J065--NURSE CALL OVERHEAD PAGING MAINTENANCE NEW REQUIREMENT I B+4

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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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. This solicitation 36C25923Q0913 is issued as a request for quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04 06/02/2023. No telephone requests will be accepted. Only written requests received directly from the offeror are acceptable. The associated North American Industry Classification System (NAICS) code for this procurement is 811310, with a small business size standard of $12.5 million. This solicitation is 100% set-aside for SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (SDVOSBs). IF OFFEROR IS A GSA SCHEDULE HOLDER, ALL INFORMATION REQUESTED IN THIS NOTICE MUST BE PROVIDED, NOT JUST THE OFFEROR S SCHEDULE NUMBER
The following is a list of the contract line-item numbers, quantities and units of measure including options.
CLIN
DESCRIPTION
QTY
UNIT
UNIT
COST
TOTAL COST
0001
Nurse Call Overhead Paging Service Maintenance
Base Year : September 30, 2023 through September 29, 2024
1
YEAR
$__________
$__________
1001
Nurse Call Overhead Paging Service Maintenance
Option Year 1: September 30, 2024 through September 29, 2025
1
YEAR
$__________
$__________
2001
Nurse Call Overhead Paging Service Maintenance
Option Year 2: September 30, 2025 through September 29, 2026
1
YEAR
$__________
$__________
3001
Nurse Call Overhead Paging Service Maintenance
Option Year 3: September 30, 2026 through September 29, 2027
1
YEAR
$__________
$__________
4001
Nurse Call Overhead Paging Service Maintenance
Option Year 4: September 30, 2027 through September 29, 2028
1
YEAR
$__________
$__________
TOTAL COST ALL CLINS,
BASE YEAR PLUS OPTION YEARS $___________________
STATEMENT OF WORK Nurse Call and Overhead Paging Service Agreement

1.0 The contractor shall furnish labor, parts, supplies and equipment necessary to provide scheduled and unscheduled maintenance, and periodic preventive maintenance inspections for the equipment listed below. Equipment is located at the Rocky Mountain Regional VA Medical Center, Replacement Facility located at 1700 N. Wheeling Street, Aurora, CO 80045.

SPECIFIC SERVICE FOR

1.1 Nurse Call Service Includes:
1.1.1 Rauland Borg Responder 5 software updates
1.1.2 Onsite support of Rauland Borg Certified Technicians for preventive and corrective maintenance.
1.1.3 All Nurse Call hardware and software
1.1.4 Programming changes once per month
1.1.5 Annual Code Blue testing and documentation
1.2 Overhead Paging Services
1.2.1 BiAmp Vocia software updates
1.2.2 Onsite support of BiAmp Vocia certified technicians for preventive and corrective maintenance.
1.2.3 All overhead paging hardware and software
1.2.4 UPS Testing
1.2.5 Quarterly BiAmp Vocia scrub and review
1.3 General Expectations
1.3.1 Priority queue for service requests
1.3.2 Remote System help desk support
1.3.3 Annual System Review, test and inspect head end, scrub of system, and general Pm for systems.
1.3.4 Maintaining Network _ Cisco switches and moxa fiber switches
1.3.5 Software implementation
1.3.6 Staff training after updates
1.3.7 All travel time includes
1.3.8 Business hour coverage for maintenance
1.3.9 Regular schedule meeting attendance with account manager and VA on an established frequency between the 2 parties.
2.0 HOURS OF COVERAGE

2.1 Normal hours of coverage are Monday through Friday from approximately from 8:00 a.m. to 5:00 p.m., the federal holidays listed as follow:

Federal Holidays:

New Year s Day Dr. Martin Luther King Jr s Birthday Presidents Day
Memorial Day Independence Day Labor Day
Columbus Day Veteran s Day Thanksgiving Day
Christmas Day Juneteenth

Any other day specifically declared a National Holiday by the President of the United States

2.3 If the contractor does not recognize a federal holiday, work may be coordinate with the Biomedical Engineering Department.

3.0 ADDITIONAL MAINTENANCE

3.1 The Contractor shall perform service to ensure that the equipment listed performs in accordance with the original manufacturer s specifications. An outline of the PM schedule and procedures shall be provided to the Biomedical Engineer.

3.2 The contractor shall provide a written description of the Preventive Maintenance Inspections (PMI).

3.3 There shall be no hourly charge to the Government for maintenance performed within the normal hours of coverage.

3.4 The documentation shall include detailed descriptions of the maintenance procedures performed, including replaced parts and prices required to maintain the equipment in accordance with the specifications.

3.5 The Contractor shall log in/out with Biomedical Engineering prior to performing any services.

3.6 The Contractor shall respond within four (4) hours after receipt of request for service. Withing 24 hours of repair diagnosis, the contractor shall provide resolution plan and part delivery expectations.

4.0 REPORTING REQUIRED SERVICES BEYOND SERVICE SCOPE

4.1 The contractor shall immediately, but no later than 24 consecutive hours after discovery, notify the COR or POC, in writing, of the existence or development of any defects in, or repairs required, to the scheduled equipment which, the contractor does not consider his/her responsibility due to abuse or damage to the equipment. The contractor shall furnish the Government with a written estimate of the cost to make the necessary repairs.

5.0 ACCEPTANCE OF CONDITION OF EQUIPMENT

5.1 The contractor accepts responsibility for the equipment covered under this equipment in an as is condition. Inspection of the equipment by the contractor shall be done prior to coverage, if required by the contractor.

6.0 COMPETENCY AND CERTIFICATION OF PERSONNEL SERVICING EQUIPMENT

6.1 Each respondent must have an established business, with an office and full-time staff. The staff shall include qualified technicians and engineers.

6.2 Fully Qualified is based on successful completion of factory training and experience in the field. For training, the FSE shall have successfully completed a formalized training program for the equipment identified in this scope of work.

6.3 Upon request, the contractor shall provide manufacturer certificates for technicians and engineers. When deemed appropriate, the COR or Contracting Office Representative reserve the right to prohibit contractor personnel from working on VAMC equipment.
7.0 CONTRACTOR TEST EQUIPMENT

7.1 The contractor shall ensure all contractor supplied test equipment is properly calibrated, and certified. Upon request the COR or POC, the contract shall be able to supply any certificates tied to the quality of the test equipment. Test equipment calibration shall be traceable to a national standard.
DEPARTMENT OF VETERANS AFFAIRS Records Management Language for Contracts
VA Eastern Colorado Health Care System
Aurora, CO 80045

RECORDS MANAGEMENT OBLIGATIONS

This clause applies to all contractors whose employees create, work with, or otherwise handle Federal records, as defined below:

Federal Record as defined in 44 U.S.C. 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the information value of data in them.

The term Federal Record:
1. Includes (Agency) records
2. Does not include personal materials
3. Applies to records created, received, or maintained by Contractors to the (Agency) contract
4. May include deliverables and documentation as associated with deliverables

The following items should be added to the Statement of Work (SOW) for contracts:

1. Contractor shall comply with all applicable records management laws, and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act, (44 U.S.C. chs, 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974, (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transportation, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for government use and delivered to, or falling under the legal control of, the government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA)(5 U.S.C. 552), as amended, and the Privacy Act of 1974 (U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Eastern Colorado Health Care System (ECHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of ECHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to ECHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to ECHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating co, contracts. The Contractor (and any sub-contractor) is required to abide by Government and ECHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contractor and in accordance with ECHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public ECHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. ECHCS owns the rights to all data and records produced as part of the contract. All deliverables under the contract are property of the U.S. Government for which ECHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. TRAINING: All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

FLOWDOWN OF REQUIREMENTS TO SUBCONTRACTORS
1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgement of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

The provision at FAR 52.212-1, INSTRUCTION TO OFFERORS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), applies to this acquisition with the following addendum:
FAR 52.204-7, System for Award Management (OCT 2018);
FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020);
FAR 52.216-1, Type of Contract (APR 1984): The government anticipates the awarding of a single firm-fixed price definitized contract to fulfill this requirement.

The provision at FAR 52.212-2, EVALUATION -- COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. (a) 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:

Contract award will be made based on the solicitation response that represents the best value to the Government using a Contracting Officer s Comparative Analysis. Since the Contracting Officer is considering price and other factors, the CO may award to other than the lowest-priced offer. The information below explains the evaluation approach:

The Contracting Officer will make a comparative analysis of all offers against the solicitation, using the following factors to decide which offer(s) represent the best value to the Government:

Factor 1: Technical Ability
The offer shall be evaluated on the conformance to the requirements listed in the Statement of Work. The offeror shall submit a technical narrative, that describes the means and methods of successfully performing all work detailed in the SOW, to include the personnel being proposed to perform the work. Any training certifications for the repair of said equipment should be provided with quote.
Factor 2: Past Performance
Offeror shall provide no more than three references of relatively the same size and complexity. Include the following information for each contract: Name and address of contracting activity (company name), contract number, type of contract, total contract amount, and status, date of award and completion, description and location of contract work, list of major subcontractors if any, Contracting Officer or individual responsible for signing the contract, and their telephone and fax number, and the COR s/Administrator s name, telephone and fax numbers. Offerors may provide information on problems encountered on identified contracts and the offeror s corrective action. Searches in CPARS (Contractor Performance Assessment Reporting System), as well as Past Performance Questionnaires may be utilized.

Factor 3: Price Offerors shall provide one copy of the fully completed Price Schedule in the format listed above. Proposed prices will be evaluated for reasonableness.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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. (End of Provision)

A completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) shall be submitted with the offer.

The clause at FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Services (NOV 2021), applies to this acquisition, with the following addendum:
FAR 52.204-9, Personal Identity Verification of Contractor Personnel (JAN 2011);
FAR 52.204-13, System for Award Management Maintenance (OCT 2018);
FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020);
FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6Â months. The Contracting Officer may exercise the option by written notice to the Contractor within fifteen (15) days of the expiration date of the current contract period.
For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows:
The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotes relative to each other, and will not affect the ranking of quotes based on price, unless, after reviewing the quotes, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8. The `specified' rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause. (End of clause)

FAR 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 five (5) years. (End of Clause)

FAR 52.223-6 Drug-Free Workplace (MAY 2001);
FAR 52.228-5 Insurance Work On A Government Installation (JAN 1997);
CL 120 - Supplemental Insurance Requirements: In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond SEPTEMBER 30TH OF ANY FISCAL YEAR. The Government s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond SEPTEMBER 30TH OF ANY FISCAL YEAR, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause)

FAR 52.237-2, Protection of government Buildings, Equipment, and Vegetation (APR 1984);
FAR 52.237-3, Continuity of Services (JAN 1991);
VAAR 852.203-70, Commercial Advertising (MAY 2008);
VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2020) (DEVIATION);

VAAR 852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020)
VAAR 852.219-74, Limitations on Subcontracting Monitoring and Compliance (JUL 2018) (DEVIATION)
(a) This solicitation includes VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.
(b) Accordingly, this contract 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)
852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.
As prescribed in 819.7011(b), insert the following clause:
VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (NOV 2022)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [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.]
(i) 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 852.219-73 or VOSBs as set forth in 852.219-74. 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.
(ii) General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73or VOSBs as set forth in 852.219-74. 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.
(iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. 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.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee:
Printed Title of Signee:
Signature:
Date:
Company Name and Address:
(End of clause)
VAAR 852.219-77 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction.
As prescribed in 819.7009(c) insert the following clause:
VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [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.]
(i) [ ] 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.
(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not 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.
(iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not 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.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. 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.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror s bid, quotation, or quote. 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)
VAAR 852.232-72, Electronic Submission of Payment Requests (NOV 2018);
VAAR, 852.270-1 Representatives of Contracting Officers (JAN 2008).
The clause at FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) applies to this acquisition including the following clauses:
FAR 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020);
FAR 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021);
FAR 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021);
FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020);
FAR 52.222-3, Convict Labor (AUGUST 2003);
FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015);
FAR 52.222-26, Equal Opportunity (SEP 2016);
FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020);
FAR 52.222-40, Notice of Employees Rights Under the National Labor Relations Act (DEC 2010);
FAR 52.222-50, Combating Trafficking in Persons (NOV 2021);
FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020);
FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021);
FAR 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018);
aFAR 52.222-41 Service Contract Labor Standards (AUG 2018);
FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014);
FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022);
FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

DEPARTMENT OF LABOR WAGE DETERMINATIONS: Department of Labor Wage Determination 2015-5419 Revision Number 24 dated 07/25/2023 applies to this acquisition.

Quotes shall include the RFQ number (36C25923Q0913), the proposed unit price, the proposed extended price (for the base and all option years,) any prompt payment discount terms, company name, the company point of contact, address, phone number, fax number, e-mail address, Tax Identification Number, Unique Entity Identifier (UEI) number, and business size status.

The full text of a solicitation provision or contract clause may be accessed electronically at the address(es) below:
          http://www.acquisition.gov/far/index.html
          http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm
All information has been posted and there are no other documents available. Offers are to be submitted electronically to the Department of Veterans Affairs, Network Contracting Office 19 (NCO 19) Rocky Mountain Acquisition Center, 6162 South Willow Drive, Suite 300, Greenwood Village, CO 80111 ATTN: Shanta Harrison, Contract Specialist at Shanta.Harrison@va.gov and NCO19Services1@va.gov no later than 4:00 p.m. Mountain Time on Monday, September 18, 2023. QUOTES SUBMITTED BY FASCIMILE (FAX MACHINE) WILL NOT BE ACCEPTED. PLEASE INCLUDE THE SOLICITATION NUMBER IN THE SUBJECT LINE OF EMAILS SUBMITTED.

Any questions regarding this solicitation must be submitted in writing to the Contracting Officer no later than 4:00 p.m. MT, Wednesday, September 13, 2023. All responses to questions received will be posted to the Contracting Opportunities website via an amendment.

Attachments/Links