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

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 3 of 3 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 3 This i... Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice Page 3 of 3 Combined Synopsis/Solicitation Notice *= Required Field Combined Synopsis/Solicitation Notice Page 1 of 3 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation 36C25922R0116 is issued as a request for proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06 effective May 26, 2022. No telephone requests will be accepted. Only written requests received directly from the offeror are acceptable. The associated North American Industry Classification System (NAICS) code for this procurement is 492110 Courier Services, with a small business size standard of 1,500 employees. This solicitation is 100% set-aside for SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (SDVOSBs). IF OFFEROR IS A GSA SCHEDULE HOLDER, ALL INFORMATION REQUESTED IN THIS NOTICE MUST BE PROVIDED, NOT JUST THE OFFEROR S SCHEDULE NUMBER The following is a list of the contract line-item numbers, quantities and units of measure including options. CLIN DESCRIPTION OF SUPPLIES / SERVICES QTY UNIT UNIT COST TOTAL COST 0001 Base Year: September 30, 2022 through September 29, 2023 Courier Services in accordance with the statement of work 252 Days $__________ $__________ 1001 Option Year 1: September 30, 2023 through September 29, 2024 Courier Services in accordance with the statement of work 252 Days $__________ $__________ 2001 Option Year 2: September 30, 2024 through September 29, 2025 Courier Services in accordance with the statement of work 252 Days $__________ $__________ 3001 Option Year 3: September 30, 2025 through September 29, 2026 Courier Services in accordance with the statement of work 252 Days $__________ $__________ TOTAL COST ALL CLINS, BASE $___________________ PLUS ALL OPTION YEARS $__________ $__________ STATEMENT OF WORK COURIER SERVICES Eastern Colorado Health Care System Rocky Mountain Regional VA Medical Center - Station 554 1700 N Wheeling Street Aurora, CO 80045 Purpose Para 1.1 Provide Courier Services for the Rocky Mountain Regional VA Medical Center and the southern Colorado Community Based Care Clinics (CBOC)s. Para 1.2 The Contractor shall furnish all necessary labor, supplies, equipment, transportation, insurance, vehicle fuel, uniforms, name tags, and/or badges for performance under this contract; which, will provide Courier Services Monday - Friday in accordance with the specifications and requirements herein beginning; excluding any Federal Holidays. General Para 1.1 The contractor agrees to provide regularly scheduled pickups for sterile and non-sterile Reusable Medical Equipment (RME). Para 1.2 As a Non-Personal Services contract, contractor personnel are not considered VA employees for any purpose. Contractor retains all control over personnel and responsibility for direct supervision. Para 1.3 The contractor shall provide a fixed rate for all costs of the courier service, which costs shall be inclusive and include the vehicle, driver, mileage, time, weight, and other reasonable costs associated with courier services described in this contract. Para 1.4 Deliveries will fit easily into a small transport van or utility vehicle. Para 1.5 Contractor shall receive items from the southern CBOCs, sign a receipt therefore, and transport and deliver the items in the same condition to the destination marked on each item by the VA and CBOC. Para 1.6 Prior to first delivery, the contractor shall provide evidence to the Contracting Officer (CO) for each of the following. Colorado Licensed Courier Company covered by a minimum of $500K in liability insurance. Valid Colorado Auto Insurance; Liability $200K Per Person; $500K Per Occurrence; and $20K for Property Damage. Valid Colorado Driver License Valid Colorado Vehicle Registration Hazardous Material License Number. Para 1.7 Contractor shall provide at least (3) commercial or government references to verify past performance. The following information is required for each reference: Name of Individual Company Name Address Phone Number Email Scope of Work Para 1.1 The contractor shall maintain minimum/maximum temperature and minimum/maximum humidity records with the temperature and humidity monitor provided by the government to ensure compliance within the parameters. Documentation will include the following information: Date, Time, Temperature, Humidity, Initials, and Printed Name. Monthly the contractor shall mail copies of these records to the following address for documentation. Rocky Mountain Regional, VA Medical Center, 1700 N. Wheeling Street, Attn: Sterile Processing Chief, Aurora, CO 80045 Para 1.2 The contractor shall maintain documentation for daily cleaning of the vehicle. Documentation will include the following information: Date, Initials, and Printed Name. Areas required: Vehicle Floor, Vehicle Interior Walls, Vehicle Ceiling, and Vehicle Driver and Passenger Area. Weekly the contractor will hand deliver copies of these records to the following address for documentation. Rocky Mountain Regional, VA Medical Center, 1700 N. Wheeling Street, Attn: Sterile Processing Chief, Aurora, CO 80045 Para 1.3 The contractor shall be required to maintain a record log of courier pick-ups and deliveries to include the following information. Date Time Brief Description of Items Quantity Printed Name and Signature of Individual Receiving RME Para 1.4 The Service Contract Labor Standards shall be applied to this contract IAW the McNamara-Ohara Service Contract Act (SCA). All applicable employees performing duties under this contract shall be paid IAW SCA. Para 1.5 The cargo may contain bio-hazardous materials and dangerous goods. The contractor shall maintain Department of Transportation (DOT) Certification for each driver; IAW, 49 CFR, Part 172, Subpart H. Training certification shall be provided at time of the award and annually thereafter to the CO. The contractor shall ensure that each driver has been trained the proper handling techniques for soiled containers in the collection and transport of soiled items. Techniques are defined by the Infection Prevention and Control guidelines and are in keeping with the Occupational Safety and Health Administration (OSHA) Bloodborne Pathogen Standard, Title 29 Code of Federal Regulations (CFR) 1910.1030. Training certification shall be provided at time of the award and annually upon the exercise of any option year thereafter to the CO. Contractor shall provide adequate spill kit for vehicle(s) for biohazard clean-up in case of leakage or accidental discharge. Contractor will ensure that the driver has been trained on proper use of spill kits to contain spilled blood, specimens, and chemicals. Training certification shall be provided at time of the award and annually thereafter to the CO. The Contractor will ensure the vehicle is outfitted with the necessary personal protective equipment. Para 1.6 The contractor shall give notification to each clinic at the phone numbers indicated below if the scheduled pick up time cannot be met for any reason; to include inclement weather. Points of Contacts: Carla Diaz, Acting, Sterile Processing Chief Email: carla.diaz@va.gov; Telephone: 720.723.6670 Miranda Sims, Point of Contact (POC) Email: miranda.sims@va.gov; Telephone: 720.723.7435 Para 1.7 The contractor shall ensure the following are met: No transportation of illegal or controlled substances. Driver shall not be under the influence of alcohol or illegal drugs. No alcoholic or drugs are allowed on any VA property. No Smoking has been implemented on all VA property. Driver shall obey all traffic regulations. Driver shall turn off and lock all doors when exiting the vehicle. Driver shall wear visible identification (includes: the company name, company logo, employee name, and employee photograph) always while on the premises of any Federal property. Driver shall always conduct his/herself in a professional manner and present a neat well-groomed appearance. Para 1.8 The contractor shall develop and maintain a quality control program that ensures the courier services performed are IAW the specification outlined within the contract. Para 1.9 The contractor shall develop and implement procedures to identify, track, and remedy any unsatisfactory services. Para 1.10 The contractor shall provide a method to accept and resolve customer complaints. The Contracting Officer, Contracting Officer Representative, and Point of Contact (POC). will be notified immediately of any complaints and the resolution. Para 1.11 The contractor shall maintain a record of each driver as to the character and physical capabilities for performing as a courier. These records will be provided upon the request of the Department of Veterans Affairs Medical Center as needed. Para 1.12 The contractor shall ensure to provide a detailed invoiced submitted through the Tungsten Network. Each invoice shall contain the following information to ensure prompt payment. Date of Invoice Invoice Number Contractor Name Contractor Address Purchase Order Number Contract Number Brief Description of Service Total Amount Due Para 1.13 The contractor and employees, must be able to read, write, speak, and fluently understand English. The name of this person, and an alternate, or alternates, who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer, Contracting Officer Representative, and Point of Contact (POC). Within 72 hours of any personnel changes, notification will be made in writing to the Contracting Officer, Contracting Officer Representative, and Point of Contact (POC). Para 1.14 The contractor shall direct all questions or concerns regarding the contract, to the Contracting Officer. The Contracting Officer is the sole authority to amend the terms and conditions of this requirement. All changes will be issued through an amendment or modification in writing from the Contracting Officer to the Contractor. Para 1.15 The Contracting Officer, Contracting Officer Representative, or Point of Contact (POC) shall be notified at the earliest time available, but no later than the next business day of Contractors knowledge of any conditions which may adversely affect the Contractors ability to perform under the term and conditions as stated in the specifications of this requirement. Some examples: Union Strikes Vehicle Problems Licenses Transportation of Sterile Re-useable Medical Equipment (RME) Para 1.1 The items will be packed in a manner that protects the devices from damage during transportation. Para 1.2 Any sterile items that are dropped should be considered contaminated and reprocessed, even if no damage is visible. Compression upon landing can force duct and airborne microorganisms into the package. Para 1.3 All carts, totes, or containment devices that house sterile items should be secured during transport to protect sterile items from damage. Para 1.4 It is also important to avoid contact with sterile packages. This includes any touching or excessive handling of packages. Para 1.5 Items identified for transport to an approved gaining facility from the Sterile Processing Service (SPS) will be processed and stored in a temperature and humidity-controlled environment until the designated time of pick-up. Para 1.6 SPS will inspect identified items for integrity and place them in an appropriate and designated clean transport container. The container will be medical grade, rigid, enclosed, and labeled with the following Green Clean sticker designated for clean/sterile. The transport container will be provided to the duty driver to be placed in a vehicle that maintains temperature and humidity compliance Para 1.7 Temperature and Humidity shall be maintained per VHA regulations for sterile RME. Temperature Humidity 66 75F 30% to 55% Para 1.8 The driver will ensure that the vehicle meets the temperature and humidity requirements prior to picking up clean RME, throughout transit, and upon delivery. The minimum and maximum values will be recorded on the vehicle temperature and humidity log prior to departure and upon arrival to the receiving facility. The vehicle interior must be terminally cleaned daily, to include after each contaminated RME delivery. Para 1.9 To guarantee that cross contamination does not occur at any point, vehicles will not transport clean and soiled RME at the same time. Para 1.11 The vehicle interior must be terminally cleaned daily, to include after each contaminated RME delivery. Para 1.12 Food or drink cannot be stored or consumed in the vehicle at any given time as this pertains to infection control standards that must be followed. Para 1.13 Upon arrival to the receiving facility, the courier driver will deliver the contents to a disclosed location. VHA staff will immediately receive the delivered RME and document the recorded temperature and humidity value. Para 1.14 VHA staff will inspect all packaging prior to placing the product in their designated temperature humidity-controlled locations. VHA staff will perform immediate delivery of sterile/clean items, post event related sterility verification. Transportation of Contaminated RME Para 1.1 Per VHA regulation, when transporting soiled instruments/devices, facilities must comply with applicable City, State, and Federal Department of Transportation (DOT) regulation. Para 1.2 The container will be medical grade, rigid, enclosed, and labeled with the following Orange Biohazard sticker designated for contaminated/dirty RME. Para 1.3 Temperature and Humidity shall be maintained per VHA regulations for sterile RME. Temperature Humidity 66 72F 30% to 55% Para 1.4 It is the policy of VHSO that sterile/clean items will not be transported within the vehicle at the same as contaminated RME transport. Vehicles used to transport between health care facilities should provide for the complete separation of clean sterile items from contaminated items, per ANSI/AAMI ST79, Section 8.11.5. Para 1.5 Items should not be left in a vehicle that is not running, especially on very cold, hot, or humid days, as the temperature and humidity levels can change quickly. Para 1.6 It is important that items are protected from crushing, bending, falling or other types of damage; including situation that could expose them to moisture and condensation from changing temperature and humidity. Para 1.7 Items should not be transported in the trunk of a car because temperature and humidity levels cannot be controlled. Para 1.8 The transport container will be placed inside a second leak proof, biohazard (red), tamper proof (locked) container within the designated soiled utility area for courier pick-up. Para 1.9 Transport containers should be carefully secured during transport to prevent damage from shifting. Para 1.10 The minimum and maximum temperature and humidity values will be documented on the vehicle temperature and humidity log prior to departure and upon arrival to the receiving facility. Para 1.11 The courier must be knowledgeable of and comply with all City, State, and Federal Department of Transportation (DOT) regulation. Para 1.12 Upon arrival to the receiving facility, the courier driver will deliver the contents to the SPS decontamination area. VHA staff will immediately receive the contaminated RME, to the SPS decontamination area. VHA staff will document the maximum and humidity temperature and humidity values. Para 1.13 The vehicle must be cleaned (intermediate level disinfected) daily and/or after each contaminated delivery. Cleaning of the Transport Vehicle Para 1.1 All surfaces of the interior vehicle that encounter deliverable items during transport must be wipeable surfaces. The transportation vehicle cannot contain cloth seats, cloth ceiling liner, or carpet. Para 1.2 Cleaning of the vehicle must be performed when no RME is present within the vehicle. Remove any trash that may be present. Wipe all applicable areas of the interior of the vehicle (floors, walls, horizontal surfaces, etc.) with facility approved disinfectant wipes: Purple Top, Super Sani-Cloth. Ensure the disinfectant manufacturer guidelines for contact time are followed. Purple Top, Super Sani-Cloth has a contact time of two (2) minutes. Para 1.3 The daily cleaning performed will be documented on the facility approved vehicle cleaning log. The vehicle cleaning log is to be kept with the vehicle until the end of the week; which, will be turned into the SPS Service Chief for filing purposes. Quality Assurance Para 1.1 The government will evaluate the Contractor s performance using customer complaint, periodic on-site inspection, random sampling, and may, at the Government s discretion, inspect each task to verify conformance and acceptance prior to payment. Quality Assurance Surveillance Plan Para 1.1 The Contracting Officer Representative, Point of Contact (POC), or designee who receive complaints from personnel from Rocky Mountain VA Medical Center or any of the CBOCs will notify the Contracting Officer within 24 hours of complaint. Para 1.2 See attachment (QASP) Para 1.3 Any VA employee that observes unacceptable service, either incomplete or non-compliance, for any of the above performance objective should immediately contact the Contracting Officer Representative, Point of Contact (POC), or designee and he/she will complete appropriate documentation to record the complaint. Para 1.4 The Contractor will be given two hours after verbal notification to address the unacceptable performance. Para 1.5 If the Contractor disagrees with the complaint after investigation and challenges the validity of the complaint, the Contractor will notify the Contracting Officer Representative, Point of Contact (POC), or designee. The Contracting Officer Representative, Point of Contact (POC), or designee will investigate to determine the validity of the complaint. If the Contracting Officer Representative, Point of Contact (POC), or designee determine the complaint is invalid the Contracting Officer Representative, Point of Contact (POC), or designee will document the written complaint of the findings and notify the customer. If, however, after investigation it is determined the complaint is valid, the Contracting Officer Representative, Point of Contact (POC), or designee shall notify the Contracting Officer. All documentation will be retained in the file for the life of the contract. Para 1.6 The overall standards are listed in Quality Assurance Surveillance Plan Para 1.2 for each area. The Contracting Officer Representative, Point of Contact (POC), or designee shall notify the Contracting Officer for appropriate action in accordance with Federal Acquisition Regulation, if any of the above service areas exceed the performance threshold. The provision at FAR 52.212-1, INSTRUCTION TO OFFERORS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), applies to this acquisition with the following addendum: FAR 52.204-7, System for Award Management (OCT 2018); FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020); FAR 52.216-1, Type of Contract (APR 1984): The government anticipates the awarding of a single indefinite-delivery indefinite-quantity (IDIQ) contract to fulfill this requirement. The provision at FAR 52.212-2, EVALUATION -- COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Contract award will be made based on the solicitation response that represents the best value to the Government using a Contracting Officer s Comparative Analysis. Since the Contracting Officer is considering price and other factors, the CO may award to other than the lowest-priced offer. The information below explains the evaluation approach: The Contracting Officer will make a comparative analysis of all offers against the solicitation, using the following factors to decide which offer(s) represent the best value to the Government: Factor 1: Technical Proposal The offer shall be evaluated on the conformance to the requirements listed in the Statement of Work. The offeror shall submit a technical proposal, that describes the means and methods of successfully performing all work detailed in the SOW to include the personnel being proposed to perform the work. Any safety training or certifications for the services should be permitted with proposal. Factor 2: Past Performance Offeror shall provide no more than three references of relatively the same size and complexity. Include the following information for each contract: Name and address of contracting activity (company name), contract number, type of contract, total contract amount, and status, date of award and completion, description and location of contract work, list of major subcontractors if any, Contracting Officer or individual responsible for signing the contract, and their telephone and fax number, and the COR s/Administrator s name, telephone and fax numbers. Offerors may provide information on problems encountered on identified contracts and the offeror s corrective action. Searches in CPARS (Contractor Performance Assessment Reporting System), PPIRs (Past Performance Information Retrieval System), as well as Past Performance Questionnaires may be utilized. Factor 3: SDVOSB/VOSB Status Offeror shall identify themselves as a Service Disabled, Veteran Owned Small Business or Veteran Owned Small Business. All SDVOSB/VOSB businesses must have an active registration in the Vendor Information Pages (VIP) to https://www.vip.vetbiz.va.gov/ under the NAICS code used for this solicitation at the time of award. Factor 4: Price Offerors shall provide one copy of the fully completed Price Schedule in the format listed above. Proposed prices will be evaluated for reasonableness. Technical and past performance factors when combined are more significant than price. Offers will be evaluated to determine which offer provides the best value to the Government, all factors considered. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise provided to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) A completed copy of the provision at FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) shall be submitted with the offer. The clause at FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND SERVICES (NOV 2021), applies to this acquisition, with the following addendum: FAR 52.204-9, Personal Identity Verification of Contractor Personnel (JAN 2011); FAR 52.204-13, System for Award Management Maintenance (OCT 2018); FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020); FAR 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 fifteen (15) days of the expiration date of the current contract period. For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8. 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) FAR 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 four (4) years. (End of Clause) FAR 52.223-6 Drug-Free Workplace (MAY 2001); FAR 52.223-99 Ensuring Adequate Covid-19 Safety Protocols For Federal Contractors (OCT 2021) (DEVIATION) FAR 52.228-5 Insurance Work On A Government Installation (JAN 1997); CL 120 - Supplemental Insurance Requirements: In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause) 52.232-19 Availability Of Funds For The Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond SEPTEMBER 30TH OF ANY FISCAL YEAR. The Government s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond SEPTEMBER 30TH OF ANY FISCAL YEAR, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause) FAR 52.237-2, Protection of government Buildings, Equipment, and Vegetation (APR 1984); FAR 52.237-3, Continuity of Services (JAN 1991); VAAR 852.203-70, Commercial Advertising (MAY 2008); VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2020) (DEVIATION); VAAR 852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020) VAAR 852.219-74, Limitations on Subcontracting Monitoring and Compliance (JUL 2018) (DEVIATION) (a) This solicitation includes VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (b) Accordingly, this contract is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement. (c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (End of clause) VAAR 852.219-77 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction. As prescribed in 819.7009(c) insert the following clause: VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that (1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.] (i) [ ] Services. In the case of a contract for services (except construction), the contractor ...