION NOTICE A REQUEST FOR PROPOSAL POSTED ON OR ABOUT NOVEMBER 3, 2021.

Restoration Flood Damage (660-21-802) Salt Lake City VAMC

36C25922R0010

The Contractor/Vendor will perform flood damage restoration at the SLC VA Medical Center, Salt Lake City, UT, 84148.

The NAICS code for this procurement is 236220 with a small business size standard of $39.5 M. The magnitude of this project is between $500,000 and $1,000,000.00. This project will be 100% set-aside for Service-Disabled Veteran-Owned Small Businesses, as stated below.

The POC for this project will be Christina Beeler-Blackburn. She can be contacted at 303-712-5744 or email at Christina.Beeler-Blackburn@va.gov.

Important Notice: Apparent successful offerors must apply for and receive verification from the Department of Veterans Affairs Center for Verification and Evaluation (CVE) in accordance with 38 CFR Part 74 and VAAR 819.70 by submission of documentation of Veteran status, ownership, and control enough to establish appropriate status. Offerors must be both VISIBLE and VERIFIED by the Department of Veteran Affairs CVE at the time of offer submission. Failure to be both VERIFIED by CVE and VISIBLE on VetBiz at the time of offer submission and contract award will result in the offeror s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so.

852.219-10Â VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE.

As prescribed in 819.7009, insert the following clause:

VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVSOB:

(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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.gov); and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set asides and sole source contracts.

(2) 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).

(b) General.

(1) Offers are solicited only from eligible service-disabled Veteran-owned small business concerns. Only VIP-listed service-disabled Veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled Veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled Veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service-disabled Veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver is described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled Veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. 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.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled Veteran-owned small business concerns and the VA Veterans First Contract Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of clause)