SOLICITATION NOTICE
65 -- Philips Skyplate Detector (Brand Name)
- Notice Date
- 7/3/2024 1:24:11 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 339112
— Surgical and Medical Instrument Manufacturing
- Contracting Office
- 256-NETWORK CONTRACT OFFICE 16 (36C256) RIDGELAND MS 39157 USA
- ZIP Code
- 39157
- Solicitation Number
- 36C25624Q0824
- Response Due
- 7/12/2024 12:00:00 AM
- Archive Date
- 09/10/2024
- Point of Contact
- Denedra Finley, Contract Specialist, Phone: 713-907-3623
- E-Mail Address
-
Denedra.Finley@va.gov
(Denedra.Finley@va.gov)
- Small Business Set-Aside
- SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
- Awardee
- null
- Description
- This is a combined synopsis/solicitation for commercial items prepared In Accordance With (IAW) the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested. This solicitation is issued as a Request for Quote (RFQ). This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 (effective 05/22/2024), VA Acquisition Regulation (VAAR) (effective 02/24/2023) and Acquisition Policy Flash 24-08 (effective 05/22/2024). This requirement is solicited as a Small Business Set-Aside. The North American Industry Classification System number is 339112, with a size standard in number of 1000 employees and a Product /Service Code of 6515. The Department of Veterans Affairs (VA), Network Contracting Office 16 (NCO 16) located at 5075 Westheimer Road, Suite 750 (90C), Houston, TX 77056 is seeking to purchase brand name only Philips Large Skyplate Detector for Philips Digital Diagnost with installation. The brand name only justification redacted for Philips Large Skyplate Detector for Philips Digital Diagnost is attached as Attachment D. All interested vendors shall provide quotations using Cost/Price Schedule in Attachment A. The Government is requesting delivery of all quantities no later than 60 days After Receipt of Order (ARO) to the following location: Place of delivery ATTN: Morris L Mckenzie Biomedical Engineering / Facilities Management Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe Boulevard Houston, TX 77030 Interested vendor shall specify a specific delivery date or number of days ARO on their quote. No partial shipments unless specifically authorized at the time of award. Invoicing All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. FSC e-Invoice Payment at http://www.fsc.va.gov/fsc/einvoice.asp. Invoice Setup Information, 1-877-489-6135.The following solicitation provisions apply to this acquisition: 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these addresses: http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR Title Date 52.204-7 SYSTEM FOR AWARD MANAGEMENT Oct 2018 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING Aug 2020 52.204-20 PREDECESSOR OF OFFEROR Aug 2020 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERICAL SERVICES Sep 2023 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Nov 2021 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. May 2024 Addendum to 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERICAL SERVICES The following provisions are incorporated into 52.212-1 as an addendum to this combined synopsis/solicitation: Instructions for the Preparation of Quotes: Offeror shall provide the following documentation for the quote to be considered: A completed Price Schedule (to include pricing for all line items), located in Attachment A. A competed Contract Administration Data, located in Attachment B. A completed Certificate of Compliance for Supplies and Products per VAAR 852.219-76 VA Notice of Limitations on Subcontracting, located in Attachment C. An Authorized Distributor Letter from Original Equipment Manufacturer (OEM), which shows evidence of being an authorized OEM Distributor or Reseller for the quoted products. Delivery lead time of quoted products. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: ""The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."" OR ""The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"" Quoters shall list exception(s) and rationale for the exception(s), if any. All questions must be received in writing on or before July 10, 2024 at 2:00 PM Central Standard Time (CST). No phone inquiries will be accepted. All questions, comments, and requests for information regarding this acquisition shall be sent by email and cite the combined synopsis-solicitation number (36C25624Q0824) in the subject line. Government reserves the discretion not to respond to any inquiries submitted after July 10, 2024 at 2:00 PM CST. All responses to questions will be incorporated into a written amendment. All quotes shall be sent electronically via email to Denedra Finley at denedra.finley@va.gov. Quotations shall be received no later than 2:00 PM CST, July 12, 2024. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Note: If all requested documents above are not submitted with your quote you may be deemed ineligible for award. In addition, contractors that do not conform with solicitation requirements may be deemed ineligible for award. (End of Provision) 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in paragraph (c)(1) in the provision at 52.204 26, Covered Telecommunications Equipment or Services Representation, or in paragraph (v)(2)(i) of the provision at 52.212 3, Offeror Representations and Certifications Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services in paragraph (c)(2) of the provision at 52.204 26, or in paragraph (v)(2)(ii) of the provision at 52.212 3. (a) Definitions. As used in this provision Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services. (d) Representations. The Offeror represents that (1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds will in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that It [ ] does, [X] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds does in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded will in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded does in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of Provision) VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer: 52.212-3 OFFERORS REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (End of Provision) (End of Addendum to 52.212-1) Addendum to 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES In accordance with FAR 13.106-2(b)(3), the Government will evaluate quotes based on the comparative evaluation process, by comparing one quote with another in a uniform and fair manner to determine which quote provides the best value to the Government. The following factors shall be used to evaluate offers: Technical, Delivery Lead Time, and Price. The Government will issue an order to the responsible vendor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quotes will be evaluated to determine compliance with the requirements of this solicitation as follows: Factor 1 Technical The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the brand name only combined synopsis-solicitation and based on the information requested in the instructions to offerors section of the combined synopsis-solicitation to be eligible for award. Factor 2 Delivery Lead Time An evaluation will assess quotes depicting a firm delivery date or number of days ARO that is most advantageous to the Government. If delivery lead time is deemed unreasonable, you may be ineligible for award. Factor 3 Price Offerors' price quotes will be evaluated to determine the price is fair and reasonable in accordance with FAR 13.106-3 (a). In addition, the offeror s price will be compared against competing quotes and the independent Government cost estimate. Quotations should include a proposed unit price for each line item, as well as the extended amount (unit price multiplied by quantity). Note: Pricing shall be all inclusive (ex. Shipping cost should be rolled into the line item of the product and not separated as a sperate line item). The award will be made to the response most advantageous to the Government. Responses should contain your best terms, conditions. (End of Addendum to 52.212-2) The following contract clauses apply to this acquisition: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR Title Date 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE Oct 2018 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE Aug 2020 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS Nov 2023 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES May 2022 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES May 2024 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES The following clauses are incorporated into 52.212-4 as an addendum to this contract: VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee s authority. A copy of the designation letter shall be furnished to the Contractor. (End of Clause) VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor s products or services or considers the Contractor s products or services superior to other products or services. (End of Clause) VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018) The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) 0001. The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required. (End of Clause) VAAR 852.212-71 GRAY MARKET ITEMS AND COUNTERFEIT ITEMS (FEB 2023) (a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided. This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory. (b) No counterfeit supplies or equipment/ parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics. (c) Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions. (End of Clause) VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (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 certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and (v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128. (2) The term 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)). (5) The term SDVOSB participant or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102). (b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128. (1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered. (2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database 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 certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70. (d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward 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 (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (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 comply with the required LOS certification requirements in this solicitation (see 852.219 75 or 852.219 76 as applicable). These requirements are summarized as follows: (1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. (2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract. (ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor 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. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements. (3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. (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 for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database. (5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, 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: [X] 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 complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. 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. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program. (h) Misrepresentation. Pursuant to 38 U.S.C. 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 2 Causes for Debarment). (End of Clause) VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(l)(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: (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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219 74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted. (ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act. (2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]: (i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragrap...
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