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COMBINED SYNOPSIS SOLICITATION

This is a combined synopsis/solicitation for commercial services 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; proposals are being requested and a written solicitation will not be issued.
Solicitation 36C10E23Q0050 is issued as a request for quotation (RFQ).
The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-01, dated 12-30-2022.
This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification (VetCert) Veteran Small Business Certification (sba.gov) concern verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA VetCert verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award. The applicable NAICS Code for this solicitation is 238220, Small Business Size Standard $16.5M. Applicable wage determination 2015-4607 Revision 18 dated 7/29/2022 is incorporated.
Contractor shall provide quote for HVAC preventive maintenance and emergency repair services.
Line Item
Description
Quantity
Unit of Measure
Unit Price
Total Price
0001
Base Year
The contractor shall provide all required preventative maintenance to the existing HVAC Systems located at the Jackson VA Regional Office. See enclosed SOW.

Estimated Period of Performance: Begin 04/15/2023
End: 04/14/2024

12
MO
1001
OPTION YEAR 1
The contractor shall provide all required preventative maintenance to the existing HVAC Systems located at the Jackson VA Regional Office. See enclosed SOW.

Estimated Period of Performance: Begin 04/15/2024
End: 04/14/2025

12
MO
2001
OPTION YEAR 2
The contractor shall provide all required preventative maintenance to the existing HVAC Systems located at the Jackson VA Regional Office. See enclosed SOW.
Estimated Period of Performance: Begin 04/15/2025
End: 04/14/2026

12
MO
3001
OPTION YEAR 3
The contractor shall provide all required preventative maintenance to the existing HVAC Systems located at the Jackson VA Regional Office. See enclosed SOW.
Estimated Period of Performance: Begin 04/15/2026
End: 04/14/2027

12
MO
4001
OPTION YEAR 4
The contractor shall provide all required preventative maintenance to the existing HVAC Systems located at the Jackson VA Regional Office. See enclosed SOW.
Estimated Period of Performance: Begin 04/15/2027
End: 04/14/2028

12
MO

GRAND TOTAL: Base and all option years (CLINs 0001, 1001, 2001, 3001, 4001)

Description of Requirement: Provide preventive maintenance and emergency repair services for all the heating, ventilation, and air conditioning (HVAC) equipment located at the VBA Regional Office, located at 1600 Woodrow Wilson Avenue, Jackson, MS 39216.




STATEMENT OF WORK

SCOPE OF WORK

General
This contract is intended to procure a HVAC maintenance agreement for the Department of Veterans Affairs, Veterans Benefits Administration, Regional Office, Jackson, Mississippi. The contractor will provide parts, labor, and management to maintain the HVAC system at the VARO building as specified in this SOW. The contractor will be required to meet all the privacy and security standards contained in this Performance Work Statement as well as all other terms and conditions contained herein.

Quantity, Quality, and Timeliness of work

The contractor shall answer all repair calls within 2-hour of notification by Facility Management. In the event of an emergency, call time must be within 30 minutes.
Two (2) major preventative maintenance inspections (PMI) must be completed each year. The preventative maintenance program shall include lubrication of all equipment, belt replacement, and air filter replacement. One PMI shall be conducted in November and the second shall be completed in May.
In addition to the filter changes as part of the PMI s, 2 additional filter changes should be completed in February and August.
Water treatment services shall be included in the maintenance agreement. The contractor shall provide all chemicals and equipment required to maintain proper balance in the water. Monthly test shall be conducted, and a certified copy of the test results shall be provided to Facility Management.
All equipment to be covered under this agreement is listed on the attached equipment list.
Contractor must provide training certificates upon request to prove technicians training level and capabilities. Tracer Summit training certificates may also be required.
Proof of liability insurance and a current copy of OSHA training will also be required.
The contractor shall also be prepared to prove their capability to answer all service calls as indicated in this SOW.

Exclusions

Repairs to the structure of the cooling tower are excluded from this service agreement. Belts, motors, and other components of the cooling tower are still to be included in the service agreement. Repairs such as water leaks and sheet metal replacement would be considered outside the scope of this maintenance agreement and would be handled and billed separately. Any repair outside the scope of the service agreement shall be awarded on a competitive basis and awarded to the contractor s whose proposal is determined to be the best value to the government.
Repairs that include individual parts will be covered in this maintenance agreement. The contractor will be responsible for all labor associated with that repair.

Control System

Contractor must provide proof that technicians responding to VARO will be certified in Schneider Structure Ware and can provide all support and programming to the Schneider Structure Ware system used by the VARO.
All software updates and necessary repairs to the Schneider Structure Ware Building Management System (BMS) shall be included in the maintenance agreement.
VA reserves the right to inspect and investigate the establishment and/or facilities of any contractor.


Equipment Covered

MAKE
EQUIPMENT TYPE
LOCATION/AREA SERVED
UNIT MARK
MODEL
SERIAL
Trane
2 Building Controls System
3rd floor Rm 345 Office/Building
EMS-1
EMTM001
E96L9959
Trane
3- Building Control Units
3rd. Floor VAV Rm./ Boiler RM.
BCU
Â
Â
Trane
All Associated Control Equipment.PCM'S, TCM'S ETC.
Throughout Building
Â
Â
Â
Trane
Rotary Chiller
Boiler Room/Building
CH-1
RTWD 130F
U12D03385
Trane
Rotary Chiller
Boiler Room/Building
CH-2
RTWD 130F
U12D03384
Daikin
Penthouse Air Handler
Roof/Building
AHU-1
CAC020GVAM
FB0U190202127
Daikin
Penthouse Air Handler
Roof/Building
AHU-2
0AC026GBAM
FBOU190200192
Daikin
Penthouse Air Handler
Roof/Building
AHU-3
CAC020GVAM
FBOU190202124
Daikin
Penthouse Air Handler
Roof/Building
AHU-4
0AC026GBAM
FBOU190200229
Trane
Modular Air Handler
Boiler Room/Boiler Room
AHU-5
MCCA-006
Â
Evapco
Cooling Tower
Outside/Building
CT-1
LSTA10-121
964153
Mohawk
Hot Water Boiler/Cir. Pump
Boiler Room/Building
BLR-1
4-5-203
13069
Mohawk
Hot Water Boiler/Cir. Pump
Boiler Room/Building
BLR-2
4-5-203
13070
Aurora
Chilled Water Pump
Boiler Room/Building
CHWP-1
Â
Â
Yaskawa
Variable Frequency Drive
Boiler Room/Building
Z10B1B011
7.5 HP
1W1751528840013
Aurora
Chilled Water Pump
Boiler Room/Building
CHWP-2
Â
Â
Aurora
Chilled Water Pump
Boiler Room/Building
CHWP-3
Â
Â
Aurora
Condenser Water Pump
Outside/Building
CDWP-1
96-14740-1
344A BF
Areco
Boiler 1.5 Low Nox
Boiler Room
Â
Benchmark

Areco
Boiler 1.5 Low Nox
Boiler Room
Â
Benchmark
G-12-1960
Aurora
Condenser Water Pump
Outside/Building
CDWP-2
Â
Â
Aurora
Hot Water Pump
Boiler Room/Building
HWP-1
Seal Kit Info:
476-0250-644
Â
Model 96-14739-1 Type 342ABF
100 GPM 80 FT HD 1750 RPM
1.5x2x9B
Â
17-2510021-1
Yaskawa
Variable Frequency Drive
Boiler Room/Building
Z1B1B007
5 HP
1W1751528820004
Aurora
Hot Water Pump
Boiler Room/Building
HWP-2
Seal Kit Info:
476-0250-644
Â
Model 96-14739-2 Type 342ABF
100 GPM 80 FT HD 1750 RPM
1.5x2x9B
Â
17-2510021-2
Yaskawa
Variable Frequency Drive
Boiler Room/Building
Z1B1B007
5 HP
1W1751528820003
Aurora
Hot Water Booster Pump
Boiler Room/Boiler
BLRP-1
Seal Kit Info:
476-0278-644
Aurora
Hot Water Booster Pump
Boiler Room/Boiler
BLRP-2
Seal Kit Info:
476-0278-644
Trane
175 Variable Air Volume Boxes
Building
VAV-200
Various
On File
American Standard
2 Ton Condensing Unit
Roof/1st Flr Comm Rm
13-CU1
4A7A7024A1000BA
S1716459Y2F
American Standard
Air Handler
Above Ceiling/1st Flr Comm Rm
13-AHU1
TEM6A0B24H21SA
S15033S5K2V
American Standard
Condensing Unit
Roof/Passenger Elevator
13-CU2
2A7C3060A4000AA
8211LAN4F
Majic Aire
Air Handler
Above Ceiling/1st Flr Mech Rm
13-AHU2
60HX4-C
Â
American Standard
3 Ton Condensing Unit
Roof/Freight Elevator
13-CU3
4A7A7036A1000BA
S16491N6N2F
American Standard
Air Handler
Outside Mech Rm/Freight Elevator
13-AHU3
TEM6A0C36H31SA
S15331JEC2V
Trane
Condensing Unit
Roof/3rd Flr Computer Room
13-CU4
TTA-036C300A
P0750LTFF
Trane
Air Handler
Above Ceiling/3rd Flr Computer Rm
13-AHU4
TWE-036C140A
P07204F1V
Data Air
Condenser
Roof/Main Computer Rm
13-CRU1
DAP III
H9615011-011
Data Air
Computer Room Unit
Main Computer Rm
13-CRU2
DAP III
SY960066-937
Data Air
Condenser
Roof/Main Computer Rm
13-CRU3
DAP III
H9615011-012
Data Air
Computer Room Unit
Main Computer Rm
13-CRU4
DAP III
SY960066-938
Yaskawa
Variable Frequency Drive
Penthouse Mechanical Room
Â
40 H.P.
Â
Yaskawa
Variable Frequency Drive
Penthouse Mechanical Room
Â
30 H.P.
Â
Yaskawa
Variable Frequency Drive
Penthouse Mechanical Room
Â
15 H.P.
Â
ABB
Variable Frequency Drive
Penthouse Mechanical Room
Â
15 H.P.
Â
Yaskawa
Variable Frequency Drive
Penthouse Mechanical Room
Â
15 H.P.
Â
ABB
Variable Frequency Drive
Penthouse Mechanical Room
Â
7.5 H.P.
Â
ABB
Variable Frequency Drive
Penthouse Mechanical Room
Â
5 H.P.
Â
Greenheck
Exhaust Fan
Boiler Room
13-EF-3
Â
Â
Greenheck
Exhaust Fan
Under Parking Garage
13-EF-4
Â
Â
Greenheck
Exhaust Fan
Basement
13-EF-5
Â
Â
Greenheck
Exhaust Fan
Roof
13-EF-6
Â
Â
Greenheck
Exhaust Fan
Roof
13-EF-7
Â
Â
Greenheck
Exhaust Fan
Under Parking Garage
13-EF-8
Â
Â
Greenheck
Make-up Air Unit
Roof/Building
13-MU-1
Â
Â
Bard
Wall Mount Air Handler/Heat
Basement Garage
HPU-1
SH26106RXXXX 0
Â
Bard
Wall Mount Air Handler/Heat
Basement Garage
HPU-2
SH26106RXXXX 0
Â
Bard
Wall Mount Air Handler/Heat
Basement Garage
HPU-3
SH26106RXXXX 0
Â
Bard
Wall Mount Air Handler/Heat
Basement Garage
HPU-4
SH26106RXXXX 0
Â
Bard
Wall Mount Air Handler/Heat
Basement Garage
HPU-5
SH26106RXXXX 0
Â

Housekeeping

All work areas shall be kept clean and free of safety hazards.
All work areas shall be swept and mopped daily when work is performed. Any trash shall be removed immediately.

Security

All Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards, and VA policies as VA, including the Privacy Act, 5 U.S.C. §552a, and VA personnel, regarding information and information system security.
Key Personnel

A superintendent, authorized to make decisions and commitments on behalf of the contractor shall be required to be present when any work is being performed.
The superintendent shall be named in writing and submitted to the Contracting Officer prior to beginning work.

Contractor Identification

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that the contractor participation is appropriately disclosed. Badges will be required for this contract.
Site Visit

A site visit is scheduled for Thursday, February 23, 2023 @ 10am, EST. Contractors are advised to meet at Department of Veteran Affairs, Veterans Benefits Administration, Support Services Division, 1600 East Woodrow Wilson Avenue, Jackson, MS 39216. The site visit will be conducted by the Contracting Officer s Representative (COR) and include a walk-thru of all areas affected, followed up by a conference call with the Contracting Officer. RSVP to james.gardner@va.gov with cc to the Contracting Officer, kimberly.tomasi@va.gov.
Federal Holidays

Work at the government site shall not take place on Federal holidays or weekends. There is ten (10)
Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date:

New Year's Day January 1
Independence Day July 4
Veterans Day November 11
Christmas Day December 25
If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday. The other six are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Memorial Day Last Monday in May
Labor Day First Monday in September
Columbus Day Second Monday in October

Statistical Information

With respect to the building and/or equipment information and statistics stated herein, all Offerors/Bidders are cautioned to visit the building(s)/facilities and ascertain the nature and location of the services to be performed and the general and specific conditions at the site. Failure to do so will not relieve Offerors/Bidders of their responsibility to properly estimate the difficulty or cost of successfully performing the services. The Government will not be responsible for any error or variation in the statistical data stated herein.

Billing and Invoicing

Invoices will be submitted no later than the 5th day of each month. A proper invoice is defined as one that identifies the contractor s name, phone number, contact information, invoice date, and itemized amount of billable work performed. Invoices shall be submitted in Tungsten.

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: Base Year of 12 months from date of award with potential four (4) 12-month option periods. FOB Destination.
FAR 52.212-1, Instructions to Offerors Commercial Items (NOV 2021), applies to this solicitation. The following provisions and clauses are added as addenda:
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
http://www.acquisition.gov/far/index.html (FAR)
http://www.va.gov/oal/library/vaar/index.asp (VAAR)

52.204-7 System for Award Management (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.233-2 Service of Protest (SEPT 2006)

a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Department of Veterans Affairs, Veterans Benefits Administration, Office of Acquisition, 1600 G Street, NW, Washington, DC 20006.
      (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
FAR 52.212-1 INSTRUCTIONS TO OFFERORS
The Department of Veterans Affairs is soliciting quotes from SDVOSB vendors to provide preventive maintenance and emergency repair services for all the heating, ventilation, and air conditioning (HVAC) equipment located at the VBA, VA Regional Office, located at 1600 Woodrow Wilson Avenue, Jackson, MS 39216.
The government anticipates a single (all or none), firm fixed price award.
Please complete the following solicitation documents and email them to kimberly.tomasi@va.gov:
SF-1449, page one, blocks 17a, 30a, 30b and 30c.
Section B.2 Price/Cost Schedule.
Written statement limited to two pages or less demonstrating the offeror has the required experience.

Failure to provide any of this information or providing inadequate or unclear information will result in the quote being rated unsatisfactory and ineligible for award.
To be considered for award prospective offerors must be registered and active in the System for Award Management (www.SAM.gov) and SBA verified SDVOSB Veteran Small Business Certification (VetCert) Veteran Small Business Certification (sba.gov) concern verified at the date and time set for receipt of offers. An Offeror, who is not SAM registered or SBA VetCert verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive and will not be considered for award.
(End of provision)
ix. FAR 52.212-2, Evaluation Commercial Items (NOV 2021), applies to this solicitation. Offers will be evaluated on:
Technical
Experience
Past Performance
Price

Technical, experience, and past performance when combined is more important than price.

A site visit will be held on the Thursday, February 23, 2023 @ 10am, EST. Contractors are advised to meet at Department of Veteran Affairs, Veterans Benefits Administration, Support Services Division, 1600 East Woodrow Wilson Avenue, Jackson, MS 39216. RSVP to james.gardner@va.gov with cc to the Contracting Officer kimberly.tomasi@va.gov. Questions to the solicitation must be submitted via email to kimberly.tomasi@va.gov by Wednesday, March 1, 2023 @ 8:00 AM, EST.

Government intends to make award without discussions. Contractor should ensure their best effort is put forth in their submission. The government expects most favored customer pricing.

FAR 52.212-3 Offeror Representations and Certifications Commercial Items (MAY 2022) applies to this solicitation. Offerors shall submit a completed copy of FAR 52.212-3 with its Offer.
FAR 52.212-4, Contract Terms and Conditions Commercial Items (NOV 2021) applies to this solicitation. The following provisions and clauses are added as addenda:
FAR 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)
http://www.va.gov/oal/library/vaar/index.asp (VAAR)


52.202-1 Definitions (JUN 2020)
52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) Alternate I (Nov 2021)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-13
System For Award Management Maintenance (OCT 2018)

52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)
52.217-8 Option to Extend Services (NOV 1999)
52.217-9 Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
  (b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
    (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.
(End of clause)
The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the contracting officer, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, Excluded State or Outlying Area ). In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area. A current list of such Excluded States and Outlying Areas is maintained at Safer Federal Workforce for Federal Contractors. For Federal Contractors | Safer Federal Workforce Guidance documents issued by the Safer Federal Workforce Task Force or OMB, related to the Task Force s mission.
52.228-5 Insurance Work on a Government Installation (JAN 1997)
(a)Â The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b)Â Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government s interest shall not be effective-
(1)Â For such period as the laws of the State in which this contract is to be performed prescribe; or
       (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c)Â The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors proofs of required insurance and shall make copies available to the Contracting Officer upon request.
(End of clause)
52.232-18 Availability of Funds (APR1984)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232.40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
52.232-23 Assignment of Claims (MAY 2014)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)
52.233-1 Disputes (MAY 2014)
52.233-4 Applicable Law for Breach of Contract Claims (OCT 2004)
52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984)
VAAR 852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020)
VAAR 852.212-70 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_ 852.201-70, Contracting Officers Representative
_X_ 852.203-70, Commercial Advertising.
___ 852.209-70, Organizational Conflicts of Interest.
_X_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.
___ 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.
___ 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.
___ 852.271-72, 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.
___ 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.
(End of clause)
852.219-73Â VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(a)Â 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 802.101, 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 part 74 and is listed in VA s Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; 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 parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.
(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)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).
(b) General. (1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB 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 VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. 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.
(d) Agreement. When awarded a contract action, including orders under multiple-award 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 requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (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 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 VIP-listed SDVOSBs (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 VIP-listed SDVOSBs. 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 CRF 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 VIP-listed SDVOSBs.
(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 VIP-listed SDVOSBs.
(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed 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:
[Contracting Officer check as appropriate.]
__X__ 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 is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to 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.
(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 Program for SDVO SBCs, and the VA Veterans First Contracting Program.
(h) Misrepresentation. Pursuant to 38 USC 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)

852.219-74Â VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)
(a) Definition. For the Department of Veterans Affairs, Veteran-owned small business or VOSB :
(1) Means a small business concern
(i) Not less than 51 percent of which is owned by one or more 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 Veteran(s);
(ii) The management and daily business operations of which are controlled by one or more Veteran(s);
(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 part 74 and is listed in VA s Vendor Information Pages (VIP) database at:Â https://www.vetbiz.va.gov/vip/; 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 parts 121 and 125, provided that any requirement therein that applies to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to also apply to a VA verified and VIP-listed VOSB, unless otherwise stated in this clause.
(vi) The term VOSB includes VIP-listed service-disabled veteran-owned small businesses (SDVOSB).
(2) Veteran is defined in 38 U.S.C. 101(2).
(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" has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).
(b) General. (1) Offers are solicited only from VIP-listed VOSBs, including VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made only to a VIP-listed VOSB who is eligible at the time of submission of offer(s) and at 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 a VOSB, including set-asides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed VOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible VOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.
(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, a VOSB agrees that in the performance of the contract, the VOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR parts 121 and 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, any requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed VOSB. For the purpose of the limitations on subcontracting, only VIP-listed VOSB, (including independent contractors) is 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 certification requirements in this solicitation (see 852.219-75 and/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 VOSB 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 VIP-listed VOSBs (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 VOSB 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 VIP-listed VOSBs. 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 VOSB 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 VOSB 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 VIP-listed VOSBs.
(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 VIP-listed VOSBs.
(5) Subcontracting. A VOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed VOSB 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. A VOSB shall comply with the limitations on subcontracting as follows:
X _ 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 a VOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to also apply to a VIP-listed VOSB. 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 Program for SDVO SBCs 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 VOSB 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)

852.242-71Â ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation shall be furnished to the Contractor.
(End of clause)

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (DEC 2022), applies to this solicitation. The following provisions and clauses are selected as appropriate to this solicitation:
Paragraph b clauses applicable:
(4) 52.204-10 Reporting Executive Compensation & First Tier Subcontracting Awards (JUN 2020)
(8) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 31 USC 6101)
(22) 52.219-28 Post-Award Small Business Program Representation (SEP 2021)
(27) 52.222-3 Convict Labor (JUN 2003) (E.O. 11755)
(29) 52.222-21 Prohibition of Segregated Facilities (APR 2015)
(30) 52.222-26 Equal Opportunity (SEP 2016) (E.O. 11246)
(31) 52.222-35 Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212)
(32) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)
(33) 52.222-37 Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)
(34) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496)
(35) 52.222-50 Combating Trafficking in Persons (NOV 2021)
(39) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)
(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)
(58) 52.232-33 Payment by Electronic Funds Transfer System for Award Management (OCT 2018)
Paragraph c clauses applicable:
(1) 52.222-41 Service Contract Labor Standards (AUG 2018)
(2) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)
(THIS IS NOT A WAGE DETERMINATION)
EMPLOYEE CLASS WAGE + FRINGE BENEFITS
23370 General Maintenance Worker $17.70
23410 Heating ventilation & AC Mechanic $22.60
(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67)
(7) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)
(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

N/A
N/A
Offers are due not later Friday, March 10, 2023 @ 8:00 AM, EST. Offers must be submitted electronically via email to kimberly.tomasi@va.gov. Questions must be submitted via email to kimberly.tomasi@va.gov by Wednesday, March 1, 2023 @ 8:00 AM, EST.
For additional information, please contact the Contracting Officer, Kimberly Tomasi via e-mail to kimberly.tomasi@va.gov.

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