Inactive

RFQ #: 36C24822Q1464 PROJECT TITLE: Elevator Inspection for West Palm Beach VA Medical Center (WPBVAMC) / Bruce W. Carter VA Medical Center Page 1 of 1 Page 1 of Page 3 of 26 Page 1 of 1 Page 1 of Thi... RFQ #: 36C24822Q1464 PROJECT TITLE: Elevator Inspection for West Palm Beach VA Medical Center (WPBVAMC) / Bruce W. Carter VA Medical Center Page 1 of 1 Page 1 of Page 3 of 26 Page 1 of 1 Page 1 of This is a combined synopsis/solicitation for commercial services/items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with FAR Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This combined synopsis/solicitation is issued as a Request for Quote (RFQ) 36C24822Q1464. Submit written quotes in accordance with Addendum to FAR 52.212-1, Instruction to Offerors. Oral quotes will not be accepted. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC-2022-06 / 04-26-2022. North American Industrial Classification Standard (NAICS) 333921, Elevator and Moving Stairway Manufacturing with a Size Standard of 1,000 Employees. West Palm Beach VA Medical Center intends to award a single Firm Fixed Price (FFP) contract for Elevator Inspection This procurement is set-aside for a Service Disable Veteran s Owned Business, Set-Asides and all eligible quoters are encouraged to submit quotes. To be eligible for award quoter must be Verified in the Vendor Information Pages (VIP) (https://www.vip.vetbiz.gov) and be registered with the System for Award Management (SAM) at the time of the close of the RFQ and at the time of award. Quote shall be valid 90 days from the close of this solicitation. Questions are due No Later Than Friday August 12, 2022 at 4:00 PM ET. Only email questions will be excepted. Email questions to Contract Specialist Michael Zorzi at Michael.Zorzi@va.gov. Quotes are due no later than Wednesday August 17th, 2022, at 16:00 PM ET. Quotes will only be accepted in Microsoft Word or .pdf format by email to: Contract Specialist Michael Zorzi at Michael.Zorzi@va.gov. Insert RFQ# in subject line of email. Table of Contents SECTION B 3 B.1 CONTRACT ADMINISTRATION DATA 3 B.2 PRICE/COST SCHEDULE 5 ITEM INFORMATION 5 B.3 PERFORMANCE WORK STATEMENT 5 SECTION C - CONTRACT CLAUSES 7 C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 7 C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 7 C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 7 C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) 8 C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION) 10 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 11 Appendix A - Cost Estimate CPMRS Pricing Sheet 11 SECTION E - SOLICITATION PROVISIONS 12 E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS 12 E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 15 E.3 52.212-2 EVALUATION OF QUOTES 15 SECTION B B.1 CONTRACT ADMINISTRATION DATA 1. Contract Administration: All contract administration matters will be handled by the following individuals: CONTRACTOR: (Company Name) (Address) (City-State-Zip) POINT OF CONTACT: PHONE NUMBER: E-MAIL ADDRESS: DUNS #: TAX ID (TIN) #: FSS #: GOVERNMENT: Michael Zorzi, Contract Specialist (E): Michael.Zorzi@va.gov Network Contracting Office 8 (NCO 8) West Palm Beach Services Team 7305 North Military Trail Palm Beach Gardens, FL 33410 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with: [[X] 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) 3. INVOICES/PAYMENT: Invoices shall be submitted electronically the following month services were performed in accordance with: 852.232-72 Electronic Submission of Payment Requests (NOV 2018) Upon acceptance of services. Payments shall be made in arrears upon receipt of a properly prepared invoice. In order to comply with the Improper Payment Elimination and Recovery Act of 2012 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment. VA s Electronic Invoice (e-Invoice) system uses a third-party contractor (Tungsten Network) for submission of electronic invoices. Go to this website to begin submitting electronic invoices, free of charge: http://www.tungsten-network.com/customer-campaigns/veteransaffairs-us/ For assistance setting up e-Invoice, the below information is provided: Tungsten Network e-Invoice Registration: VA.Registration@tungsten-network.com Tungsten Network e-Invoice Setup Information: (877)752-0900 (Option 2 - Enrollment) Tungsten Network Customer Service: (877)489-6135 OB10 Portal to submit electronic invoices: VA.Registration@ob10.com VAFSC for Invoice receipt or payment questions, call: (877)353-9791 or VAFSC Email: vafsccshd@va.gov FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows: AMENDMENT NO DATE ___________ __________ ___________ __________ ___________ __________ CONTRACT ADMINISTRATION The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof. B.2 PRICE/COST SCHEDULE ITEM INFORMATION Item Number Description of Services Quantity Unit Unit Price Amount  BASE YEAR     0001 Elevator Semi-Annual Inspection (Miami) 44 EA  $ 0002 Elevator Semi-Annual Inspection (WPB) 48 EA  $ 0003 dumbwaiter (Miami) 2 EA  $ 0004 dumbwaiter (WPB) 10 EA  $ 0005 Lift Cart (WPB) 10 EA $ 0006 5-Year Load Test Miami 1 EA  OPTION YEAR ONE 1001 Elevator Semi-Annual Inspection (Miami) 44 EA  $ 1002 Elevator Semi-Annual Inspection (WPB) 48 EA  $ 1003 dumbwaiter (Miami) 2 EA  $ 1004 dumbwaiter (WPB) 10 EA  $ 1005 Lift Cart (WPB) 10 EA $  OPTION YEAR TWO    $ 2001 Elevator Semi-Annual Inspection (Miami) 44 EA  $ 2002 Elevator Semi-Annual Inspection (WPB) 48 EA  $ 2003 dumbwaiter (Miami) 2 EA  $ 2004 dumbwaiter (WPB) 10 EA  $ 2005 Lift Cart (WPB) 10 EA $  OPTION YEAR THREE   $ 3001 Elevator Semi-Annual Inspection (Miami) 44 EA  $ 3002 Elevator Semi-Annual Inspection (WPB) 48 EA  $ 3003 dumbwaiter (Miami) 2 EA  $ 3004 dumbwaiter (WPB) 10 EA  $ 3005 Lift Cart (WPB) 10 EA $  OPTION YEAR FOUR   $ 4001 Elevator Semi-Annual Inspection (Miami) 44 EA  $ 4002 Elevator Semi-Annual Inspection (WPB) 48 EA  $ 4003 dumbwaiter (Miami) 2 EA  $ 4004 dumbwaiter (WPB) 10 EA  $  4005 Lift Cart (WPB) 10 EA  $     GRAND TOTAL $ B.3 PERFORMANCE WORK STATEMENT West Palm Beach Veterans Affairs Medical Center 7305 N Military Trail, West Palm Beach, FL 33410 Performance Work Statement 5-Year Elevator Inspection Service Contract 1.0 Introduction. 1.1. The Government requires the semi-annual inspection of (22) elevators / (1) dumbwaiter at the Bruce W. Carter VA Medical Center; and (24) elevators / (5) dumbwaiters / (5) lift carts at the West Palm Beach VA Medical Center. This will be a 5-year (base plus 4) service contract with (2) inspections per option year, for a grand total of (10) inspections per elevator, per facility. 2.0 Description / Scope / Objective. 2.1. The Contractor shall furnish sufficient technical, supervisory, and administrative personnel to ensure the expeditious accomplishment of the work specified in this Performance Work Statement (PWS). Additionally, Contractor shall furnish all services, materials, supplies, equipment, investigations, studies, and travel required in connection with this PWS. A site visit is not required for this project. 3.0 Applicable Documents. 3.1. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply: FAR Federal Acquisition Regulation VAAR Veterans Administration Acquisition Regulation VA Directives, Design Manuals, Master Specs https://www.cfm.va.gov/til/ https://www.cfm.va.gov/TIL/spec.asp ASME American Society of Mechanical Engineers OSHA Occupational Safety and Health Administration SCA DOL Website Service Contract Act (SCA) Directory of Occupations (Fifth Edition) http://www.dol.gov/whd/contracts/sca.htm 3.2. Glossary. Acronyms used in this PWS are listed below for easy reference: ANSI American National Standards Institute ASME American Society of Mechanical Engineers AWS American Welding Society CO Contracting Officer COR Contracting Officer s Representative FAR Federal Acquisition Regulation NFPA National Fire Protection Association OEM Original Equipment Manufacturer OSHA Occupational Safety and Health Administration 4.0 Performance Requirements. 4.1. The contractor shall perform semi-annual elevator inspections and safety tests for all elevators and dumbwaiters at both facilities in accordance with the latest editions of ASME A17.1, A17.2, and all referenced documents. 4.1.1. The inspections and tests shall be witnessed by an ASME QEl-1 qualified elevator inspector, and the contractor shall tag the tested devices after the inspection and safety tests have been performed and certified by the inspector. 4.1.2. Each report (1 per elevator) shall be submitted on the latest edition of the ASME Checklist for Inspection of Electric Elevators, or ASME Checklist for Inspection of Hydraulic Elevators, as appropriate. Any deficiencies shall be explained in the comment section. The contractor shall submit reports (digital and 1 hardcopy) no later than 14 days after the inspections are complete. 4.1.3. If a major or critical issue is found in an elevator, the contractor must notify the COR immediately. 4.1.4. These inspections must be completed every 6 months for Five years for a total of (10) inspections. After the first inspection, each semi-annual inspection must be completed within a 14-day window of the 6-month anniversary of the previous inspection. The inspections for the Miami VA shall be performed in February and August. The inspections for the West palm Beach VA shall be performed in XXX and XXX. 4.1.5. (1) of these inspections shall be the 5-year load test, which is due in February of 2023 for the Miami VA. 4.2. All work performed shall be fully documented and signed by the contractor and supplied to the facility. All required licenses and permits shall be the responsibility of the Contractor. 4.3. The contractor must comply with, and maintain access to, all applicable VA specifications regarding this work. VA Master Construction Specifications and Design Manuals can be found at the following links: 4.3.1. VA Master Construction Specifications: https://www.cfm.va.gov/TIL/spec.asp 4.3.2. VA Design Manuals: https://www.cfm.va.gov/til/dManual.asp 4.4. The contractor must also comply with, and be able to obtain access to, the following: 4.4.1. All applicable standards referenced by VA specifications (ASME, NFPA, ANSI, AWS, OSHA, Florida Building Codes, etc). These standards include, but are not limited to, the following: 4.4.1.1. ASME A17.1 (Safety Code for Elevators and Escalators) and all referenced documents. 4.4.1.2. ASME A17.2 (Inspectors Manual for Electric Elevators and Escalators) and all referenced documents. 4.4.2. Any applicable manuals, user guides, maintenance instructions, or warranty information on current or new parts, systems, and materials. 4.4.2.1. For parts, materials, or systems that are currently installed: If this information is necessary and cannot be obtained, the COR must be notified in writing and will determine the next course of action. 5.0. Performance Location and Hours. 5.1. Places of Performance: 5.1.1. Bruce W. Carter Miami VA Medical Center, 1201 NW 16th Street, Miami, Florida 33125. 5.1.2. West Palm Beach VA Medical Center, 7305 N Military Trail, West Palm Beach, FL 33410 5.2. Most work will be performed during normal duty hours, which are 0730-1630, Monday through Friday, excluding Federal holidays. 5.3. Work that will cause major disruptions to patient care activities must be performed after hours and on weekends. This must be scheduled at least 2 weeks in advance, unless a different arrangement is approved by the COR. 5.4. Contractor shall check in with their site POC each time they are on site to complete scheduled work. 6.0. Deliverables. 6.1. The reports specified in section (4.1.2). along with any recommendations. 6.2. Any applicable manuals, user guides, maintenance instructions, or warranty information on labor and newly installed new parts, systems, or materials. 7.0. Key Personnel Replacement and Substitution. 7.1. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or required by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable. 7.2. If the Contracting Officer determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may, (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his discretion, if he finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage. 7.3. The Contractor shall replace any absent individual for any period greater than one workday so as to leave a full complement of trained qualified personnel at all times with no disruption of services. 8.0. Contractor Personnel and Management. 8.1. Contractor Personnel. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. 8.2. Government Badges. The COR will coordinate the issuance of required access badges to Contractor personnel. Contract personnel shall wear laminated identification badges provided by the Government at all times when performing. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard. 8.2.1 Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract. 8.3. Contractor Badges. Notwithstanding the requirement to wear a Government furnished badge, Contractor personnel shall also wear a laminated contractor identification badge at all times when performing services under this Contract, including when on Government directed travel. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard. 8.4. Safety/Security Requirements. 8.4.1 The Contractor shall comply with OSHA regulations pertaining to Confined space and Fall protection specific to work environment related to this contract. 8.4.2 The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract. 8.5. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data. 8.6. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR. 8.7. Standards of conduct 8.7.1. Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e., timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this Performance Work Statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel. 8.7.2. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract. 8.7.3. Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities. 8.7.4 The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority. 9. TRAVEL 9.1. Travel charges shall not be chargeable to this contract. 10. NON-PERSONAL SERVICE STATEMENT 10.1. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work. 11. PERSONNEL QUALIFICATIONS 11.1. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the PWS in an efficient, reliable, and professional manner. The normal manner of dress is business casual. 11.2. Specific Personnel Qualifications Requirements Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum: 11.2.1. Be a U.S. Citizen or authorized to work in the U.S. 11.2.2. Be ASME QEl-1 qualified. 11.2.3. Have at least 5 years of specialized continuous experience in all applicable aspects of elevator inspection, as required by this PWS. 12. PERFORMANCE STANDARDS AND QUALITY MEASUREMENT 12.1. Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection. 12.2. The QASP and its performance objectives are as follows: PWS Para. Performance Objective Performance Standard Acceptable Quality Level Surveillance Method Compliance 4.0 Inspection of Elevators Ensure Inspections are completed in accordance with applicable ASME standards. 100% performance level Visual inspection conducted by the COR and/or customer Below AQL, non-acceptance of services. A Contract Discrepancy Report (CDR), will be issued for performance below the AQL. The Contractor will have five workdays to provide a response that includes an improvement strategy for addressing the issues. 30 days after issuing the CDR, the Contractor will be re-rated. If performance does not comply with PWS, the PCO will be notified, the performance record will be documented, and PCO. 4.1.2 Reports Ensure reports are neat, legible, and complete. Provide detailed explanations of any deficiencies. 100% performance level Visual inspection conducted by the COR and/or customer 8.7. Standards of conduct Ensure there are no reported events related to conduct/attitude/customer service, scheduling, staffing and timeliness. No reported events Interactions with COR and any Engineering personnel 36C24822Q1464 Page 1 of 1 Page 1 of Page 20 of 26 Page 1 of 1 Page 1 of 13. Elevator List SECTION C - CONTRACT CLAUSES C.1 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): (End of Clause) FAR Number Title Date 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS OCT 2018 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013 852.203-70 COMMERCIAL ADVERTISING MAY 2018 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS JAN 2008 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018 C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of the expiration of this contract. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s). NOTE: The specified rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause. (End of Clause) C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years. (End of Clause) C.4 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) (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 VAAR 802.101, Surviving Spouse definition); (ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; (iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov); 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 part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts. (2) 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). (b) General. (1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code. (c) Representation. 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. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award. (d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following: (1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (2) Supplies or products. (i) In the case of a contract for supplies or products (other than from a nonmanufacturer 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. (ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. (3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (4) Special trade contractors. In the case of a contract for special trade contractors, it ...