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

COMBINED SYNOPSIS SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information include... COMBINED SYNOPSIS SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. 36C10E22Q0166 The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2022-07, dated 08-10-2022. This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. To be considered for award prospective offerors must be System for Award Registered Active and Veterans a verified SDVOB concern in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) verified at the date and time set for receipt of offers. An Offeror, who is not SAM, registered or a VIP 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 561621, Small Business Size Standard $22M. Applicable wage determination 2015-4571 Revision 19 dated 29 July 2022 is hereby incorporated. Contractor shall provide quote for Detection & Screening System Maintenance. ITEM NO. DESCRIPTION QTY UNIT QT COST SUB TOTAL 0001 Contractor shall provide all inspection and 4 QT $____________ $__________ preventive maintenance, supervision, labor, transportation, tools, parts, updates and required reports to ensure uninterrupted service of one each Nuctech C7555B1 x-ray machine and one each Garrett PD6500i walk-through metal detector (WTMD) and one each L3-RAPISCAN 622xr located in the mailroom located at the St Petersburg VA Regional Office located at 9500 Bay Pines Blvd, Bay Pines, FL 33744-8700. One each Garrett PD6500i walk-through metal detector (WTMD) located at Lake Baldwin OPC Orlando located at 5201 Raymond Street Orlando, FL 32803-8208 . Base Year: Period of Performance: POP Begin 09-26-2022 POP End: 09-25-2023 ITEM NO. DESCRIPTION QTY UNIT QT COST SUB TOTAL 1000 Contractor shall provide all inspection and 4 QT $____________ $__________ preventive maintenance, supervision, labor, transportation, tools, parts, updates and required reports to ensure uninterrupted service of one each Nuctech C7555B1 x-ray machine and one each Garrett PD6500i walk-through metal detector (WTMD) and one each L3-RAPISCAN 622xr located in the mailroom located at the St Petersburg VA Regional Office located at 9500 Bay Pines Blvd, Bay Pines, FL 33744- 8700. One each Garrett PD6500i walk-through metal detector (WTMD) located at Lake Baldwin OPC Orlando located at 5201 Raymond Street Orlando, FL 32803-8208 . Option Year 1: Period of Performance: POP Begin 09-26-2023 POP End: 09-25-2024 ITEM NO. DESCRIPTION QTY UNIT QT COST SUB TOTAL 2000 Contractor shall provide all inspection and 4 QT $____________ $__________ preventive maintenance, supervision, labor, transportation, tools, parts, updates and required reports to ensure uninterrupted service of one each Nuctech C7555B1 x-ray machine and one each Garrett PD6500i walk-through metal detector (WTMD) and one each L3-RAPISCAN 622xr located in the mailroom located at the St Petersburg VA Regional Office located at 9500 Bay Pines Blvd, Bay Pines, FL 33744-8700. One each Garrett PD6500i walk-through metal detector (WTMD) located at Lake Baldwin OPC Orlando located at 5201 Raymond Street Orlando, FL 32803-8208 . Option Year 2: Period of Performance: POP Begin 09-26-2024 POP End: 09-25-2025 ITEM NO. DESCRIPTION QTY UNIT QT COST SUB TOTAL 3000 Contractor shall provide all inspection and 4 QT $____________ $__________ preventive maintenance, supervision, labor, transportation, tools, parts, updates and required reports to ensure uninterrupted service of one each Nuctech C7555B1 x-ray machine and one each Garrett PD6500i walk-through metal detector (WTMD) and one each L3-RAPISCAN 622xr located in the mailroom located at the St Petersburg VA Regional Office located at 9500 Bay Pines Blvd, Bay Pines, FL 33744-8700. One each Garrett PD6500i walk-through metal detector (WTMD) located at Lake Baldwin OPC Orlando located at 5201 Raymond Street Orlando, FL 32803-8208 . Option Year 3: Period of Performance: POP Begin 09-26-2025 POP End: 09-25-2026 ITEM NO. DESCRIPTION QTY UNIT QT COST SUB TOTAL 4000 Contractor shall provide all inspection and 4 QT $____________ $__________ preventive maintenance, supervision, labor, transportation, tools, parts, updates and required reports to ensure uninterrupted service of one each Nuctech C7555B1 x-ray machine and one each Garrett PD6500i walk-through metal detector (WTMD) and one each L3-RAPISCAN 622xr located in the mailroom located at the St Petersburg VA Regional Office located at 9500 Bay Pines Blvd, Bay Pines, FL 33744-8700. One each Garrett PD6500i walk-through metal detector (WTMD) located at Lake Baldwin OPC Orlando located at 5201 Raymond Street Orlando, FL 32803-8208 . Option Year 4: Period of Performance: POP Begin 09-26-2026 POP End: 09-25-2027 Grand Total all Years Base plus four one-year option $_____________________ Description of Requirement : Detection and screening System Maintenance Services Statement of Work Detection and Screening Security (DSS) System Maintenance Contract R09/11/2022 Vision Statement: To award a quarterly (QT) service contract to ensure uninterrupted service of one each Nuctech C7555B1 x-ray machine and one each Garrett PD6500i walk-through metal detector (WTMD) and one each L3-RAPISCAN 622xr located in the mailroom located at the St Petersburg VA Regional Office located at 9500 Bay Pines Blvd, Bay Pines, FL 33744-8700. One each Garrett PD6500i walk-through metal detector (WTMD) located at Lake Baldwin OPC Orlando located at 5201 Raymond Street Orlando, FL 32803-8208 . Introduction: In accordance with VA Directive 0730 (12 December 2012) the Saint Petersburg Veterans Administration Regional Office (VARO) is responsible for protecting the lives and property within VAs jurisdiction to which includes the safety and security of its employees and visitors as well as the security and access of the facility, equipment, supplies, and personal service records within the St Petersburg VARO. St. Petersburg VARO will therefore establish a Detection and Screening System (DSS) at the main entrance to the VARO, DSS includes X-ray machines and walk-through metal detectors (WTMD). The Lake Baldwin OPC Orlando is included in the VARO s jurisdiction. The DSS is used for the pre-screening of persons, packages, and personal items for detection of contraband, such as, weapons, drugs, explosives, and other potential threatening items or materials prior to authorizing entry or delivery into the building. Scope: The Contractor shall provide all supervision, transportation, labor, materials, tools, parts, supplies, equipment, software updates, hardware, shipping, to provide full preventive maintenance on a quarterly basis to include repair or replacement of parts, as identified on a SCR or unscheduled maintenance emergency or system failure or part failure requiring replacement. The existing DSS components include, i.e., x-ray machines, walk-through metal detectors, x-ray monitor, feeder trays and all associated components to the DSS. Nuctech CX7555B1 X-ray machine located at the main entrance, The PD 6500i walk-through detector located at the main entrance, the L3-Rapiscan 622XR located in the mailroom at the St Petersburg VA Regional Office and the PD 6500i Walk-through metal detector located at the Lake Baldwin OPC Orlando location. New and or additional DSS components repaired and/or installed during the duration of the contract will be maintained under this DSS maintenance contract by modification to the future contract. The Contractor will coordinate with the project manager /Contracting Officer Representative (COR), if one is appointed. The Contractor will ensure their employees have a thorough knowledge of the installation and full functionality of x ray machines, walk-through metal detectors, and L3-Rapiscan 622XR. The Contractor will be familiar with the current DSS components, their installation, operation, repair, functionality, and market availability. The Contractor will adhere to ANSI standards. Location and Hours of Work: Accomplishment of the results contained in this PWS requires work at the VA Regional Office, 9500 Bay Pines Blvd, Bay Pines, FL 33744-8700, and the Lake Baldwin OPC Orlando located at 5201 Raymond Street Orlando, FL 32803-8208. Normal workdays are Monday through Friday except US Federal Holidays from 8:00am to 4:00pm.  If work requires the interruption of normal business operations at the Regional Office, then that service must be performed after hours. After hours work (evening and weekends) will be coordinated in advance with the project manager or COR if one is appointed by the Contracting Officer (CO). Deliverables: The following section specifies the Performance Objectives and Performance Elements for the contract. Provide four scheduled quarterly (QT) PM Services and in the 4th QT submit one annual PM maintenance in accordance with MFG recommendations. Service Call Report (SCR) shall be submitted upon completion of each QTR inspection service. The Contractor shall perform visual and mechanical inspection. Visual and mechanical inspection will include at a minimum:   Vacuum system interior and exterior   Inspect conveyor rollers   Inspect condition of conveyor belt and lacing   Adjust conveyor belt tension and tracking   Inspect condition of x-ray sensor dust shields   Inspect for x-ray generator oil leakage   Align and clean optical sense modules   Test indicator lamps for proper operation Electronic Checks and Adjustments: Electronic checks and adjustments will include at a minimum:   Adjust x-ray tube voltage and current   Test operator control panel functions    Adjust monitors   Inspect conveyor relays   Adjust power supply voltages   Collimate x-ray beam   Verify x-ray image quality & resolution  The Contractor shall perform operational safety checks: Operational safety checks will include at a minimum: Inspect AC line cord for damage and test for proper grounding Inspect finger guards and/or pop-out rollers for damage Verify conveyor under panels are securely attached Test emergencies stop switches  The Contractor shall provide radiation safety measures: Radiation safety measures will contain at a minimum: Measure radiation dose per inspection (annual), test all safety interlocks for proper operation Measure external radiation emissions (annual) Test all "x-ray on indicators for proper operation Inspect condition of lead curtains Inspect operator foot mat for condition and test for proper operation Preparation of FAA Form 1650-17.  Contractor shall submit with SCR on Quarterly/Annual inspections performed and documented. Provide unscheduled maintenance service support: In an instance where the system crashes contractor shall respond with within 24 hours of notification and repair shall be completed within 48 hours. If the problem requires a replacement, contractor shall notify the project manager via SCR for evaluation by the project manager and CO. A course of will be determined based on each occurrence that cannot be resolved within 48 hours. Training: Contractor shall coordinate, plane, schedule to provide four (4) hours of operator training. Training shall be coordinate planned and scheduled with the station project manager. Every six months contractor shall plan coordinated and conduct a semiannual training. Special Requirements: This section describes the special requirements under the service agreement/contract. Security : The Contractor is required to enter and exit the St Petersburg VARO through the front entrance.  Entering or exiting the building through any other door will require VARO approval and an escort will be required.  Upon entering the building, the contractor and/or contractor employees will be required to show proof of identity (must have a valid photo ID) as well as pass through a security screening. Technician will be escorted while they are inside the Regional Office and Lake Baldwin out-based offices. Safety: The following safety criteria shall be met at the time of the acceptance inspection: The Contractor shall provide all safety equipment/devices, personal protective equipment and clothing as required for its employees. Contractor Furnished Materials: The Contractor shall provide and utilize on the job site any diagnostic equipment that will enable the Contractor to repair and return all DSS components to the original performance specifications as outlined in the original manufacture s guidelines. As applicable to the specific maintenance contract schedule, service actions performed by Contractor will include all parts, materials, and labor required to adjust, maintain, repair, or restore the equipment to proper operating condition in accordance with the manufacturer's specifications. Contractor will not perform any modifications to the equipment without VA's written approval. Contractor will perform all service actions at the equipment site whenever possible and practical. Contractor will perform all service actions with the least possible interference or disruption to the orderly conduct of VA's normal operations. Upon the completion of service, Contractor will leave VA's premises in as neat, orderly, and clean condition as existed upon start of services. Contractor will be responsible for obtaining all air side passes, work permits, clearances, and required licenses. Contractor will be responsible for compliance with all laws, codes, rules, and regulations applicable to services performed under this contract. Contractor will not transfer or assign its obligations under this contract, either in whole or in part, without the prior written approval of VA. Applicable Directives: Contractor represents and warrants that the performance of this contract and the furnishing of goods or services required shall be in accordance with the applicable standards, provisions and stipulations of all pertinent Federal, State or Authority laws, rules, regulations, resolutions, and ordinances including but not limited to the Fair Labor Standards Act, the Equal Employment Opportunity rules and regulations, the Transportation Safety Act, the National Environmental Policy Act, and the Occupational Safety and Health Acts. Hazardous waste disposal: Mandatory compliance 29 CFR 1926 Corps of Engineers Manual EM 385-1-1, "General Safety Requirements as well as the specific requirements stated elsewhere in the Contract Documents. EM 385-1-1 can be found at http://federalconstruction.phslegal.com/uploads/file/EM-385-1-1_2008.pdf. FR 1926.20 Period of Performance: Base year with four (4) one year option years. 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: FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) FAR 52.212-2 Evaluation Commercial Items (NOV 2021), applies to this solicitation. Offers will be evaluated on 1. Technical 2. Past Performance 3. Price. Technical & Past Performance when combined is more important than price. 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. Government may elect to award all or part of the configuration/components that comprise the entire DSS system . Offerors may elect to quote service cost for all the components, and can list each component as separate line-item or submit a quote on the component that they can service. Offerors can also elect to include an alternative quote if they can provide a better alternative that can meet the minimum requirements stated in the Statement of work. Include an available industry commercial alternative to how the government can resolve a component that is possibly NOT serviceable. If a change in the current configuration is the Governments best interest, provide an alternative, or equal solution. Submit information with your submission. Complete VAAR 852.219-77 and submit with quote. Government request most favored customer pricing If using a subcontractor(s) include the companies ; name, address, phone, email, website, point of contact, UEI and a less than one page explanation of what their role I performance of the eventual contract. Site visit will be held on 15 September 2022, 10:00 AM. RSVP to Project Manager (PM) on site danny.wert@va.gov with cc to the Contracting Officer at Raymond.tracye@va.gov. Unless otherwise notified by the PM the marshalling point is the entrance /lobby of 9500 Bay Pines 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): https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaam/index.asp https://www.va.gov/oal/library/vaam/index.asp 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) 52.222-19 Child Labor-Cooperation with Authorities & Remedies ( Jan 2022 ) 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 52.225-3 Buy American-Free Trade agreements-Israeli Trade Act Alternate II (NOV 2021) 52.228-5 Insurance Work on a Government Installation (JAN 1997)   (a) 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) 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) 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) 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)JUN 2020) 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 852.212-70 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_ 852.203-70, 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. _X_ 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. _X_ 852.219-77, VA Notice of Limitation on Subcontracting- Certificate of Compliance for Services and Construction ( SEP 2021) (Deviation) ___ 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. _X_ 852.270-1, Representatives of Contracting Officers. ___ 852.271-72, Time Spent by Counselee in Counseling Process. ___ 852.271-73, Use and Publication of Counseling Results. ___ 852.271-74, Inspection. ___ 852.271-75, Extension of Contract Period. ___ 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) VAAR 852.273-74 Award Without Exchanges (NOV 2021) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror s best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary. (End of provision) VAAR 852.219-74 Limitations on Subcontracting (JUL 2018) (DEVIATION) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. 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) VAAR 852.219-77 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 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) 52.212-5, Terms and Conditions Required to Implement Executive Orders Commercial Items (MAY 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) (9) 52.209-9 Update of Publicly Available Information Regarding Respo...