Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF AUGUST 16, 2024 SAM #8298
SOLICITATION NOTICE

58 -- EMERGENCY PUBLIC ANNOUNCEMENT BROADCAST SYSTEM Project 552-24-506 - VAMC Dayton

Notice Date

8/14/2024 7:58:35 AM
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

561621 — Security Systems Services (except Locksmiths)
 

Contracting Office

250-NETWORK CONTRACT OFFICE 10 (36C250) DAYTON OH 45428 USA
 

ZIP Code

45428
 

Solicitation Number

36C25024Q0704
 

Response Due

8/30/2024 12:00:00 PM
 

Archive Date

10/29/2024
 

Point of Contact

Shelton Beasley, Contract Specialist, Phone: 614-257-5829, Fax: N/A
 

E-Mail Address

shelton.beasley@va.gov
(shelton.beasley@va.gov)
 

Small Business Set-Aside

SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
 

Awardee

null
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.     This is a request for quote (RFQ), and the solicitation number is 36C25024Q0704. The Government anticipates awarding a firm-fixed price Purchase Order resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circulars 2024-05, effective 05/22/2024. The associated NAICS Code is 561621, Security Systems Services (except Locksmiths).     The Department of Veterans Affairs, Network Contracting Office 10, is soliciting quotes from Service Disabled Veteran Owned Small Businesses to supply the Dayton VA Medical Center (VAMC) with equipment and installation services for the HyperSpike Mass Notification and Emergency Communication Speaker system, that will add to the pre-existing HyperSpike network . Respondents to this solicitation must fully demonstrate their capability by supplying detailed quote information, along with any other documents necessary to support the requirements below. However, we believe the HyperSpike Mass Notification and Emergency Communication Speaker system is the only system that can meet the Dayton VAMC s specific requirements (please see the attached sole source justification). Any potential contractor must be able to acquire the HyperSpike equipment detailed in the Statement of Work (SOW) in an acceptable manner so that all manufacturer provided warranties and protections transfer to the Dayton VAMC. IAW Federal Acquisition Regulation (FAR) 6.302-1(c)(2) & 52.211-6 there is a Brand Name or Equal Requirement for the Hilti brand. Please see the SOW for details. NOTICE: 852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products, is part of the combined synopsis. ALL quoters MUST read and complete ALL appropriate certifications, to include the final certification at the end of the clause. The ENTIRE clause must be returned with the quote or the quote will be determined non-responsive and may not be considered for award. There will be one, non-mandatory, but highly recommended, site visit scheduled for 08-14-2024 at 10:00 AM at Building 128 of the Dayton VAMC (Building 128 is located on the north side of the campus, near the cemetery and the boiler plant, on Michigan Rd). There will also be a pre-quote Request for Information (RFI) window, for potential contractors. Questions/RFI should be sent to shelton.beasley@va.gov with the name of the project included in the title of the email. The RFI window will close on 08-16-2024, at 3:00 PM, ET. Late RFI questions will only be answered if doing so, benefits the VA.   Quotes are to be provided to Shelton Beasley, Contracting Officer, via email at shelton.beasley@va.gov, no later than 08-30-2024, by 3:00 PM ET. No telephone calls will be accepted. No submission received after the above-mentioned date and time will be accepted.  Please see the next page for the Statement of Work (SOW) Department of Veterans Affairs Dayton VA Safety Department 4100 West Third Street Dayton, OH 45428 STATEMENT OF WORK 552-24-506 HyperSpike Speakers GENERAL INFORMATION 1. Title of Project: Dayton VAMC HyperSpike Emergency Management Speaker 2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. This SOW is for the addition of compatible and compliant speakers on the Dayton VA Medical Center Campus. This project is vital for safety measurements and requirements within the VA policy. All penetrations into walls and or roofs must be sealed with a Hilti Brand or equal fireproofing system. 3. Background: Upgrade to current Emergency Speaker system. 4. Performance Period: Firm-Fixed-Price The contractor shall complete the work required under this SOW in __120_ calendar days or less from date of award, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor s proposal, the contractor s proposed completion date shall prevail. The work shall begin upon receiving the Notice to Proceed (NTP), unless otherwise specified. Work at the Government site shall not take place on Federal holidays or weekends unless directed by the CO. 5. Type of Contract: Firm-Fixed-Price B. CONTRACT AWARD MEETING The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kickoff meeting and NTP has been executed or has advised the contractor that a kickoff meeting is waived. C. GENERAL REQUIREMENTS 1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, along with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan 14 calendar days prior to all tasks. 2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms. 3. Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within _10__ calendar days from the date of receipt. The contractor shall have __10_ calendar days to deliver the final deliverable from date of receipt of the Government s comments. D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A, Paragraph 4, of this SOW. For most requirements, concentrate on describing functionally the final end product. Allow the contractor to devise and propose one or more solutions to satisfy the requirements. Task One: The contractor shall provide a detailed work plan and briefing for the VA project team, which presents the contractor's plan for completing the contract. The contractor's plan shall be responsive with this SOW and describe, in further detail, the approach to be used for each aspect of the contract as defined in the technical proposal. Deliverable One: MA-2 3200 Watt High Powered Loudspeaker 1 MA-2 3200 Watt Amplifier Cabinet 1 25/70/100V Encompass Transformer 2 Amplifier Cabinet Wall Mount Assembly 1 MA series Tripod Mounting System for MA-2 2 MA-2 Batteries 1 Ballast and Cinderblocks 2 Central Processor Unit Module 1 Network Communications Card, Class A 1 Dual Signature Driver Controller 2 LED Display Support Module 3 Led Display Support Module 12 switches 14 Audio Source Unit Memory Expansion 1 Zoned Amplifier 20 Watt 2 Liquid Crystal Display Module 1 Primary Power Supply 2 PS-12400B 12V40 Panel Battery 2 Chassis Assembly 1 Remote Closet Enclosure 1 Dual Input Module 3 Single Input 2 Control Relay Module 4 Encompass 300 watt LT amp 1 TCPA-Q 4 Speaker Outdoor Array Loudspeaker 1 TCPA-Q Batteries 1 PS-121OOH 12V 10.5AH 2 E. EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES N/A SCHEDULE FOR DELIVERABLES 1. The contractor shall complete the Delivery Date for each deliverable specified, to the COR and provide updates or changes are made. 2. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same. 3. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations. G. CHANGES TO STATEMENT OF WORK Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor. H. REPORTING REQUIREMENTS 1. The contractor shall provide the Project Manager (PM) with weekly written progress reports (original plus, 1 copy). These are due to the PM/TM by the second workday following the end of each calendar week, throughout the project's duration. The PM is required to provide monthly progress reports to the Contracting Officer s Representative (COR) by the fifth workday of the new calendar month. If this day is on a weekend or holiday, then it will be required the day prior to the required timeline. 2. The progress report shall cover all work completed during the preceding week and shall present the work to be accomplished during the subsequent month. This report shall also identify any problems that arose, along with a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation. TRAVEL Travel costs must be detailed and included in vendor quote. No travel expenses will be reimbursed after award if not specified. J. GOVERNMENT RESPONSIBILITIES a. The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses.   b. Upon receipt, the VA Security, and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.   c. The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days. d. The VA Security and Investigations Center (07C) will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM. e. The contracting officer will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested. K. CONTRACTOR EXPERIENCE REQUIREMENTS N/A The COR will determine what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this contract at the time the work is being negotiated. If a key person becomes unavailable to complete the security requirements, the proposed Substitutions of key personnel shall be made only when approved as directed by the Contracting Officer and the COR. The Government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein. The contractor shall submit a resume of qualifications for the COR and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, non-key personnel Contractor personnel are no longer available, the COR reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications. Team personnel proposed by the contractor should possess some of the following knowledge and/or skills: The contractor must notify VA in advance and we will approve or reject proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications to the COR for key personnel and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, Contractor personnel are no longer available, the VA will approve the qualifications of proposed replacement personnel and will reject individuals who do not meet qualifications set forth herein. The contractor will inform the VA COR, and PM when personnel are removed from the contract for any reason. The Contractor shall remove any employee or any sub-contractor s employee from the performance of this contract within five (5) calendar days of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons. The contractor must inform the VA COR, and PM when personnel are removed from the contract for any reason. The contractor shall submit to the COR for all direct employees and sub-contractor s employees proposed for the project. All Contractor employees will be approved by the COR prior to arrival on the campus of the Dayton VAMC. L. CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: 1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the CO and COR at the conclusion of the contract. 2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the CO for response. 3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS This language is still in draft form. The OI Service Center is reviewing alternative sources for background investigations. All contractor employees who require access to the Department of Veterans Affairs computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access. Position Sensitivity The position sensitivity has been designated as _________Moderate___________ (Insert High Risk, Moderate Risk or Low Risk.) Background Investigation The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries. Contractor Responsibilities The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak, and understand the English language. The contractor shall submit or have their employees submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract. Failure to comply with contractor personnel security requirements may result in termination of the contract for default. 4. Government Responsibilities The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor, or to the contractor s employees, after receiving a list of names and addresses. Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct background investigations. The VA Office of Security and Law Enforcement will notify the CO, and contractor, of adjudication results received from OMB. Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor. Schedule of Deliverables TBD Please Note the List of Federal Holidays The 11 Federal Holidays observed by the Federal Government are: New Year s Day January 1 Martin Luther King s Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth Day June 19 Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25th The President of the United States of America may declare additional days as a Federal holiday, and if so, this holiday will automatically be added to the list above. When a holiday falls on a Sunday, the following Monday shall be observed as a Federal holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday. The following solicitation provisions apply to this acquisition: FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) FAR 52.204-7, SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR 52.204-16, COMMERCIAL & GOVRERNMENT ENTITY CODE REPORTING (AUG 2020) FAR 52.204-29, FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-REPRESENTATION AND DISCLOSURES (DEC 2023) FAR 52.211-6 BRAND NAME OR EQUAL (AUG 1999) FAR 52.212-1, INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) FAR 52.212-3, OFFERORS REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) FAR 52.229-11, TAX ON CERTAIN FOREIGN PROCUREMENTS-NOTICE AND REPRESENTATION (JUN 2020) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/content/home in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services (MAY 2024) If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020) FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023) FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024) FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) VAAR 812.301 SOLICITATION PROVISIONS AND CONTRACT CLAUSES FOR THE ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERICAL SERVICES (JAN 2023) 852.203-70, 852.232-72, 852,233-70, 852.233-71 852.246-71, 852.247-71 VAAR 852.212-71 GRAY MARKET AND COUNTERFIT ITEMS (FEB 2023) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services - May2024 The following subparagraphs of FAR 52.212-5 are applicable: [52.203-6, 52.203-17, 52.204-10, 52.204-27 52.209-6, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.225-1, 52.225-13, and 52.232-33.] FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) - - Hand-Carried Address: Department of Veterans Affairs, Network Contracting Office 10, 2780 Airport Drive, Suite 340, Columbus, OH 43219 852.201-70 Contracting Officer's Representative. Contracting Officer's Representative (DEC 2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation letter shall be furnished to the Contractor. (End of provision) 852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020) 852.211-70 Equipment Operation and Maintenance Manuals. Equipment Operation and Maintenance Manuals (NOV 2018) The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) # 1 through 56. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required. (End of clause) 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses. As prescribed in 819.7011, insert the following clause: VA Notice Of Total set-Aside For Verified Service-Disabled Veteran-Owned Small Businesses (NOV 2022) (a) Definition. for the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVOSB : (1) Means a small business concern - (i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR802.101, 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.] __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 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company's SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment). (End of clause) 852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products. As prescribed in 819.7011(c), insert the following clause. The contracting officer shall tailor the clause in paragraph (a)(2)(iii) as appropriate: VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (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: [Offeror check the appropriate box] (i) In the case of a contract for supplies or products (other than from a non-manufacturer 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 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. Cost of materials are excluded and not considered to be subcontracted. (ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufact...
 

Web Link

SAM.gov Permalink
(https://sam.gov/opp/742e84a010e549c09b2b60991b2850ac/view)
 

Place of Performance

Address: Department of Veterans Affairs Veterans Healthcare Administration Dayton VA Medical Center 4100 West 3rd Street, Dayton, OH 45428, USA

Zip Code: 45428

Country: USA
 

Record

SN07170328-F 20240816/240814230116 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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