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

Reconfigure and Repair AUMS Meters Project Number 554-23-110 Rocky Mountain Regional Veterans Affairs Medical Center (RMRVAMC) 1700 N Wheeling St., Aurora CO 80045 1.0 OBJECTIVE The Department of Vete... Reconfigure and Repair AUMS Meters Project Number 554-23-110 Rocky Mountain Regional Veterans Affairs Medical Center (RMRVAMC) 1700 N Wheeling St., Aurora CO 80045 1.0 OBJECTIVE The Department of Veterans Affairs has a requirement to recommission selected flow meters of the Advanced Utility Metering System at the Rocky Mountain Regional VA Medical Center. STATEMENT OF WORK Contractor shall provide all the labor, equipment, and material to complete the following tasks: Provide detailed testing procedure for approval by COR. Independently verify the outputs of all 96 meters on the contract AUMS Meters Recommissiong List with calibrated temperature and flow measuring test equipment. Repair any insulation removed to install temporary calibration equipment. Correct any flow, temperature, or energy indication discrepancies found which can be corrected through configuration of meter, BACnet integration device, or in the JCI Metasys BAS System. Troubleshoot and correct any communication issues between meters and the BAS system. This does not include installing new wire or conduit, only minor corrections like securing or re-landing terminations of existing control wires. Identify FboNotice cause of meter issues which cannot be corrected by adressing configuration or communication. Contact meter manufacturers to gather any information needed to troubleshoot and configure meters. Provide recommissioning report which includes the following information for each meter: Tag Number Service Description Location Manufacturer Model Serial Number Size Output Range Actual flow, temperature, and/or energy as measured using calibrated test equipment. Test equipment used and last calibration date (within one year). Output error as-found as indicated from the BAS Output error as-left as indicated from the BAS List of configuration parameters different than default settings as-found and as-left. Summary of meter status and FboNotice cause of any issues which could not be addressed within the scope of this contact. Signature technicians who performed the testing and configuration. Where applicable, provide any software and software licences required to program or configure meters or BACnet integration devices from a BAS Workstation laptop provided by the VA. 3.0 GENERAL: All work performed under this contract shall conform to specifications, and 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 course of 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 he 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 10 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 he COR) including distribulted notes/minutes after each meeting. 5.0 - SUPPORTING DOCUMENTS: DRAFT Infection Control Risk Assessment (ICRA) form AUMS System As-built Drawings AUMS Meters Recommission List VA Specification sections: 00 01 10 Table of Contents 01 00 00 General Requirements 01 35 26 Safety Requirements 01 42 19 Reference Standards 01 45 00 Quality Control 01 74 19 Construction Waste Management 22 01 11 Plumbing Insulation 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 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. SOV Schedule of Values 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 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. If necessary, a secondary report shall be submitted after any repairs outside of the Work Required have been completed. Reports shall be provided in hard copy as well as in an agreeable and compatible electronic format such as, but not limited to, pdf or Microsoft Word. 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 PERSONNEL ASSIGNMENTS: Contractor shall ensure instrument and controls technicians performing troubleshooting, configurations, functional tests, and calibrations of the AUMS meters are experienced in the operation and maintenance of the test equipment and have at least two years of field commissioning experience with similar systems. 10.0 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. 11.0 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 requirementsregarding 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 with regard to exits and exit way access. Utility shutdowns shall notcompromise 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. 12.1 ACCIDENT PREVENTION Precaution shall be exercised at all times 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. 12.2 - ENVIRONMENTAL PROTECTION In order to provide for abatement and control of all environmentally hazardous materials arising from demolition and/or construction activities, the Contractor shall comply with all applicable environmentally hazardous material control and abatement and all applicable provisions of the Corps of Engineers Manual EM 385-1-1, General Safety Requirements as well as the specific requirements stated elsewhere in the Contract Documents. 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 work day of incurred damage. 13.0 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. 14.0 - 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. 15.0 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 acces (including wheelchairs and patient beds where applicable) to services and resources within the facility. New Year s Day Martin Luther King Jr s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Juneteenth 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 ICRA constraints or inclement weather, then Contractor shall inform FMS 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. 16.0 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 take into account 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. 17.0 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 on site at all times. 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. 18.1 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. 19.0 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. 20.0 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. 21.0 MEETINGS A Pre-Bid meeting and site walk will be held at a date and time specified by the COR to review scope, of service, site, and requirements with perspective contractors, and provide answers to any questions. Contractor and/or Sub-contractors shall attend a pre-bid walkthrough of the work before submitting a bid. VA reserves the right to reject any bidder not attending the Pre-Bid. 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-bid walkthrough directed to the CO prior to the bidding of the work. 22.0 PERIOD OF PERFORMANCE: Period of performance including lead time for materials and submittals: ninety (90) calendar days from NTP. 23.0 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. In the event that the Contractor has to 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)

THIS IS A PRESOLICIATION NOTICE A REQUEST FOR PROPOSAL POSTED ON OR ABOUT August 23, 2022. 554-23-110 Reconfigure and Repair AUMS Meters, Rocky Mountain Regional VAMC. 36C25922Q0650. The Contractor/Ve... THIS IS A PRESOLICIATION NOTICE A REQUEST FOR PROPOSAL POSTED ON OR ABOUT August 23, 2022. 554-23-110 Reconfigure and Repair AUMS Meters, Rocky Mountain Regional VAMC. 36C25922Q0650. The Contractor/Vendor will recommission selected flow meters of the Advanced Utility metering system at the Rocky Mountain Regional VA Medical Center. 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 $100,000 and $250,000. This project will be 100% set-aside for Service-Disabled Veteran-Owned Small Businesses, as stated below. The POC for this project will be Elia Ruiz Manzo. She can be contacted at 303-712-5727 or email at Elia-Laritza.Ruiz-Manzo@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 (NOV 2020) (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 802.201, 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 part 74 and is listed in VA s Vendor Information Pages (VIP) database; 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, 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 unless otherwise stated in this clause. (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). (3) The term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (4) The term small business concern owned and controlled by Veterans with service-connected disabilities has the meaning given the term small business concern owned and controlled by service-disabled Veterans under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) above). (b) General. (1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award. (3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences. (c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. (d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR part 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or similarly situated (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to 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 non- manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (ii) In the case of a contract for supplies from a non-manufacturer, 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) has been 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 construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime may be paid to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For contracts referenced in (d)(2), (3), and (4) the cost of materials is excluded and are not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small businesses do not provide them. For additional information and more specific requirements on the limitations on subcontracting, refer to 13 CFR 125.6. (e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows: [Contracting Officer check as appropriate.] _____By the end of the base term of the contract or order, and then by the end of each subsequent option period; or _____By the end of the performance period for each order issued under the contract. (f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants. (g) Precedence. Any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program takes precedence. (h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406, Debarment). (End of clause)