H291--VACHS UST and AST Inspections and Testing - Service Contract (VA-24-00091105)
VA Connecticut Healthcare System VACHS Storage Tank Inspection and Testing Services Page 2 of 2 Description This is a combined synopsis/solicitation for commercial products and services prepared in ac... VA Connecticut Healthcare System VACHS Storage Tank Inspection and Testing Services Page 2 of 2 Description This is a combined synopsis/solicitation for commercial products and services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as RFQ 36C24124Q0668. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03. The associated North American Industrial Classification System (NAICS) code for this procurement is NAICS 238910 (Site Preparation Contractors) size standard $19 million. VA Connecticut Healthcare System West Haven and Newington Campuses require initial inspection and testing services, and annual inspection and testing services, three year required inspections, ten year required inspections, and onsite operator training for Underground Storage Tank (UST) and Above Ground Storage Tank (AST)and associated Automatic Tank Gauging (ATG) system inspections and testing services to comply with local and federal UST and AST regulatory requirements. VACHS is currently seeking services for all labor, transportation, parts, and expertise necessary to provide preventative maintenance and emergency (unscheduled) repair of the VACHS UST and AST inventory. Please reach out to Melissa Metevelis melissa.metevelis@va.gov for all technical questions with the below SOW. Please submit bids in the form of a base plus 4 option year contract. All interested companies shall provide quotations for the following: STATEMENT OF WORK UNDERGROUND AND ABOVE GROUND STORAGE TANK INSPECTION AND TESTING SERVICES BACKGROUND VA Connecticut Healthcare System West Haven and Newington Campuses require initial inspection and testing services, and annual inspection and testing services, three year required inspections, ten year required inspections, and onsite operator training for Underground Storage Tank (UST) and Above Ground Storage Tank (AST)and associated Automatic Tank Gauging (ATG) system inspections and testing services to comply with local and federal UST and AST regulatory requirements. VACHS is currently seeking services for all labor, transportation, parts, and expertise necessary to provide preventative maintenance and emergency (unscheduled) repair of the VACHS UST and AST inventory. JUSTIFICATION Veterans Health Administration (VHA) seeks to continue to improve the operational capabilities of critical support systems by establishing services that result in fewer operational problems, improved communications, increased efficiency within the facility and to improve the quality of services to veterans. RSCA Section 22a-449(d)-106 requires that all regulated UST s must be maintained in a safe and operable condition at all times. LOCATION OF SERVICES VA Medical Center West Haven 950 Campbell Avenue West Haven, CT 06516 VA Medical Center Newington 555 Willard Avenue Newington, CT 06111 PERIOD OF PERFORMANCE Base contract and four (4) annual option years. QUALIFICATIONS To be considered eligible for consideration, potential bidders shall have a field service representative located within 200 miles of the West Haven and/or Newington Campuses of the VA Connecticut Healthcare System and have been trained by the Original Equipment Manufacturer (OEM) on the specific model of equipment that he/she is being asked to provide services for. Bidders must provide upon request, documentation of factory certified service/maintenance training on the specific equipment under the terms of this contract. The Contracting Officer and/or Contracting Officer s Representative (COR) specifically reserve the right to reject any of the Contractor s personnel and refuse them permission to work on the equipment outlined herein, based upon credentials provided. Bidders shall be certified by the Steel Tank Institute (STI) or the American Petroleum Institute (API), or have equivalent qualifications approved by the Connecticut Department of Energy and Environmental Protection (DEEP). Bidders shall provide documentation and qualification to provide instruction of proposed Operator Training administered by Licensed Instructor(s), and Program & Exams be in accordance with the Regulations of Connecticut State Agencies (RSCA) 22a-449(d)-108(b) and approved by the Connecticut Department of Energy and Environmental Protection (DEEP). Subcontracting of any ensuing award of this solicitation shall be allowed without written permission of the Contracting Officer. Service response on calls from unauthorized personnel could result in non-payment. SCOPE OF WORK The contractor shall furnish all labor, materials, equipment, tools, supervision, and all incidentals to complete the work for the services described in this document including inspection and testing of Underground and Above Ground Storage Tanks. Inspections and Testing for the VACHS inventory of Underground Storage Tanks (UST) and Above Ground Storage Tanks (AST), associated Automatic Tank Gauge (ATG) system inspections and testing. VA Medical Center West Haven current inventory includes one (1) UST and ten (10) AST. VA Medical Center Newington current inventory includes three (3) UST. For each contract option year renewal, review with the VA Contracting Officer, VA COR, and VA GEMS Coordinator any additional inventory, removal of inventory, and replacement of inventory to be adjusted for contract requirements and as to maintain compliance with the Annual Notification for Underground Storage Tanks Form DEEP-UST-NOT-001 submitted by VACHS to The Connecticut Department of Energy and Environmental Protection. The UST and AST systems shall be inspected and tested or retested in accordance with 22a-449(d)-101 through 103 of the Regulations of Connecticut State Agencies (RSCA). In addition, Medical Center Spill Prevention, Control, and Countermeasure (SPCC) Plan requires an Annual Pump Controller/ Day Tank inspection for VACHS inventory of all AST s associated with generators. VACHS SPCC Plan for 10 year Inspection for Above Ground Boiler Plant Tanks: 6.14 Certified Tank Inspections of Large ASTs The VACHS will retain the services of a Certified Tank Testing Contractor to perform an integrity test of all ASTs with capacities greater than 5,000 gallons in accordance with the STI Standard SP001, revised January 2018, 6th edition, API Standard 653, or other industry standard determined by the tank tester to be appropriate for the type of tank, under the following circumstances: Every ten (10) years from the date the tank was installed as new; Whenever material repairs or alterations are made to the tank; If evidence of a leak occurs; In the event of damage to the tank or containment structure; or If the results of the internal and/or external tank inspections reveal evidence of leakage or deterioration. The Certified Tank Inspection shall include all of the elements of the monthly and annual inspections, as well as a tank integrity test that is appropriate for the type of AST such as: a hydrostatic test, ultrasonic test, radiographic test, or other non-destructive shell testing method. Tests of the AST piping system will be performed in accordance with the applicable industry standard for the type of piping or as recommended by the piping manufacturer or a qualified piping inspector. Scheduled inspections and testing shall be completed Monday through Friday and during regular business hours of 8:00 a.m. and 4:30 p.m. with a minimum 5-day notification. No work shall be performed on Government Holidays unless an emergency status has been indicated by the VA Contracting Officer. US Federal Holidays: New Year s Day Martin Luther King Jr. Day President s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran s Day Thanksgiving Day Christmas Day Combined Synopsis-Solicitation for Commercial Products and Commercial Services Revision 01 Effective: 05/30/2023 West Haven Storage Tank Inventory: AST Tank Building 1 (Generator Building 1) 1 x 8,000-gal diesel AST. Testing/Calibration: ATG (Pneumercator ETD 1000 & TMS 2000) Annually. Pump Controller/Day Tank Inspection per SPCC Annually. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. AST Tank Building 1 (Generator Building 1) 1 x 10,000-gal diesel AST. Testing/Calibration: ATG (Pneumercator ETD 1000 & TMS 2000) Annually. Pump Controller/Day Tank Inspection per SPCC Annually. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. UST Tank L: Bldg. 2 (Generator Building 2) 1 x 12,500-gal diesel UST. (Emergency Generator only) Initial Hydrostatic testing of Sumps and Spill Buckets. Pump Controller/Day Tank Inspection per SPCC Annually. Testing/Calibration: ATG (Veeder-Root TLS-300C) Annually. Tanks and line tightness testing Annually. Line Cathodic Protection testing. Annually. Hydrostatic testing of Sumps and Spill Buckets Every 3 years. UST Integrity test Every 3 years. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. AST Tank M: Bldg. 65 (Grounds) 1 x 500-gal diesel AST. (Emergency Generator only) Testing/Calibration: ATG (Pneumercator ETD 1000 & TMS 2000) Annually. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. AST Boiler Tank Farm (Boiler Plant) 4 x 20,000-gal #2 Fuel AST. (Boilers) Testing/Calibration: ATG (Pneumercator TMS 3000) Annually. 10 Year Review of Farm Tanks: Third Party Inspection. (Due 2028). Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. AST Tank 19 (Generator Building 19) 1 x 10,000 gal AST Testing/Calibration: ATG (Veeder-Root TLS-300C) Annually. Pump Controller/Day Tank Inspection per SPCC Annually. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. AST Tank Building 1 SPS (Generator 20) 1 x 2,000 gal AST Testing/Calibration: ATG (Veeder-Root TLS-300C) Annually. Pump Controller/Day Tank Inspection per SPCC Annually. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. AST Fuel Tank Base (Generator 30) 1 x 2,000-gal diesel AST. (Emergency Generator only) Testing/Calibration: ATG (Veeder-Root TLS-300C) Annually. Pump Controller/Day Tank Inspection per SPCC Annually. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. Newington Storage Tank Inventory: UST Tank #4: (Building 11) 1 x 6,000-gal diesel UST (Emergency Generator Only) Initial Hydrostatic testing of Sumps and Spill Buckets. Pump Controller/Day Tank Inspection per SPCC Annually. Testing/Calibration: ATG (Veeder-Root TLS-300C) Annually. Tank and line tightness testing Annually. Line Cathodic Protection test Annually. Hydrostatic testing of Sumps and Spill Buckets Every 3 years. UST Integrity testing Every 3 years. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. UST Tank #6: (Building 2W) 1 x 4,000-gal diesel UST (Emergency Generator Only) Initial Hydrostatic testing of Sumps and Spill Buckets. Pump Controller/Day Tank Inspection per SPCC Annually. Testing/Calibration: ATG (Veeder-Root TLS-300C) Annually. Tank and line tightness testing Annually. Line Cathodic Protection test Annually. Hydrostatic testing of Sumps and Spill Buckets Every 3 years. UST Integrity testing Every 3 years. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. UST Tank #7: (Building 2E) 1 x 6,000-gal diesel UST (Emergency Generator Only) Initial Hydrostatic testing of Sumps and Spill Buckets. Pump Controller/Day Tank Inspection per SPCC Annually. Testing/Calibration: ATG (Veeder-Root TLS-300C) Annually. Tank and line tightness testing Annually. Line Cathodic Protection test Annually. Hydrostatic testing of Sumps and Spill Buckets Every 3 years. UST Integrity testing Every 3 years. Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. Description of Services: Service provider shall perform Inspection and Testing to maintain compliance with all local, state, and federal tank inspection and testing regulations and guidelines. Contractor shall provide a schedule of regulatory inspections and testing and self-verify all AST and UST system components and testing/inspections requirements in accordance with 22a-449(d)-101 through 103 of the Regulations of Connecticut State Agencies (RSCA). Initial Hydrostatic testing of Sumps and Spill Buckets. Automatic Tank Gauge Testing (ATG) Veeder-Root (TLS-300C x4) Automatic Tank Gauge Testing (ATG) Pneumercator (TMS 3000, TMS 2000, ETD 1000 & LDE 700) Hydrostatic Sumps Test Hydrostatic Spill Buckets Test Tanks and Line Tightness Test Cathodic Protection Test UST Integrity Test Third Party Tank Farm Inspection Submit inspection checklist and report deficiencies to the VA Contracting Officer, VA COR, VA Chief Engineer, and VA GEMS Coordinator. Coordinate all Inspections and Testing with the facility GEMS Coordinator through the VA Safety Department located at each Medical Center. Coordinate all placement and removal of Lockout Tagout devices for ay energy sources with the VA Safety and Outage Coordinator in compliance with MCP 138-075 LOTO Policy. Coordinate requests to access Confined Space(s) with the VA Safety Department through permit and entry of Confined Space in compliance with SOP SO-010. Training: Service provider shall provide onsite initial operator training and certification to a first and second shift VA Staff at West Haven and first shift VA Staff at Newington campuses to meet the facility requirements for Class A/B Operators, and Class C Operators as required by RSCA Section 22a-449(d)-108(c)(2). Class A Operator Training: primary statutory and regulatory responsibility to operate and maintain the underground storage tank system. The Class A Operator s responsibilities include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. Class B Operator implements applicable underground storage tank regulatory requirements in the field. This individual implements the day-to-day aspects of operating, maintaining, and recordkeeping for underground storage tanks at one or more facilities. Class C Operator is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems. This individual notifies the Class B or Class A operator and appropriate emergency responders when necessary. Not all employees of the facility are necessarily Class C operators. Eight (8) VA Staff for initial Class A/ B Operator Trained/Certified at West Haven VAMC. Seven (7) VA Staff for initial Class A/ B Operator Trained/Certified at Newington VAMC. Twenty (20) VA Staff for initial Class C Operator Trained/Certified at West Haven VAMC. Five (5) VA Staff for initial Class C Operator Trained/Certified at Newington VAMC. Onsite refresher training/retraining is required every two years for a minimum of six (6) VA Staff at West Haven and six (6) VA Staff at Newington campuses to meet facility training as required per RSCA Section 22a-449(d)-108(c)(2). Onsite re-training specific to Notice of Violation (NOV) to include seven (7) Class A/B Operator Trained/Certified and five (5) Class C Operator Trained/Certified VA staff at Newington VAMC to meet facility re-training as required per RSCA Section 22a-449(d)-108(c)-(2). SUBMITTALS/DELIVERABLES Service provider shall provide to the VA an inspection schedule of required inspections and inspection frequency. Service provider shall request specific records to tanks, piping, and other information required to perform services. The Service provider shall submit two (2) hard copies and electronic copy of all inspection and testing data/reports to the VA COR and VA Safety/GEMS Coordinator within five (5) business days. Repairs and replacements identified in the generated report shall not be considered for modification or inclusion into this contract. The Service Provider shall be responsible for the proper disposal of all waste generated while conducting inspections and testing. A Waste Manifest shall be provided to the GEMS Coordinator at each Medical Center for any waste that is generated, including Universal Waste, Hazardous Waste, Used Oil, etc. VA shall provide all specific UST and AST tank information referencing current inventory required to perform task and scope of work. VACHS shall coordinate and conduct an Annual inventory review with the VA Contracting Officer, VA COR, and VA GEMS Coordinators to maintain VACHS inventory for compliance with all required inspections and testing, and the required Annual Notification for Underground Storage Tanks submitted by VACHS to The Connecticut Department of Energy and Environmental Protection. SPECIAL INSTRUCTIONS Contractor Check-in: All employees of the service provider shall comply with VA Security Management Program and obtain permission of the VA Police and restricted from unauthorized access. Upon arrival, the contractor shall sign-in at Building 15 in West Haven and Building 3, 3rd Floor in Newington and receive a temporary identification badge prior to performing services at VA Connecticut Healthcare System. The contractor shall wear visible identification always displaying the name and company ID while on site. All site visits shall be coordinated with the VA COR or assigned POC. Per Directive 1805, smoking, vaping, and smokeless tobacco are prohibited on the grounds of VA facilities, including in vehicles. This Directive applies to all Service providers and their employees. No photography of VA premises is allowed without written permission of the contracting officer. Patients and staff are not to be photographed at any time. VA reserves the right to close down or shut down the facilities and order Service provider employees off the premises in the event of a national emergency. The Service provider may return to the site only with the written approval of the VA Contracting Officer. Parking for Service provider and employees shall be in designated areas only. Service provider shall coordinate with VA COR. The Service provider shall confine all operations (including storage of materials) on government premises to areas authorized or approved by the VA Contracting Officer. The Service provider shall confine all operations (including storage of materials) on government premises to areas authorized or approved by the VA Contracting Officer. The Service provider shall hold and save the government, its officers, and agents, free and harmless from liability of any nature occasioned by the Service provider s performance. Working space and space available for storing materials shall be as determined by the COR. Workers are subject to the rules of the Medical Center applicable to their conduct. Execute work in such a manner as to reduce impacts with work being done by others. Billing: Provide COR with a report or statement of work completed and include statements with request for payment. Statement should include service completed and the date each service item was completed. Labor charges shall be billed hurly, and any unused labor totals will be credited back to the VA Medical Center on the next billing cycle, upon receipt of the service report. Safety Codes / Certification / Licensing: Environmental abatement work, if necessary, is to be performed by Service Provider under supervision and monitoring for the VA by a Certified Industrial Hygienist. The Service Provider shall comply with all codes as described above, as well as codes customarily applied in VA construction jobs such as NFPA fire code, OSHA, VA Design Guides, etc. Labs used by the Service Provider shall be licensed as required by any applicable governing agencies, and their certifications and licenses shall be included in the reports. Travel: Service Provider and/or subcontractors will travel from their place of business to the West Haven and Newington VA Medical Center of the VA Connecticut Healthcare System. Evaluation Process Award will be made to the best price, as determined to be the most beneficial to the Government. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process. Vendors quotes shall be evaluated under FAR Part 13.106-2(b) -- Evaluation of Quotations or Offers. The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price, past performance, and capabilities. The following factors shall be used to evaluate offers: 1. Price (Follow these instructions): a. Vendor shall provide a quote for the services above. Vendors must also provide all applicable labor rates for the solicited services so they can be compared to the applicable wage determination for compliance with the Service Contract Labor Standards (SCLS) if applicable. b. Ensure your validation is current in the System for Award Management (SAM)( https://www.sam.gov). Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation. 2. Capable: The vendors quote shall be evaluated to determine if the organization has the experience and capabilities to provide the requested services in accordance with the Statement of Work in a timely efficient manner. a. Contractor shall demonstrate their corporate experience and approach to meet all requirements. b. Contractor shall provide a list of all services included in the price. c. Contractor shall provide all current and relevant licenses and/or certifications for the State of service if applicable. d. If you are planning to sub-contract some or all of this work, please provide the name and address(s) of all subcontractor(s) (if applicable) and a description of their planned subcontracting effort. e. Contractor shall state and/or demonstrate their ability to meet all requirements and deliverables stated in this solicitation and Statement of Work. Any additional information to further identify how the company is experienced and capable of performing the requested work is welcome. 3. Veterans Preference Factor (per 852.215-70): The Government will assign evaluation credit for an Offeror (prime contractor) which is a Service-Disabled Veteran-Owned (SDVOSB) or a Veteran-Owned Small Business (VOSB). Non-SDVOSB/VOSB Offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. a. For SDVOSBS/VOSBs: In order to receive credit under this Factor, an Offeror shall submit a statement of compliance that it qualifies as a SDVOSB or VOSB in accordance with VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors . Offerors are cautioned that they must be registered and verified in Vendor Information Pages (VIP) database (http://www.VetBiz.gov). i. Verified SDVOSBs will receive a 5% price credit (e.g. if a SDVOSB submits an offer of $100.00, it will be evaluated as if it submitted an offer of $95.00). ii. Verified VOSBs will received a 2.5% price credit (e.g. if a VOSB submits an offer of $100.00, it will be evaluated as if it submitted an offer of $97.50). The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. (x) Please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with your offer via the SAM.gov website or a written copy. (xi) Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition in addition to the following addenda s to the clause: 52.252-2 Clauses Incorporated by Reference (FEB 1998), 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020), 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011), 52.204-13 System for Award Management Maintenance (OCT 2018), 52.204-18 Commercial Government Entity Code Maintenance (AUG 2020), 52.217-9 Option to Extend the Term of the Contract (MAR 2000), 52.228-5 Insurance-Work on a Government Installation (JAN 1997), 52.232-40 Providing Accelerated Payments to Small Business Subcontracting (DEC 2013), 852.212-70 Provisions and Clauses Applicable to VA Acquisitions of Commercial Items (APR 2020) 852.203-70 Commercial Advertising 852.219-74, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside 852.232-72 Electronic Submissions of Payment Requests 852.233-70 Protest Content/Alternative Dispute Resolution 852.233-71 Alternate Protest Procedure 852.270-1 Representatives of Contracting Officers 852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018) As prescribed in 819.7203(a) insert the following clause: (a) This solicitation includes 852.219-74, 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) 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) [X] 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 852.219-74 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 852.219-74 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 852.219-74 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. ...
Data sourced from SAM.gov.
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