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

2 STATEMENT OF WORK Replace DHW North Check Valves Project Number 554-22-147 Rocky Mountain Regional Veterans Affairs Medical Center (RMRVAMC) 1700 N Wheeling St., Aurora CO 80045 SCOPE The Department... 2 STATEMENT OF WORK Replace DHW North Check Valves Project Number 554-22-147 Rocky Mountain Regional Veterans Affairs Medical Center (RMRVAMC) 1700 N Wheeling St., Aurora CO 80045 SCOPE The Department of Veterans Affairs has a requirement to make modifications to the domestic hot water (DHW) system piping to address issues with back flow prevention, flow restrictions, and expansion tank capacity at the Rocky Mountain Regional VAMC. The project includes domestic water piping modifications in two locations, Boiler Room LS-209 and Mechanical Room CS-133. REQUIREMENTS & MANDATORY TASKS Work shall include all labor, material, and equipment to meet the objective and includes the following tasks: Portions of this work shall require DHW shutdowns planned and performed to minimize operational impact. This includes verification of all materials and spares are on site prior to starting work and after hours work so tie-ins correspond to periods when domestic hot water demand is lowest. Work in LS-209. Replace two existing 6 check valves on the DHW make-up line. Install a new 6 butterfly isolation valve with chainwheel actuator downstream of the first check valve on the make-up water line. Install new 6 sch 10 SS piping to connect lines currently leading to solar thermal heat exchangers. The solar thermal system shall be abandoned in place. Install blind flanges on lines leading to solar system. Install new bladder on the expansion tank 6-DET-02 (Wessel TXA-1600). Demo expansion tank 6-DET-01. Reuse 1.5 line to connect 6-DET-02 to the DHW system. Demo and cap existing ¾ line from solar thermal tanks to 6-DET-02 Install new 6 sch 10 SS piping connecting lines currently leading to thermostatic mixing valve (TMV) station. Demo TMV station. Blind associated DHW return and DCW lines at source to minimize deadlegs. Provide insulation and piping supports as required. Work in CS-133. Install new 4 sch 10 SS piping connecting lines currently leading to thermostatic mixing valve (TMV) station. Demo TMV station. Blind associated DHW return and DCW lines at source to minimize deadlegs. Provide insulation and piping supports as required. 3.0 GENERAL: All work performed under this contract shall conform to all VA drawings, specifications, standards, as well as OSHA, AIA Construction Guidelines, Joint Commission Environment of Care Standards, and other applicable building codes. The Dept. of Veterans Affairs (VA) requires strict adherence to the Code of Federal Regulations 29, Part 1926. This includes the requirement that the contractor have a Competent Person on the job at all times (must have a 30-hour OSHA card), and that all contractor employees have received a minimum of ten (10) hours of OSHA construction safety training. Documentation of these requirements shall be submitted and approved prior to performing the work. Contractor shall submit a project Site Specific Safety Plan (SSSP) / Accident Prevention Plan (APP) that must be reviewed by VA Safety prior to work beginning. This plan shall detail fire safety, construction, and health-related safety measures, in addition to providing necessary training records for all employees for the previous year. A company standard or boilerplate safety plan will not be acceptable plan should be specific to the site/project and contain a detailed hazard analysis for each element of construction to be performed such as an Activity Hazard Analysis (AHA) or Job Hazard Analysis (JHA). The Contractor is responsible for protection of existing finishes, and VA property, furniture, fixtures and equipment (FF&E) located in all areas where contract work being performed, as well as along paths of travel to and from these areas. Both exterior and interior finishes and property must be maintained. The contractor is liable for any damage to VA property during the contract, and all tasks accomplished by the Contractor personnel will be performed to preclude damage or disfigurement. If contract work is anticipated to cause damage or issue other than what is covered within the scope of work, the contractor shall notify and discuss with the COR prior to commencing work if possible. Contractor will report any damage or disfigurement to these items when caused by the Contractor s personnel; any necessary repairs/replacement will be coordinated with the COR. 4.0 PROJECT MANAGEMENT: Based on the above list of work items, the general contractor selected must complete, maintain, and submit the following documentation and adhere to the following managerial requirements: Construction schedule including sequencing, durations, and critical path. Site-Specific Safety Plan (SSSP) with an emphasis on tasks to be performed during the work. Maintain site supervision by a competent individual(s) with OSHA-30 certificates. OSHA-30 certified technician shall be onsite anytime work is being performed. Manage job-site access and security. Implement and maintain required Infection Control Risk Assessment (ICRA) and Interim Life Safety Measure (ILSM) items as required. See Draft ICRA/ILSM. The Contractor shall assign the appropriate quantity and type of personnel to successfully complete all functions specified in this SOW and obtain VA identification badges for all employees as necessary (typically personnel that will be onsite for longer than 5 days). Contractor shall consider lead-time for badge procurement as approximately 2-4 weeks from initial appointment. The Contractor shall maintain throughout the life of the contract, a current list of technicians and their credentials available for inspection by the Government at any time. Shall host regular project update meetings (weekly/bi-weekly, as discussed with the COR) including distributed notes/minutes after each meeting. 5.0 - SUPPORTING DOCUMENTS: ENC_Plumbing_As-built Drawing CON_Plumbing_As-built Drawing Original Construction Redlined Drawing 00.PP.406 Plumbing Details Project 554-22-147 Pictures VA Specification sections: 00 01 10 Table of Contents 01 00 00 General Requirements 01 33 23 Shop Drawings Product Data Samples 01 35 26 Safety Requirements 01 42 19 Reference Standards 01 45 00 Quality Control 01 74 19 Construction Waste Management 22 05 11 Common Work Results for Pluming 22 05 23 General Duty Valves for Plumbing Piping 22 07 11 Plumbing Insulation 22 11 00 Facility Water Distribution Project Drawings: Project Drawing #1 for 554-22-147 6.0 - CODE & REGULATION COMPLIANCE: The Contractor shall comply with public laws and statutes including all changes and amendments to federal, state, and local environmental statutes and regulations in effect the date of issuance of this delivery order, including applicable portions of the latest version of documents cited in the basic contract and below: NFPA 99 - Healthcare Facilities Code NFPA 101 - Life Safety Code Architectural Barriers Act & VA Barrier Free Design Standard International Code Council (ICC): IBC: International Building Code Building Officials and Code Administrators International (BOCA) International Conference of Building Officials (ICBO): UBC: Uniform Building Code 29 CFR 1910 Occupational Safety and Health Standards 29 CFR 1926 Safety and Health Regulations for Construction Federal Occupational Safety and Health Act / OSHA requirements 7.0 SUBMITTALS: Contractor shall submit the following prior to beginning scope of work: Project schedule with sequencing, durations, phasing, and cost loading within 10 working days of Notice to Proceed (NTP), and monthly with invoices. Site Specific Safety Plan (SSSP) SSSP to be submitted to VA Safety staff and COR for review 10 working days after issuance of NTP. SSSP to be reviewed and commented by VA Safety staff and COR prior to start of construction activities. Construction Demolition/Removal Plan Inspection reports, manufacturer approval certificates, and warranties as noted in specifications. Penetration and or hot work permits as necessary. Manufacturer and construction warranties as noted in specifications. Project Schedule including sequencing and durations. SOV Schedule of Values The schedule will be provided to COR 10 working days prior to start of the work. Site superintendent OSHA-30, and tradesmen/laborer OSHA-10 certificates. OSHA-30 certified technician shall be onsite anytime work is being performed. Material Submittals Submit for COR approval Manufacturer s specifications for all materials and equipment planned for installation. Inspection reports, manufacturer approval certificates, and warranties as noted in specifications. Technical literature and/or descriptions of all materials, equipment and tools proposed for use by the Contractor shall be submitted to the Contracting Officer or his/her designee for approval prior to contract start and whenever a change is required. All Contractor-furnished materials, equipment and tools used shall be standard products all manufacturers regularly engaged in the production of such items. The Contractor shall secure all materials. The Government assumes no liability for loss of or damage to Contractor-owned property held upon Government premises. Contractor shall submit hours worked, full report of completed piping which shall include location, hours worked, the full name of Contractor s employees on site, and digital photographs before and after work is completed. Reports shall be submitted within one day upon completion of work performed. Contractor will provide a completed redline drawing of the completed routing of piping. 8.0 RESOURCES The Government will not furnish any resources for the fulfillment of the work required under this contract other than electricity for area where work is being conducted. Under this contract, the contractor must provide all tools, equipment, materials, transportation, professional expertise, personnel, supervision, and for testing and maintenance required for completion of this contract. Contractor shall provide all necessary parts and equipment to complete the objective of this contract in accordance with manufacturer specifications. All new equipment including parts and labor shall be preapproved by the COR. Prices for parts shall be invoiced at no more than 10% above contractor s costs, including shipping and handling. Verification of contractor s cost shall be included with all invoices. Contractor shall provide all necessary equipment to perform the work required. Technical literature and/or descriptions of all materials, equipment and tools proposed for use by the Contractor shall be submitted to the Contracting Officer or his/her designee for approval prior to contract start and whenever a change is required. All Contractor-furnished materials, equipment and tools used shall be standard products all manufacturers regularly engaged in the production of such items. The Contractor shall secure all materials. The Government assumes no liability for loss of or damage to Contractor-owned property held upon Government premises. The Contractor shall instruct his/her personnel in utilities conservation practices. The Contractor shall be responsible for operating under conditions which preclude the waste of utilities which shall include but not necessarily be limited to: Lights shall be used only in areas where and at the time when work is actually being performed unless otherwise directed. Contractor s personnel will not adjust mechanical equipment controls for heating, ventilation and air conditioning systems. Government telephones shall not be used for personal reasons or for any toll or long-distance calls 9.0 ACCEPTANCE STANDARDS: The VA reserves the right to dispute completion of contract scope if contract work is found not in accordance with manufacturer recommendations, is not satisfactorily executed, or if the system is not properly tested and inspected to achieve certification. All work completed by the Contractor must be reviewed and approved by the VA. 10.0 SAFETY AND FIRE PREVENTION In the performance of this contract, the contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the building. The Contractor shall immediately correct any fire and safety deficiencies caused by his/her personnel. If the Contractor fails or refused to correct deficiencies promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the contractor in default of the contract. The Contractor shall comply with applicable Federal, State and local safety and fire regulations and codes which are in effect at the beginning of the contract. The contractor shall keep abreast of and comply with changes in these requirements and codes applicable to the contract. The requirements include but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Contractor is solely responsible for determining the legal requirements that apply to activities, and shall ensure safe and healthful working conditions for its employees The Contractor s personnel shall follow applicable facility policies concerning fire/disaster programs. All materials and equipment will be removed from the facility or stored properly at the end of the workday and secured during the workday. Under no circumstances will the Contractor allow for any equipment to be left unattended for any length of time. The Contractor shall comply with all applicable Federal, State, and local legal requirements regarding workers health and safety. Contractor shall assume the responsibility to guard against causing of fires and/or explosions and to protect Government Property. The Contractor shall perform the work in a manner consistent with the area security and fire safety regulations especially regarding exits and exit way access. Utility shutdowns shall not compromise security, communication, or fire safety for occupants. No flammable liquids shall be stored or used in the medical center. The necessary number and appropriate types of portable fire extinguishers are required per National Fire Protection Agency (NFPA) 10 and NFPA 241. Contractor shall keep certification onsite at all times of extinguisher inspections. The Contractor shall receive from the COR a permit for all cutting, welding, and soldering 24 hours in advance. All permits shall be prominently displayed during all construction. All necessary precautions shall be taken by the contractor to prevent accidental operation of any existing smoke detectors or sprinkler heads. The Contractor shall assume responsibility of environmental protection of all material storage. 10.1 ACCIDENT PREVENTION Precaution shall be always exercised for the protection of persons (including employees) and property. These shall include, but not be limited to, the installation of adequate safety guards and protective devices for all equipment and machinery, whether used in the performance of work or permanently installed as part of the work. Contractor shall comply with all applicable laws relating to safety precautions, including the safety regulations of the Division of Industrial Safety, Department of Industrial Regulations of the state. 10.2 - ENVIRONMENTAL PROTECTION The Contractor is responsible for daily cleanup of all areas affected by its work. Areas in use or affected shall be returned to condition in which they were turned over or initially found. VA Housekeeping shall not be dispatched for cleaning associated with contractor work. The Contractor shall take every precaution in preserving flooring, finishes, equipment, and furniture in areas of work. The Contractor shall repair or replace any damage incurred during its work at their expense. Contractor shall use freight elevators for transmission of materials and personnel. Contractor shall take every precaution in preserving the elevators, including the hoist way and lobby doors, interior finishes, and shall conduct all good practices in observing lifting and motor components tolerances. Any damage incurred to any elevator component due to negligence will be repaired at expense of the contractor, within the workday of incurred damage. 11.0 WORK STANDARDS AND ICRA/ILSM Work site shall be free of debris and returned to original condition upon completion of preventative maintenance or repairs. All work is to be performed in areas used daily by facility patients and staff. Contractor will take suitable measures to control all material and equipment to produce a minimum of interference in facility routine. All work shall be performed in a safe and prudent manner. Contractor shall coordinate all closures of rooms with COR who will coordinate with VA-Chiefs. Contractor shall so perform all work as to offer the least possible obstruction and inconvenience to staff, patients and shall have under construction, no greater amount of work than can be completed promptly and properly with due regard to the rights of staff and patients. Any person the COR may deem incompetent or disorderly shall be promptly removed from the facility and not be allowed to return for the duration of the agreement. The Contractor shall comply with an Infection Control Risk Assessment (ICRA) which will be developed with the COR and the Infection Control Practitioner. Multiple ICRA s may be necessary to address specific risks at various stages of the project and must be approved prior to proceeding on each phase. VA anticipates an overall ICRA level II for this project. 12.0 - HAZARDOUS MATERIAL REPORTING The Contractor shall maintain hazardous material inventories and material safety data sheets (MSDS) for all hazardous materials (as defined in CFR 1910.120, 40 CFR s 355, 370, & 372) to be stored and used on this Medical Center. Hazardous materials must be inventoried when received and at the project s completion. The amounts used shall be maintained for the project duration, and for the calendar year (ending 31 December). Hazardous Materials Inventories, Material Safety Data Sheets and material quantities used shall be submitted to the Contracting Officer for approval. In the event of a spill, Contractor shall immediately notify the Contracting Officer s Representative as well as the Contracting Officer. The Contractor shall be solely responsible for the expense of any cleanup of such spill, and the cleanup shall be in accordance with the applicable provisions of 40 CFR Part 761. Asbestos Containing Material (ACM) is not present in the workspace. If contractor locates suspected ACM in addition to material noted in report, they shall contact the COR immediately for further direction. If any ACM is disturbed or becomes friable due to contractor actions, the construction site shall be shut down until and contractor shall provide appropriate containment at their own expense. In addition, contractor shall be responsible for all abatement and disposal of affected material at their own expense, only after which the job site shall be reopened for continued work. In the event of an ACM disturbance event, the COR shall be immediately notified and shall provide specifications on asbestos abatement. 13.0 HOURS OF WORK All construction activities shall be conducted during normal business hours Monday thru Friday from 0730 hrs. to 1600 hrs. (except where indicated differently herein re: after-hours work) excluding Federal Holidays and any other day declared a federal holiday by the President of the United States listed below. Contractor s work shall not interfere with the functions of the facility during weekends. Barricades, ICRA containment provisions shall be arranged to allow patients and staff unimpeded access (including wheelchairs and patient beds where applicable) to services and resources within the facility. New Year s Day Martin Luther King Jr s Day Presidents Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day If a holiday falls on Sunday, the following Monday will be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by the U.S. Government. If work requires after hours work due to operational concerns or ICRA constraints, then Contractor shall inform COR seven (7) days in advance. Postponement/Delays: In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then the entire work shall be rescheduled to a date and time satisfactory to the Contractor and the COR. Postponement due to inclement weather will not cause assessment of the penalty provision outlined above, nor should there be an additional cost to the Government. All work shall be scheduled and performed within the date and time approved by the COR, in conjunction with the department occupying the space served by this equipment. 14.0 BADGES AND PARKING All Contractor personnel are required comply with VAAR 852.273-74 (Available online at VA Technical Information Library) which covers the following requirements: Background checks, and the wearing of identification (I.D.) badges issued by the VA RMRVAMC while on VA property. Contractor must acquire PIV badge for all staff onsite prior to work beginning. Failure of the background check may result in specific personnel not being allowed to work on VA premises and the Contractor will need to provide replacement personnel. Contractor to consider lead-time on PIV Badging process. It is the responsibility of the Contractor s personnel to park in the appropriate designated parking areas. The designated parking area will be specified by COR upon award of contract. 15.0 PERSONNEL QUALIFICATIONS The Government reserves the right to accept or reject Contractor s staff for cause. All inspectors/testers shall hold current OSHA 10/30 certification and membership. Documentation of this to be submitted by the Contractor to the COR prior to beginning project work. A competent person with OSHA 30 certification must be always on site. The Contractor shall have a back-up technician in the event the primary technician is unable to perform his/her duties. The Contractor will ensure that their personnel and subcontractor personnel meet the privacy standards as set forth by HIPAA (Health Insurance Portability and Accountability Act of 1996) with respect to personal and confidential information that they may come upon. All personnel required to hold OSHA 10 certification as a minimum. Contractor personnel performing plumbing work must hold a state issued journeyman or master plumbing license or be an apprentice working under a state licensed plumber. 15.1 PERSONNEL REQUIREMENTS Supervision: The Contractor shall specify a Project Manager who will have responsibility for performance of contract services. The Project Manager shall be competent to supervise all aspects of contract and shall be available on-site during performance of contract work. The Contracting Officer shall be notified in writing of the names of the Project Manager and of changes in personnel appointed to fulfill this function or in the absence of the Contractor, act for the Contractor as the Contractor s Representative. 16.0 QUALITY CONTROL The Contractor shall have a quality control program to assure the requirements of this contract are provided as specified. The Contractor and COR will inspect the work. Deficiencies will be noted and corrected before beginning work in another area. Any damage done by Contractor will also be noted and corrected by the Contractor within 2 working days. Damage causing an immediate impact on the environment of the hospital shall be corrected immediately. 17.0 ACCEPTANCE STANDARDS Completed work will be to the entire satisfaction of the VA and the COR shall be the sole judge as to its acceptability. Any work not acceptable to the COR, shall be immediately, at Contractor s own expense, refashioned to an acceptable level. 18.0 MEETINGS A Pre-Propsal site walk meeting will be held at a date and time specified by the solicitation to review scope, service, site, and requirements with perspective contractors, and provide answers to any questions. The date and time of this walkthrough will be determined by the CO and COR. Contractor and/or subcontractors shall be responsible for making any clarification requests that arise at the pre-proposal walkthrough directed to the CO prior to the bidding of the work. 19.0 PERIOD OF PERFORMANCE: Period of performance including lead time for materials and submittals: sixty (60) calendar days from issuance of the Notice to Procede (NTP). 20.0 -- ACCESS TO SITE The COR shall provide the Contractor access to all buildings and rooms required in the provisions of this contract. The Contractor shall notify the COR when leaving these areas. The Contractor and all personnel shall comply with the security clearance or access controls of areas within the Medical Center. If the Contractor must obtain access to areas that require special security precautions, the COR will arrange for access.

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

Presolicitation Notice THIS IS A PRESOLICIATION NOTICE A REQUEST FOR QUOTE WILL BE POSTED ON OR ABOUT June 22, 2022. Replace DHW North Check Valves (554) Rocky Mtn. Regional Medical Center, Aurora CO ... Presolicitation Notice THIS IS A PRESOLICIATION NOTICE A REQUEST FOR QUOTE WILL BE POSTED ON OR ABOUT June 22, 2022. Replace DHW North Check Valves (554) Rocky Mtn. Regional Medical Center, Aurora CO VAMC 36C25922Q0432 The Contractor/Vendor will replace check valves and make necessary modifications to the domestic hot water (DHW) system piping at the Rocky Mtn. Regional Medical Center (RMRMC), Aurora CO Veterans Affairs Medical Center (VAMC). The NAICS code for this procurement is 236220 with a small business size standard of $39.5 M. The magnitude of this project is between $50,000.00 and $100,000.00. This project will be 100% set-aside for Service-Disabled Veteran-Owned Small Businesses, as stated below. The POC for this project will be Jared Detton. He can be contacted at 303-283-5307 or email at jared.detton@va.gov. Important Notice: Apparent successful offerors must apply for and receive verification from the Department of Veterans Affairs Center for Verification and Evaluation (CVE) in accordance with 38 CFR Part 74 and VAAR 819.70 by submission of documentation of Veteran status, ownership and control enough to establish appropriate status. Offerors must be both VISIBLE and VERIFIED by the Department of Veteran Affairs CVE at the time of offer submission. Failure to be both VERIFIED by CVE and VISIBLE on VetBiz at the time of offer submission and contract award will result in the offeror s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so. 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE. As prescribed in 819.7009, insert the following clause: 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 SDVSOB: (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 802.201, 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 74 and is so listed in the Vendor Information Pages 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. 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 is 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 will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6. (e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled Veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants. (f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled Veteran-owned small business concerns and the VA Veterans First Contract Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence. (End of clause)