00100 INSTRUCTIONS, CONDITIONS AND ... - Veterans Affairs



TC "PART I - THE SCHEDULE" \l 1TC "SECTION A - SOLICITATION/CONTRACT FORM" \l 1TC "SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)" \l 2 1. SOLICITATION NUMBER2. TYPE OF SOLICITATION3. DATE ISSUEDPAGE OF PAGES4. CONTRACT NUMBER5. REQUISITION/PURCHASE REQUEST NUMBER6. PROJECT NUMBER7. ISSUED BYCODE8. ADDRESS OFFER TOa. NAMEb. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)12b. CALENDAR DAYS13. ADDITIONAL SOLICITATION REQUIREMENTS:STANDARD FORM 1442 (REV. 8/2014)STANDARD FORM 1442Prescribed by GSA-FAR (48 CFR) 52.236-1(d)SOLICITATION, OFFER,AND AWARD(Construction, Alteration, or Repair)SOLICITATIONSOLICITATIONIMPORTANT - The "offer" section on the reverse must be fully completed by offeror.9. FOR INFORMATION CALL:NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".SEALED BID (IFB)NEGOTIATED (RFP)11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receivingaward,notice to proceed. This performance period ismandatorynegotiable. (See _____________________________).YESNOa.Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealedenvelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.b.An offer guarantee is,is not required.c.All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. .d.Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.113636C26118R0065X09-13-2018TBD0459Department of Veterans AffairsVA Sierra Pacific Network (VISN 21)VA Pacific Islands Health Care System459 Patterson RdHonolulu HI 96819-1522Department of Veterans AffairsVA Sierra Pacific Network (VISN 21)VA Pacific Islands Health Care System459 Patterson RdHonolulu HI 96819-1522Nicole Do (nicole.do@)(808)539-130136C26118R0065, Design-Build/Design-Bid-Build Service Disabled Veteran Owned Small Business (SDVOSB) Multiple AwardConstruction Contract (DB/DBB SDVOSB MACC), Various Locations, Veterans Integrated Service Network (VISN) 21 The proposed contract is limited to Vendor Information Pages (VIP) verified SDVOSB concerns. Vendors must be VIPverified at the time of submission of the proposal and at the time of award. This is a source selection procurementrequiring both technical and price proposals. The procurement consists of one solicitation and two contract groups(Group 1 and Group 2) with the intent to award multiple Indefinite Delivery/Indefinite Quantity(IDIQ) contracts for each Group. The Government anticipates awarding a minimum of ten contracts for each Group as aresult of this solicitation. SYSTEM FOR AWARD MANAGEMENT (SAM): Offerors shall comply with FAR 52.204-7, System for Award Management to receive anaward. Lack of registration in the SAM database will make an Offeror ineligible for award. VENDOR INFORMATION PAGES (VIP): Offerors shall comply with VAAR 852.819.7003, Eligibility, to receive an award. Lackof registration in the VIP database at the time of submission of the proposal will make an Offeror ineligible for awardand the Government will NOT evaluate the proposal. Lack of registration in the VIP database at the time of award willmake an Offeror ineligible for award. PROJECT(S): To be identified in Phase 2. Please submit all questions regarding the solicitation and supporting documentation in writingand submitted via email to nicole.do@ and felicia.demita@.Phase I RFIs will be accepted until October 11, 2018 at 4:30 PM PT. All offerors are responsible for monitoring and downloading attachments and amendments fromFedBizOpps (). Phase I proposals are due October 18, 2018 by 1:00 PM PT. 1530XX52.211-10X14(See Instructions1:00 PM Pacific10-18-2018X220 14. NAME AND ADDRESS OF OFFEROR15. TELEPHONE NUMBER16. REMITTANCE ADDRESSCODEFACILITY CODE17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer isaccepted by the Government in writing within __________ calendar days after the date offers are due.AMOUNTS18. The offeror agrees to furnish any required performance and payment bonds.19. ACKNOWLEDGMENT OF AMENDMENTSAMENDMENTNUMBERDATE.20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER20b. SIGNATURE20c. OFFER DATE21. ITEMS ACCEPTED:22. AMOUNT23. ACCOUNTING AND APPROPRIATION DATA24. SUBMIT INVOICES TO ADDRESS SHOWN INITEM25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( ) 26. ADMINISTERED BY27. PAYMENT WILL BE MADE BYPHONE:FAX:28. NEGOTIATED AGREEMENT29. AWARDYourContractor agreesoffer on this solicitation is hereby accepted as to the items listed. Thisto furnish and deliver all items or perform all work requirements identifiedaward consummates the contract, which consists of (a) the Governmenton this form and any continuation sheets for the consideration stated insolicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contractractual document is necessary.shall be governed by (a) this contract award, (b) the solicitation, and (c)the clauses, representations, certifications, and specifications incorporatedby reference in or attached to this contract.30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED31a. NAME OF CONTRACTING OFFICERTO SIGN30b. SIGNATURE30c. DATE31b. UNITED STATES OF AMERICA31c. AWARD DATEBYOFFERAWARDSTANDARD FORM 1442 (REV. 8/2014) BACK (Include ZIP Code)(Include area code)(Include only if different than Item 14.)(Insert any number equal to or greater thanthe minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)(Type or print)(4 copies unless otherwise specified)(Type or print)(Type or print)(Contractor is required to sign thisdocument and return _______ copies to issuing office.)(Contractor is not required to sign this document.)(Must be fully completed by offeror)(To be completed by Government)CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE SEE ATTACHED PROPOSAL SCHEDULEDepartment of Veterans AffairsVA Sierra Pacific Network (VISN 21)VA Pacific Islands Health Care System3375 Koapaka Street Suite F250Honolulu HI 96819-1522Department of Veterans AffairsFMS VA-9(101) Financial Services CenterPO Box 149971Austin TX 78714-9971Brett VegetoContracting Officer Table of Contents TOC \o "1-4" \f \h \z \u \x PART I - THE SCHEDULE PAGEREF _Toc524532291 \h 1SECTION A - SOLICITATION/CONTRACT FORM PAGEREF _Toc524532292 \h 1SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) PAGEREF _Toc524532293 \h 100100 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO OFFERORS PAGEREF _Toc524532294 \h 92.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc524532295 \h 142.2 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc524532296 \h 142.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990) PAGEREF _Toc524532297 \h 142.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) PAGEREF _Toc524532298 \h 152.5 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) PAGEREF _Toc524532299 \h 162.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984) PAGEREF _Toc524532300 \h 162.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc524532301 \h 162.8 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc524532302 \h 172.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) PAGEREF _Toc524532303 \h 172.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) PAGEREF _Toc524532304 \h 172.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc524532305 \h 182.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc524532306 \h 192.13 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc524532307 \h 192.14 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) PAGEREF _Toc524532308 \h 202.15 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc524532309 \h 202.16 IT CONTRACT SECURITY PAGEREF _Toc524532310 \h 2000110 EVALUATION OF OFFERORS PAGEREF _Toc524532311 \h 30A. See attached document: Attachment A - Construction _ Design Experience Project Data Sheet. PAGEREF _Toc524532312 \h 39B. See attached document: Attachment B - Past Performance Questionnaire. PAGEREF _Toc524532313 \h 39C. See attached document: Attachment C - Consent Letter. PAGEREF _Toc524532314 \h 39D. See attached document: Attachment D - Sample Client Authorization Letter. PAGEREF _Toc524532315 \h 3900200 SCOPE OF WORK PAGEREF _Toc524532316 \h 4000300 REPRESENTATIONS AND CERTIFICATIONS PAGEREF _Toc524532317 \h 783.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) PAGEREF _Toc524532318 \h 783.2 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) PAGEREF _Toc524532319 \h 813.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) PAGEREF _Toc524532320 \h 823.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc524532321 \h 843.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) PAGEREF _Toc524532322 \h 853.6 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016) PAGEREF _Toc524532323 \h 883.7 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) PAGEREF _Toc524532324 \h 893.8 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008) PAGEREF _Toc524532325 \h 893.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION (AUG 2009) PAGEREF _Toc524532326 \h 893.10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015) PAGEREF _Toc524532327 \h 903.11 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) PAGEREF _Toc524532328 \h 9100400 NEGOTIATED CONTRACT CLAUSES PAGEREF _Toc524532329 \h 924.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) PAGEREF _Toc524532330 \h 924.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018) PAGEREF _Toc524532331 \h 934.3 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988) PAGEREF _Toc524532332 \h 954.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) PAGEREF _Toc524532333 \h 964.5 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (INCLUDES TABLE FOR SEPARATE PARTS OR STAGES) (SEPT 2000) PAGEREF _Toc524532334 \h 964.6 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984) PAGEREF _Toc524532335 \h 974.7 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc524532336 \h 974.8 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc524532337 \h 974.9 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc524532338 \h 984.10 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) PAGEREF _Toc524532339 \h 994.11 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc524532340 \h 994.12 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc524532341 \h 994.13 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) PAGEREF _Toc524532342 \h 994.14 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) PAGEREF _Toc524532343 \h 1014.15 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) PAGEREF _Toc524532344 \h 1014.16 52.244-2 SUBCONTRACTS (OCT 2010) PAGEREF _Toc524532345 \h 1014.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc524532346 \h 1044.18 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) PAGEREF _Toc524532347 \h 1064.19 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc524532348 \h 1074.20 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc524532349 \h 1104.21 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) PAGEREF _Toc524532350 \h 1114.22 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) PAGEREF _Toc524532351 \h 1154.23 52.228-1 BID GUARANTEE (SEP 1996) PAGEREF _Toc524532352 \h 1164.24 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc524532353 \h 1174.25 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) PAGEREF _Toc524532354 \h 1194.26 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) PAGEREF _Toc524532355 \h 1194.27 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) PAGEREF _Toc524532356 \h 1194.28 VAAR 852.211-74 LIQUIDATED DAMAGES (JAN 2008) PAGEREF _Toc524532357 \h 1204.29 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) PAGEREF _Toc524532358 \h 1214.30 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) PAGEREF _Toc524532359 \h 1214.31 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc524532360 \h 1214.32 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) PAGEREF _Toc524532361 \h 1224.33 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) PAGEREF _Toc524532362 \h 1234.34 VAAR 852.236-76 CORRESPONDENCE (APR 1984) PAGEREF _Toc524532363 \h 1234.35 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) PAGEREF _Toc524532364 \h 1234.36 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) PAGEREF _Toc524532365 \h 1234.37 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) PAGEREF _Toc524532366 \h 1234.38 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) PAGEREF _Toc524532367 \h 1244.39 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) PAGEREF _Toc524532368 \h 1244.40 VAAR 852.236-83 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS) (JUL 2002) PAGEREF _Toc524532369 \h 1274.41 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) PAGEREF _Toc524532370 \h 1304.42 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) PAGEREF _Toc524532371 \h 1304.43 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) PAGEREF _Toc524532372 \h 1314.44 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) PAGEREF _Toc524532373 \h 1314.45 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) PAGEREF _Toc524532374 \h 1314.46 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) PAGEREF _Toc524532375 \h 1334.47 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE II (JAN 2008) PAGEREF _Toc524532376 \h 1344.48 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008) PAGEREF _Toc524532377 \h 1344.49 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) PAGEREF _Toc524532378 \h 1354.50 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) PAGEREF _Toc524532379 \h 1364.51 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc524532380 \h 13600500 - SPECIAL CONTRACT REQUIREMENTS PAGEREF _Toc524532381 \h 137A.See attached document: Sustainable Design Manual. PAGEREF _Toc524532382 \h 137B.See attached document: 014500. PAGEREF _Toc524532383 \h 137C.See attached document: NCO 21 CONSTRUCTION MACC ADDITIONAL TERMS AND CONDITIONS. PAGEREF _Toc524532384 \h 137LABOR REQUIREMENTS PAGEREF _Toc524532385 \h 137A.See attached document: WD NV180075 NV75. PAGEREF _Toc524532386 \h 137B.See attached document: WD CA180009 CA9. PAGEREF _Toc524532387 \h 137C.See attached document: WD NV180077 NV77. PAGEREF _Toc524532388 \h 137D.See attached document: WD HI180001 HI1. PAGEREF _Toc524532389 \h 137E.See attached document: WD CA120029 CA 29. PAGEREF _Toc524532390 \h 137ITEM NO.SUPPLIES/SERVICESMAXQUANTITYUNITUNITPRICEMAX AMOUNT$50,000,000.000001BASE PERIODFFPThis is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 24 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.A task order for the minimum guarantee will be issued concurrently with the award of the basic contract for the base period only. The task order will be for deliverables such as the quality assurance, safety, and environmental plans as required by the Statement of Work.10011ST OPTION PERIODFFPThis is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 12 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.20012ND OPTION PERIODFFPThis is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 12 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.30013RD OPTION PERIODFFPThis is an Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build/Design-Bid Build Service Disabled Veteran Owned Small Business Multiple Award Construction Contract (SDVOSB MACC), Various Locations, VISN 21 for a period of 12 months. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work.00100 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO OFFERORSINSTRUCTIONS TO OFFERORS (ITO)INFORMATION TO OFFERORS & INSTRUCTIONS FOR PROPOSALPREPARATION PROGRAM STRUCTURE AND OBJECTIVEThe Government intends to award approximately ten (10) contracts per Group for the VISN 21 Multiple Award Construction Contract (MACC) program but reserves the right to award more or less if it is in the best interest to the government. The Government reserves the right to award without discussions. Each awarded contract will be for a two-year base period and three option years. Each contract will have a contract guaranteed minimum of $2,000.00 and a contract maximum of $50 million. GENERAL INSTRUCTIONS This section of the Instructions to Offerors (ITO) provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. Offerors are advised that the proposal submitted should represent their best efforts and most complete response to the solicitation. Cursory responses or responses which merely reiterate the Statement of Work or other components of the Request for Proposal will be considered unacceptable. Evidence of experience, safety, and qualifications, which clearly demonstrate and support the Offeror’s claims are essential. Any Offeror who submits an incomplete package or does not conform with the instructions and/or solicitation’s requirements provided in the ITO may be excluded from evaluation and therefore ineligible for award.The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements, but shall provide convincing rationale to address how the Offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s proposal.The proposal acceptance period is specified in Section A, Block 13 of the solicitation. The Offeror shall make a clear statement in Section A of the proposal Administrative volume that the proposal is valid until this date (220 days).Submissions must be made for one Group or both Groups individually as each Group will undergo a separate evaluation. Each proposal will be evaluated separately and must be capable of being evaluated independently. For example, if you are proposing for each Group, you must submit two separate proposals and each proposal must clearly identify the Group. The Groups are as follows:Group 1 – orders ranging from $2K to Simplified Acquisition Threshold* (SAT) as defined by FAR 2.101(b)Group 2 – orders ranging from $2K to $10MYour experience in Factor 2 should demonstrate experience relevant (in size and scope) to the Group.* SAT is based on the Independent Government Estimate (IGE) and not the resulting task order amount. NUMBER OF COPIES/TIME OF RECEIPT PHASE I (FACTORS 1, 2, 3, and Administrative volume) - Proposals must be completed and submitted prior to the date and time listed in Block 13 of the SF 1442. An original and five (5) copies of the technical proposal for Factors 1, 2, and 3 and an original of the Administrative volume shall be submitted to:Department of Veterans AffairsVA Sierra Pacific Network (VISN 21)ATTN: Timothy Bertucco201 Walnut AvenueMare Island, CA 94592The proposal should be in a sealed envelope/package/box and marked in the bottom right corner “PHASE I – TECHNICAL PROPOSAL SUBMITTED UNDER RFP 36C26118R0065 – DO NOT OPEN IN MAILROOM.”The PHASE I – TECHNICAL PROPOSAL (Original and 5 copies) shall be submitted in a three-ring binder with table of contents and tabbed. The PHASE I – TECHNICAL PROPOSAL shall include the following:All information required by FAR 52.215-1All information required by Factor 1, SafetyAll information required by Factor 2, Recent, Relevant Experience of the Firm (construction)All information required by Factor 3, Past Performance on Recent, Relevant ProjectsThe ADMINISTRATIVE VOLUME (1 Original, no copies needed) shall be submitted in a separate three-ring binder with table of contents and tabbed. The ADMINISTRATIVE VOLUME shall include the following:Signed and completed SF1442 (Solicitation, Offer and Award) and any amendmentsCover letter stating that the proposal is valid for the period specified in Section A, Block 13 of the solicitation (220 days). Representation and Certifications (see Solicitation section 00300)Joint Venture Agreement (if applicable). See section D, “Joint Ventures (JV)”Any Small Business Administration (SBA) certificationsProposals (Technical Proposal and Administrative Volume) must also be electronically mailed and received prior to the date and time listed in Block 13 of the SF 1442. The proposal shall be clearly identified with the solicitation number in the Subject Line, shall be addressed to the Contracting Officer at the following addresses: Nicole.Do@ and Felicia.DeMita@. PHASE II (Factor 4) – The short-listed Offerors in Phase I are invited to submit a Phase II proposal. Proposals must also be electronically mailed. Offerors will be notified as to the due date of the proposal for Phase II via an Amendment. The proposal shall be clearly identified with the solicitation number in the Subject Line, shall be addressed to the Contracting Officer at the following addresses: Nicole.Do@ and Felicia.DeMita@. Offeror guarantee (Section A, Block 13(b)) is required at this time. The PRICE PROPOSAL shall include the following:Signed and completed SF 1442 (Solicitation, Offer, and Award)Signed and completed SF30 (Amendment)Price proposal schedule for the seed projectRepresentation and CertificationsContractors shall also follow instruction in 00110, Evaluation Factors. GENERAL INFORMATION To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale (see ITO Section G). Offerors must be verified SDVOSBs in the Vendor Information Pages (.) on the date of proposal submission and prior to award. The Government will query the VIP website . by Offeror DUNS number on the date that proposals are due. The Government will only use the VIP website to validate SDVOSB status. Those offerors that do not appear on . as verified SDVOSBs on the date of proposal submission will not be evaluated and will not considered for award. Electronic Reference Documents: All referenced documents and/or Amendments for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at: . Potential Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation. Page Limitations: Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Page limitations may also be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the Offerors. Each page shall be counted except the following: executive summary, blank pages, title pages, tables of contents, tabs, and glossaries and those parts of the Proposal noted as unlimited. Page Size and Format: Page size shall be 8.5 x 11 inches, not including foldouts. Pages shall have 1.5 line spacing. Except for the reproduced sections of the solicitation document, the text size shall be no less than 11 points. Pages shall be numbered sequentially by volume. Cost or Pricing Information: All cost or pricing information shall be addressed ONLY in the Cost/Price Proposal volume. Work-hour estimates and material kinds and quantities may be used in other volumes only as appropriate for presenting rationale. Cross Referencing: Each volume shall be written on a stand-alone basis so that its contents may be evaluated with no cross-referencing to other volumes of the proposal. Information required for proposal evaluation that is not found in its designated volume will be assumed to have been omitted from the proposal.Inquiries/Request for Information (RFI)Contractors shall email all their inquiries and RFIs for Phase I of this request for proposal (RFP) to Nicole.Do@ and Felicia.DeMita@. Joint Ventures (JV) Joint Ventures shall submit the following additional documentation regarding their business entities in Phase I: A copy of the JV agreement. The JV agreement must be executed.A detailed statement outlining the following in terms of percentages where appropriate: The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.The management approach in terms of who will conduct, direct, supervise, and control.The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to execute contract documents and bonds). A list of parties/partners, to include company name, DUNS and CAGE numbers, Address, Point of Contact, Email address, phone number and facsimile number. The JV entity shall be verified in Vendor Information Pages (VIP) as an SDVOSB at the time of proposal submission and prior to award. Proposals submitted by JVs that are not verified in VIP at the time of proposal submission will not be evaluated and will automatically be ineligible for award. Notice of Pre-Proposal ConferenceA pre-proposal conference is tentatively scheduled for September 19, 2018 at 10:00 AM HST (1:00 PM PT) for the purposes of briefing on the proposal requirements and answering questions regarding the solicitation. The conference will be held remotely via tele-conference. Interested contractors are highly encouraged to attend the pre-proposal conference. Please contact Nicole.Do@ to RSVP for the pre-proposal conference. Interested contractors must RSVP no later than 2 business days prior to the conference. A record of the conference shall be made and furnished to all prospective offerors via posting to . The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers. Exceptions to Solicitation Requirements Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. This information shall be provided in the format and content of the below example Table 1. Failure to comply with the terms and conditions of the solicitation may result in the Offeror being removed from consideration for award.Table 1 – Exceptions to Solicitation Requirements ExampleSOLICITATION DocumentParagraph/PageRequirement/PortionRationaleStatement of Work, etc.Applicable Page and Paragraph NumbersIdentify the requirement or portion to which exception is takenOfferor justifies why the requirement will not be metIncurred ExpensesThe Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. Only the contractors selected for the MACC, will be awarded an initial task order of $2,000.00 to fulfill the minimum guarantee. NO OTHER OFFERORS/VENDORS WILL BE COMPENSATED FOR SUBMITTING A PROPOSAL. Pre-Award Survey/Responsibility DeterminationFAR §9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract, or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation. Newly-formed entities (e.g. limited liability companies (“LLC’s”), limited partnerships (“LTD’s”) and newly created corporate subsidiaries) that is the entity liable on the contract ordinarily have no record–or an insufficient record–of relevant experience, past performance, and financial capability to support a responsibility determination. In such cases, the offeror may rely on the resources of the LLC member, parent, limited partner, or other entities related to the offeror for responsibility purposes where the offer submits a guaranty from the entity providing the resources.2.1 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 address(es): (End of Provision)FAR NumberTitleDate52.204-7SYSTEM FOR AWARD MANAGEMENTOCT 201652.204-22ALTERNATIVE LINE ITEM PROPOSALJAN 201752.215-1INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONJAN 201752.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.236-28PREPARATION OF PROPOSALS—CONSTRUCTIONOCT 19972.2 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.(End of Provision)2.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).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 for no 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.(End of Provision)2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:Goals for minority participation for each tradeGoals for female participation for each tradeTBD TO %TBD TO % These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the— (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" isHawaii, California, Nevada, Guam, and American Samoa(End of Provision)2.5 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) (a) The term "commercially available off-the-shelf (COTS) item," is defined in the clause of this solicitation entitled "Combating Trafficking in Persons" (FAR clause 52.222-50). (b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that— (1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and (2) Has an estimated value that exceeds $500,000. (c) The certification shall state that— (1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and (2) After having conducted due diligence, either— (i) To the best of the Offeror's knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; or (ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.(End of Provision)2.6 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.(End of Clause)2.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 09/30/2019. 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 09/30/2019, 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)2.8 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Brett Vegeto brett.vegeto@ Hand-Carried Address: Department of Vetereans Affairs Network Contracting Officer 21 ATTN: Brett Vegeto 975 Kirman Ave. Reno NV 89502 Mailing Address: Department of Veterans Affairs Network Contracting Office 21 ATTN: Brett Vegeto 975 Kirman Ave. Reno NV 89502 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)2.9 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.(End of Provision)2.10 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) (a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”: (1) Means a small business concern: (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; (iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (); and (v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable (2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). (b) General. (1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6. (d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate. (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 204202.13 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.2.14 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.[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.](End of Provision)2.15 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.2.16 IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required. c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall. d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle. f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. g. The contractor/subcontractor agrees to: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: (a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/ subcontractor is to perform; (1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and (2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR. h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency. (1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph. (3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 3 days. k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 5 days. l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology. 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation. b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract. (c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 6. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $300.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 9. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.(End of Clause)00110 EVALUATION OF OFFERORSPART I – GENERAL CONTRACT SCOPEThe MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property at sites located within VISN 21. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work. PREFERENCE FOR MAKING MULTIPLE AWARDSThis acquisition is being advertised as a competitive Service Disabled Veteran Owned Small Business (SDVOSB) set-aside and is a source selection procurement requiring non-cost/price, past performance and price proposals. This procurement consists of one solicitation with the intent to award multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts in two separate Groups. Group 1 will include multiple awardees, and the scope of Group 1 includes task orders ranging from $2,000 to the SAT as defined by FAR 2.101(b) (currently $250K). The maximum order amount (SAT) is determined by the IGE and not by the amount of the resultant award. Group 2 will include multiple awardees, and the scope of Group 2 includes task orders ranging from $2,000 to $10M. The Government intends to award a minimum of ten IDIQ contracts per Group. MAGNITUDE OF THE ACQUISITIONA minimum of $2,000.00 is guaranteed for each IDIQ contract awarded. Individual TOs shall have an estimated magnitude of $2,000.00 to the SAT (currently $250,000.00) for Group 1 and $2,000.00 to $10,000,000.00 for Group 2. The Government makes no representation as to the number of TOs or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The contract maximum for each awarded MACC contract is $50 million.Upon contract award, simultaneous task orders will be awarded to satisfy the contract minimum guarantee. The task order will require the awardees to submit their Safety Plan, Security Plan, Fire Safety Plan, Infection Control Plan, Green Purchasing Plan, and insurance certificates. PROPOSAL EVALUATIONThis is a two-phase procurement. In Phase 1, the Offerors will submit and the Government will evaluate the Administrative volume and Factors 1 through 3 (see Part II below). The Government will then short list the most qualified Phase 1 Offerors to compete for the Multiple Award Construction Contracts in Phase 2. The short list is not to be construed as discussions nor will the remaining offerors be considered a competitive range. Those Offerors that do not make the short list will be notified. In Phase 2 of the two-phase selection procedure, the short-listed offerors will submit Factor 4 (see Part II below). In making the best value award decision after Phase 2, the Government will consider price.The Government intends to evaluate all complete and conforming proposals received and award multiple contracts without conducting discussions; therefore, your initial proposal shall conform to the solicitation requirements and should contain the best offer. However, the Government reserves the right to clarify certain aspects of the proposals, or may conduct discussions if it is deemed necessary to obtain the best value for the Government.If discussions are deemed necessary to maximize the Government’s ability to obtain the best value, discussions will be held with those Offerors within the competitive range. The Government may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals, considering price and technical merit.Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Significant weakness or multiple weaknesses may impact the individual factor rating(s) for the proposal. Any proposal with a rating that is less than acceptable for a factor will require correction before being considered for award of a contract.The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contracts.The distinction between corporate experience and past performance is corporate experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.ENFORCEABILITY OF THE PROPOSALThe proposals must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of the contracts. By submission of the offer, the Offeror agrees that all items proposed (e.g., key personnel, designers, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions will be equal or better than as proposed and accepted for contract award and shall require prior Contracting Officer's approval.PART II – EVALUATION CRITERIA1. BASIS OF AWARD: Upon receipt of offers, the Government will conduct a preliminary review of all offers to determine whether the proposal contains sufficient information, as required in the OFFEROR INSTRUCTIONS/SUBMISSION, to allow the Government to perform a meaningful evaluation. If the results of the preliminary review indicate the offer lacks sufficient information to allow a meaningful evaluation to be conducted, the Government may eliminate the proposal from further evaluation and consideration for award. As one part of the preliminary review, the Government will determine whether the offeror is a verified SDVOSB in the Vendor Information Pages (VIP) at .. An offeror that that is not verified in VIP at the time of proposal submission will not be evaluated and will not be considered for award. An offeror with less than 220 days for acceptance will not be evaluated and will not be considered for award (refer to Instructions to Offerors). The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract(s); to negotiate with offerors in the competitive range; and to award the contract(s) to the offeror(s) submitting the proposal(s) determined to represent the best value—the proposal(s) most advantageous to the Government, price and other factors considered.As stated in the solicitation, the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror. As stated in the solicitation, the relative order of importance of the non-cost/price evaluation factors is that technical factors are equal to each other and when combined are equal importance to the performance confidence assessment (past performance). The combined non-cost/price factors are approximately equal to price. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(s) and the associated risk to successful contract performance resulting from the weakness(s). This assessment must provide the rationale for proceeding to award without discussions.2. EVALUATION FACTORS: The solicitation requires the evaluation of price and the following non-cost/price factors and subfactors:Factor 1 – SafetySubfactor – EMR ratingSubfactor – CertificationSubfactor – Technical ApproachFactor 2 – Recent, Relevant Experience of the Firm Factor 3 – Past Performance on Recent, Relevant ProjectsFactor 4 – Seed Project (price)The distinction between experience and past performance is that experience pertains to the volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts. The relative order of importance of the non-cost/price evaluation factors is the technical factors: Factors 1 and 2 are of equal importance to each other and, when combined are equal in importance to the past performance evaluation/performance confidence assessment factor, Factor 3. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.The importance of price will increase if the Offerors’ non-cost/price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-cost/price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered. Basis of Evaluation and Submittal Requirements for Each Factor. (a) Non-cost/price Factors: (1) Factor 1, Safety(i) Submittal Requirements:The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture; however, only one safety narrative is required. Experience Modification Rate (EMR) Rates shall not be submitted for subcontractors.) Experience Modification Rate (EMR)For the three (3) previous complete calendar years, submit your EMR (which compares your company’s annual losses in insurance claims against its policy premiums over a three (3) year period). If you have no EMR for any particular year, affirmatively state so and explain why. Any extenuating circumstances that affected the EMR and upward or downward trends shall be addressed as part of this element. Lower EMRs will be given greater weight in the evaluation. CertificationProvide a certification that you have no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If the number exceeds the criteria listed, provide an explanation. Technical Approach for SafetyDescribe the plan that the Offeror will implement to evaluate safety performance of potentialsubcontractors, as a part of the selection process for all levels of subcontractors. Also, describe any innovative methods that the Offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The Safety narrative shall be limited to two (2) pages.(ii) Basis of Evaluation:The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The Government will evaluate the Offeror’s overall safety record, the Offeror’s plan to select and monitor subcontractors, and any innovative safety methods that the Offeror plans to implement for this procurement. The Government will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project. The Government will also evaluate the narrative to determine the degree to which innovations are being proposed that may enhance safety on this procurement. The Government’s evaluation of safety may also include data from other sources, such as CCASS, OSHA/BLS databases, clients/customers, safety awards, or other related databases. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete safety information regarding these submittal requirements rests with the Offeror. The evaluation will collectively consider the following:- Experience Modification Rate (EMR)- Certification- Offeror Technical Approach to Safety- Other sources of information available to the Government (if applicable) Experience Modification Rate (EMR):The Government will evaluate the EMR to determine if the Offeror has demonstrated a history of safe work practices taking into account any upward or downward trends and extenuating circumstances that impact this rating. Lower EMRs will be more highly rated in the evaluation. Certification:Certifications where the offeror has no more than three serious or one repeat or one willful OSHA or any EPA violation(s) will be more highly rated in the evaluation. Technical Approach to Safety:The Government will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project. The Government will also evaluate the narrative to determine the degree to which innovations are being proposed that may enhance safety on this procurement. Those Offerors whose plan demonstrates a commitment to hire subcontractors with a culture of safety and who propose innovate methods to enhance a safe working environment may be more highly rated in the evaluation. Other Sources of Information Available to the Government (if applicable):The Government may evaluate if the Offeror has demonstrated a history of safe work practices. Those that demonstrate a history of safe work practices may be more highly rated. (2) Factor 2, Recent, Relevant Experience of the Firm (i) Solicitation Submittal Requirements:The Offeror shall submit the following information: Construction Experience: Submit a maximum of five (5) construction projects in which the Offeror (or JV Partner) was the Prime Contractor that best demonstrates the Offeror’s experience on recent relevant projects that are similar in size, scope, and complexity to the RFP. Out of the maximum of five (5) construction projects, at least 2 projects shall be new construction and 1 project shall be repair or alteration or related demolition of existing infrastructure. For purposes of this evaluation, a recent relevant project is defined as new construction and/or repair, alteration and related demolition of existing infrastructure completed within the past five years of the proposal issue date for this RFP. Infrastructure is defined as: 1) construction of a healthcare facility; 2) construction for industrial buildings and warehouses; 3) nonresidential buildings, other than industrial buildings and warehouses; or 4) improvements such as utilities, landscaping, and roadways. “New Construction” is defined as construction that provides for new or expanded facilities or infrastructure. New construction does not include repair and/or modernization of an existing facility nor does it include replacement or upgrade to an existing infrastructure. Also, the Offeror (or JV Partner) must have been a Prime Contractor for the projects and each project shall be $25,000 or more in dollar value for Group 1 offerors and $800,000 or more in dollar value for Group 2 offerors and be completed within the past five (5) years of the date of issuance of this RFP. A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.The attached Construction & Design Experience Project Data Sheet (Attachment A) is MANDATORY and SHALL be used to submit project information.Except as specifically requested, the Government will not consider information submitted in addition to this form. Do not alter the Construction & Design Experience Project Data Sheet (Attachment A) with the exception of expanding the individual blocks on this form; however, total length for each project data sheet shall not exceed two (2) double-sided pages (or four (4) single-sided pages).For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. If the Offeror is a Joint Venture (JV) or a participant of Small Business Administration (SBA) Mentor-Protégé Program, recent relevant project experience should be submitted for projects completed by the Joint Venture entity or SBA Mentor-Protégé. If the JV or SBA Mentor-Protégé does not have shared experience, recent relevant projects shall be submitted for each JV partner or for the Mentor and Protégé. Offerors who fail to submit experience for all JV partners or Mentor and Protégé may be rated lower. Offerors are still limited to a total of five (5) projects combined. (ii) Basis of Evaluation:The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing recent relevant construction and design projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s recent relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review the first five (5) recent relevant projects from the prime contractor. Any projects submitted in excess of the first five (5) for Construction Experience will not be considered.Recent and relevant projects that demonstrate design-build experience may be considered more favorably than those that do not have design-build experience.Recent and relevant projects that demonstrate experience in working in constrained sites (i.e., minimal space) that require innovative solutions may be considered more favorably.Recent and relevant projects that demonstrate experience in design/construction of healthcare facilities (active occupied buildings) may be considered more favorably than those that do not demonstrate experience in design/construction of healthcare facilities. Recent and relevant projects that demonstrate timely completion of projects may be rated more favorably.Recent and relevant projects where the Offeror performed major or critical aspects of the project may be considered more favorably than major or critical aspects of the project performed by a subcontractor or design subcontractor.Recent and relevant projects that the JV entity completed may be considered more favorably than those projects that were completed by only one JV partner.Recent and relevant projects completed in the geographic locations defined in the Statement of Work Section 3.0 may be rated more favorably.(3) Factor 3, Past Performance(i) Solicitation Submittal Requirements: References should submit Past Performance Questionnaires (Attachment B) for each project included in Factor 2. Evidence of customer satisfaction shall be from the owner and/or their representative responsible for the construction contract administration of construction projects. For construction contractors, it shall not be from the designer on a design build project nor shall it be from a prime construction contractor for a subcontractor. The Offeror’s references should provide completed Past Performance Questionnaires (PPQ) directly to Network Contracting Office 21. This does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.If a completed Contractor Performance Assessment Report (CPAR) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for construction experience. Adverse Information Offerors shall provide any adverse information they or the teaming partner received in the past 3 years, such as Letters of Concern, Cure and or Show Cause Notices, Terminations for Cause/Default and a narrative explaining the circumstances resulting from its receipt and corrective actions taken, if applicable. This may include a discussion of efforts accomplished by the Offeror to resolve problems encountered on prior contracts as well as past efforts to identify and manage program risk. Merely having problems does not automatically equate to a limited or no confidence rating, since the problems encountered may have been on a more complex program, or an Offeror may have subsequently demonstrated the ability to overcome the problems encountered. The Offeror shall clearly demonstrate management actions employed in overcoming problems and the effects of those actions, in terms of improvements achieved or problems rectified. This may allow the Offeror to be considered a higher confidence candidate. Submittal of quality performance indicators or other management indicators that clearly support that an Offeror has overcome past problems is required. Organizational Structure Change History Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant past efforts or between the conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, Offerors shall include a "roadmap" describing any/all such changes in their organization. A pamphlet or other commercial document describing such reorganizations may suffice. As part of this explanation, show how these changes impact the relevance of any efforts identified for past performance evaluation/ performance confidence assessment. Since the Government intends to consider past performance information provided by other sources as well as that provided by the Offeror(s), the "roadmap" should be both specifically applicable to the efforts identified, yet general enough to apply to efforts on which the Government receives information from other sources. The Offeror shall submit, along with the information required in this paragraph a Consent Letter (Attachment C), executed by each teaming partner and/or joint venture partner authorizing release of adverse past performance information to the Offeror so the Offeror can respond to such information. For each identified effort for a non-government customer, the Offeror shall also submit a Client Authorization Letter (Attachment D) authorizing release to the Government of requested information on the Offeror’s performance.There is no page limitation.The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor. Performance award or additional information submitted will not be considered.(ii) Basis of Evaluation:This evaluation focuses on how well the Offeror performed on the recent relevant projects submitted under Factor 2 – Experience and past performance on other projects currently documented in known sources. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government.Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of Contractors who are part of a partnership or joint venture identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Offeror’s past performance will be used as a means of evaluating the Offeror’s probability to successfully meet the requirements of the RFP.Offerors that fail to disclose Adverse Information (subsection (2)) where such information is later found may be rated less favorably. Offerors lacking recent relevant past performance history will not be evaluated favorably or unfavorably in past performance and will receive an Unknown Confidence rating.(4) Factor 4, Seed Project Technical Solution (Provided via Amendment to the short listed Offerors)(i) Solicitation Submittal Requirements:Group 1 and Group 2 will have different seed projects. Details and specifications about each seed project will be distributed to the short-listed offerors for each Group via an Amendment to the solicitation. Technical Solution - Provide a narrative describing the technical solution to the project that meets the RFP requirements. As a minimum, the narrative shall address the following: Mobilization and Site AccessProject PhasingProject Scheduling – How do you propose to start the field work within 30 calendar days of task order award and complete all work, to include Basis Of Design and final acceptance within the allotted contract time?Procuring Long Lead Time Equipment and MaterialsHow the work will be executedEnvironmental issues on this projectSafety oversight and enforcement on this projectKey Personnel Experience/Qualifications – complete the information shown in Attachment E for Key Personnel (Project Manager, Site Superintendent, QC). The Key Personnel shall be employees of the Offeror’s firm. If the proposed Key Personnel is not an employee of the Offeror’s firm at the time of the proposal submission, the Offeror shall obtain a letter of intent to be employed by the Offeror, signed by the Key Personnel (wet signature) and the Offeror (wet signature) and shall submit it with the proposal.Process for the consistent, effective, and expedient documentation and resolution of quality problemsDo not exceed four (4) double sided pages (or eight (8) single-sided pages). The page limitation does not include Attachment E. (ii) Basis of Evaluation:The Government will award to the low-priced offeror. However, the Government reserves the right not to make award. Some or all of the content proposed in the Technical Solution may be incorporated into the resultant order and will become material and binding terms to the order. (b) Cost/Price Factor PRICE PROPOSAL FOR THE SEED PROJECT (which may or may not be awarded) – Project Title: TBD. (i) Submission Requirements:With regards to price, Offerors shall complete the Proposal Schedule line item for the seed project (which may or may not be awarded)(ii) Basis of Evaluation:The price proposal for the seed project (which may or may not be awarded) will be evaluated to determine the reasonableness of the Offeror’s proposal. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors combined. A. See attached document: Attachment A - Construction _ Design Experience Project Data Sheet.B. See attached document: Attachment B - Past Performance Questionnaire.C. See attached document: Attachment C - Consent Letter.D. See attached document: Attachment D - Sample Client Authorization Letter.00200 SCOPE OF WORKSTATEMENT OF WORKVISN 21 CONSTRUCTION MACC10 August 2018SUMMARYThe Veterans Integrated Service Network (VISN) 21 Multiple Award Construction Contract (MACC) is an indefinite delivery-indefinite quantity (IDIQ) contract whose requirements will be competed among a pool of multiple awardees. Work shall be defined in individual Task Orders and may consist of multiple disciplines in general construction categories. The MACC will be for a two-year base period and three option years. General project descriptions and specifications shall be derived from the Statement of Work (SOW) of each individual Task Order (TO) that is issued. The contractor shall provide all personnel and equipment to perform the supervisory and administrative services and all subcontracted and self-performed labor, materials, and equipment to provide full and complete execution of work in accordance with each TO. The MACC will be utilized to execute a broad range of maintenance, repair and minor construction projects on real property at sites noted in the “Locations” section. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, repair and alteration of facilities, interior and exterior renovations, heating and air-conditioning, HVAC controls, plumbing, fire suppression, interior and exterior electrical and lighting, fire and intrusion alarms, communications, limited utilities, site-work, landscaping, fencing, masonry, roofing, concrete, asphalt paving, painting, storm drainage, limited environmental remediation, concrete and asphalt paving, demolition of facilities, construction of new facilities, and other construction-related work. Projects may entail alteration, renovation, repair, new construction and/or Activation/Occupancy for the following types of spaces:Clinical and patient care units and all related areas to include general and specialized hospital spaces, including surgical areas.General or highly specialized biomedical research laboratory spaces and all associated support areas.Office, administrative, public and all associated support areas.Interior and exterior utility systems including chiller and steam plants, electrical vaults, etc.Seismic retrofitsParking structuresGeneral purpose areas such as paving, roofing, building exteriors, hardscaping, and utility efficiency upgrades to mechanical, electrical, and architectural systems.North American Industry Classification System (NAICS) codes applicable to categories of work authorized for each MACC task order include but are not limited to: 236210 - Industrial Building Construction 236220 - Commercial and Institutional Building Construction 237110 -Water and Sewer Line and Related Structures Construction 237130 - Power and Communication Line and Related Structures Construction 237310 - Highway, Street, and Bridge Construction 237990 - Other Heavy and Civil Engineering Construction 238110 - Poured Concrete Foundation and Structure Contractors 238120 - Structural Steel and Precast Concrete Contractors 238130 - Framing Contractors 238140 - Masonry Contractors 238150 - Glass and Glazing Contractors 238160 - Roofing Contractors 238170 - Siding Contractors 238190 - Other Foundation, Structure, and Building Exterior Contractors 238210 - Electrical Contractors and Other Wiring Installation Contractors 238220 - Plumbing, Heating, and Air-Conditioning Contractors238290 - Other Building Equipment Contractors 238310 - Drywall and Insulation Contractors 238320 - Painting and Wall Covering Contractors 238330 - Flooring Contractors 238340 - Tile and Terrazzo Contractors 238350 - Finish Carpentry Contractors 238390 - Other Building Finishing Contractors 238910 - Site Preparation Contractors 238990 - All Other Specialty Trade ContractorsTask orders will be any of the following types:Full Design-Build (FD-B) Consists of a Statement of Objectives with minimal supporting documentation; the contractor shall be required to provide a Statement of Work and complete 10% design (as defined under design levels) along with their bid and, if awarded, shall complete the design in accordance with the TO and basic contract prior to commencing construction.If required, awarded TOs shall complete the design to the 100% level. This will include participating in design reviews, conducted at the construction location, at each design milestone (35%, 65%, etc.) as described in the task order.See “PG-18-15 – A/E Submission Requirements – Volume C (Minor and NRM Projects” at The design documents shall comply with the requirements as specified in the VA Technical Information Library (TIL) located at (D-B-B) Consists of a Statement of Work with a full A/E design package provided as part of the task order. The contractor shall be required to provide only a bid and, if awarded, shall commence construction in accordance with the TO and basic contract. An Architectural/Engineering firm (A/E) will render certain technical services during construction. Such services shall be considered as advisory to the Government and shall not be construed as expressing or implying a contractual act of the Government without affirmations by Contracting Officer or his duly authorized representative.DEFINITIONS / ACRONYMSA/E: The Architectural/Engineering Design Consultants.Contracting Officer: Refers to a person with the authority to enter into, administer, change and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the contracting officer.Contracting Officer’s Representative (COR): The facility project manager or his/her authorized representative is designated as the COR, for the purpose of technical surveillance and evaluation of the work performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract.Contract Clauses: Where Special Clauses or General Provisions are referred to in the specifications, reference should be to Contract Clauses.Group 1: Group 1 will be comprised of multiple IDIQ contract awardees. The task order range for Group 1 is $2,000.00 to the Simplified Acquisition Threshold (SAT) as defined by FAR 2.101(b) (currently $250,000.00). Please note that this amount is based on the Independent Government Estimate (IGE), not the resulting task order amount. Group 2: Group 2 will be comprised of multiple IDIQ contract awardees. The task order range for Group 2 is $2,000.00 to $10M. Please note that this amount is based on the Independent Government Estimate (IGE), not the resulting task order amount.Task Order (TO): An order placed against an established contract, which may contain the general requirements and parameters of a proposed project. Included with the TO may be a Statement of Work or Statement of Objectives that define specific technical requirements for the project. May also include information such as budget limitations, design certifications and drawings required to be prepared by the contractor.Statement of Work (SOW): Written descriptions documenting work required by each Government TO. May be provided by the Government or prepared by the Contractor, depending on the individual TO. The SOW includes the specific technical requirements for the project.Statement of Objectives (SOO): The initial document, with drawings where applicable, provided to the Contractor by the Government outlining the overall performance objectives to be completed. It is used in solicitations when the Government intends to provide the maximum flexibility to each offeror to propose an innovative approach.Warranty: Shall mean Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Government of the Contractor’s work.Pre-Final Inspection: Pre-final inspection is the Government Project Team inspection of the project where the Substantial Completion has been achieved and verified by the Project Officer.Final Inspection: Final Inspection is the government inspection of the corrective work of the non-conforming items identified during the Pre-Final Inspection.MEANING OF APPROVED, DIRECTED, AND/OR WORDS OF LIKE OR SIMILAR EFFECT “Approved”, “Directed”, “Required”, “Applicable”, or words of like or similar effect, when used in the specifications shall be interpreted to mean “Approved By”, “Directed By”, etc., the Contracting Officer unless otherwise specifically stipulated.LOCATIONSThe project sites are located within VISN 21. The following sites are subject to change at any time during the duration of this contract. The scope of this contract includes any sites under VISN 21’s area of responsibility. The specific project location will be indicated in the individual TOs.VA Palo Alto Healthcare System (VAPAHCS) – consists of three main campuses: (1) Palo Alto Division (PAD) located at 3801 Miranda Avenue Palo Alto, CA 94304; (2) Menlo Park Division (MPD) located at 795 Willow Road Menlo Park, CA 94025; and (3) Livermore Division (LD) located at 4951 Arroyo Road Livermore, CA 94550. The VAPAHCS is also comprised of various veteran centers and community clinics. See link at: for additional information. San Francisco VA Healthcare Center (SFVAMC) - is located at 4150 Clement Street San Francisco, CA 94121. The SFVAMC is comprised of various veteran centers and community clinics. See link at: for additional information. VA Northern California Healthcare System (VANCHCS) – consists of the Valley Division (Sacramento VA Medical Center) located at 10535 Hospital Way Mather, CA 95655 and the East Bay Division – Martinez Outpatient Clinic located at 150 Muir Road Martinez, CA 94553. The VANCHCS is comprised of various veteran centers and community clinics. See link at: for more information. VA Pacific Islands Healthcare System (VAPIHCS) – the Spark M. Matsunaga VA Medical Center is located at 459 Patterson Road, Honolulu, HI 96819. The Spark M. Matsunaga VA Medical Center is co-located on the Tripler Army Medical Center (TAMC) Department of Defense Army base. The VAPIHCS is also comprised of various veteran centers and community clinics located throughout the Hawaiian Islands, Guam, American Samoa, and Saipan. See link at: for additional information. VA Sierra Nevada Healthcare System (VASNHCS) – is located at 975 Kirman Avenue Reno, NV 89502. The VASNHCS consists of veteran centers and community clinics. See link at: for more information. VA Central California Healthcare System (VACCHCS) – is located at 2615 E. Clinton Avenue Fresno, CA 93703. The VACCHCS consists of veteran centers and community clinics. See link at: for more information. VA Southern Nevada Healthcare System (VASNHS) – is located at 6900 North Pecos Road North Las Vegas, NV 89086. The VASNHS consists of veteran centers and community clinics. See link at: for more information. MINIMUM/MAXIMUM CONTRACT AMOUNTSThe only work authorized under the MACC is as described in individual Task Orders (TOs). A minimum of $2,000.00 is guaranteed for each IDIQ contract awarded. Individual TOs shall have an estimated magnitude of $2,000.00 to the Simplified Acquisition Threshold (currently $250,000.00) for Group 1 and $2,000.00 to $10,000,000.00 for Group 2. The Government makes no representation as to the number of TOs or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The contract maximum for each awarded MACC contract is $50 million.CONTRACT ADMINISTRATIONThe office having administrative jurisdiction over the MACC and subsequently issued task orders shall be: Network Contracting Office 21 (NCO 21) 3230 Peacekeeper Way, Bldg 209 McClellan Park CA 95652Only a warranted Contracting Officer, a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the MACC and subsequently issued task orders. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of the MACC or subsequently issued task orders, contractor are hereby directed not to proceed with the change and immediately notify the Contracting Officer. No deviations, or waivers to the MACC or subsequently issued task orders shall be affected without a modification executed by a Contracting Officer, authorizing such changes, deviations, or waivers. Each MACC will be assigned an individual contract number. Enumeration of task orders (TO), hereafter referred to as an “order”, “task order” or “orders”, will consist of a sequential numbering system comprised of the MACC contract number and the corresponding task order number. For accounting and appropriation data purposes, each task order shall be individually funded. All correspondence and data submitted by contractors under the MACC must reference the contract number, task order number, project title, and project number (if applicable). At least annually, the contractor should submit to the Contracting Officer a capabilities statement that documents and highlights areas of expertise. This information may be used to satisfy fair opportunity on task orders under the Simplified Acquisition Threshold (SAT) (see SOW Section 8.7). NOTICE OF CONSTRUCTIVE CHANGESNo order, statement or direction of the Contracting Officer, authorized representative of the Contracting Officer, whether or not acting within the limits of his or her authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless a change is issued in writing and signed by the Contracting Officer.ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERSTask Order Proposal Request (TOPR) projects may be non-complex performance oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or a combination thereof. In rare cases, the TOPR may not have traditional plans and specifications as described herein but may include sketches, and requests for catalog cuts, and other submittals. When complete plans and specifications are not provided the VA Master Specifications which, can be found at , will apply for elements of work not addressed by a project specific specification. For more information regarding TOPRs, see paragraph “Proposal Preparation.”Projects may require full design-build efforts to include professional A&E services. The request will include information such as a statement of work, guide specifications, drawings, attachments, and information pertaining to a site visit; evaluation criteria, design requirements for design-build projects and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Performance and Payment bonds shall be required for Task Orders, in accordance with performance and payment bonds and alternative payment protections for construction contracts. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. The basis for award of each task order will be stated in the RFQ/RFP/bid invitation.Procedures for design-build projects: An RFQ/RFP may be issued with the amount of funds available for design and construction along with, but not limited to, a Statement of Work, Design Criteria and /or project Book, or concept design. The MACC contractors may be requested to submit a concept design/proposal Phase one. A two step process in accordance with FAR 36.3 shall be followed. After the first proposal submission the most highly qualified firms will be asked to submit phase-two proposals. Task Order will be issued with a firm fixed price for design and construction. It is the MACC Contractor’s responsibility to design the project so that it can be constructed within the fixed price contract value. Failure to do so is at the Contractor’s risk. Contractors may be required to compete the design among subcontractors and submit a detailed proposal for construction (e.g. breakdowns for labor, equipment, and materials).Cost proposals for TOPRs will include a price schedule and may require a construction cost estimate breakdown. In addition, the TOPR may include, but is not limited to, the following as applicable, based on the level of design required:Any available as-built drawings, specifications, or design information.Design calculations requirements in addition to those listed in the design level paragraphs.Construction drawings requirements including professional certifications.Timeframes for preparing the proposal, completing design work, and completing construction and closeout.Submittal requirementsContractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirement specified in each TOPR. The Contractor WILL NOT be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-Task Order costs. Occasionally the Government will solicit offers for projects for which funds are not certified nor readily available. Submission of proposals for these acquisitions is at the sole discretion of the respective MACC awardees and their declination to participate in any or all such solicitations will not reflect negatively upon them. TASK ORDER COMPETITIONFair Opportunity to compete for TOs shall be provided, in accordance with FAR 16.505 Ordering, within each Group(s). For those requirements where the estimated dollar value falls within the scope of Group 1 and Group 2, the Contracting Officer has sole discretion to set aside the requirement to one or more Groups. For example, on a $100,000.00 requirement, the Contracting Officer may solicit the requirement to Group 1 or Group 2 or both Group 1 and Group 2. Upon receipt of a TOPR, contractors shall be encouraged to participate in site visits and submit proposals. Failures by offerors to participate responsibly in site visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the Contractor from further competition.Contractors are urged to attend any site visits that will be scheduled by Contracting, as identified on TOPRs. (See Contract FAR Clauses 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigation and Conditions Affecting the Work).Failure to attend site visits may not be used as an excuse for omission or miscalculation in proposals, and may be taken into consideration in determining a Contractor’s eligibility to participate in future Task Orders.Contractors shall inspect project job sites with Government representatives prior to proposal submissions for individual projects. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contracting Officer in writing. The contractor shall also notify the Contracting Officer upon observing any features in the design that appear to be ambiguous, confusing, conflicting or erroneous.The government shall reserve the right to issue orders non-competitively for projects involving exigent or extraordinary circumstances that threaten patient safety, or which may be necessary to mitigate damage to VA facilities or other real property. Orders may also be issued non-competitively to satisfy the minimum guarantee. If the order does not exceed the Simplified Acquisition Threshold (SAT), the contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee. The contracting officer has the discretion to review available information when selecting an awardee for an order under the SAT and this shall constitute fair opportunity. For example, the contracting officer may review MACC awardee capability statements and choose to get quotes only from those multiple awardees that have specialized experience related to the requirement. If the Contractor believes it was not fairly considered for a particular task order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or Contracting Officer’s decision to the corresponding Ombudsman for the agency, or region. The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered a Task Order.PROPOSAL PREPARATIONA TOPR issued under this contract shall, except in rare cases, be issued to all contractors and will, at a minimum, include a SOO/SOW defining the project requirements. Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor. Deviations and Alternate Proposals. Offerors shall specifically identify all deviations from the minimum RFQ/RFP requirements in a cover letter in a section entitled "Alternate Proposal” or “Deviations." This requirement applies for all proposal revisions and Final Proposal Revisions. Proposed alternates/deviations shall specifically address in detail the alternate and rationale for proposing. Alternate solutions and deviations shall include separate pricing information. If an alternate/deviation is proposed, the work as specified in the solicitation must also be priced, and all proposed alternates shall be specifically addressed and expanded upon in the proposal submissions to include separate pricing information.PROPOSAL EVALUATION CRITERIAProposals received in the TOPR format will be evaluated based on compliance with the TOPR requirements and the proposed price. The TOPR shall indicate the minimum requirements that must be met for a proposal to be considered technically acceptable. Evaluations may be conducted on any basis including but not limited to pass/fail, tradeoff, comparative analysis, performance-price tradeoff, requests for bid, or price only. The type of evaluation criteria shall normally relate to the complexity of the requirement, but will be at the sole discretion of the Contracting Officer. For the purpose of initial evaluations of offers proposed for individual Task Orders, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Offeror: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected.For purposes of price evaluation, the Government will proceed on the assumption that the Offeror intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.TASK ORDER AWARD DECISIONTo the maximum extent practicable, award of task orders shall be made without discussions. Contracting Officers reserve the right to limit the number of proposals received in response to an order RFP to the greatest number that will permit an efficient competition among the most highly-rated proposals.If exchanges are required, each MACC contractor will be requested to provide a final proposal revision, unless eliminated from exchanges through the establishment of a competitive range.If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.Task Order award will be made based on the best value to the Government in accordance with the criteria described in the RFQ/RFP/bid. When price is the only factor considered, award will be based on the lowest reasonable price received. Proposals unrealistically high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.TASK ORDER ISSUANCE PROCEDURESWork under the MACC contract will be ordered by written TO to the contractor by the Contracting Officer. The individual TOs will be placed in a sequential numbering system, which relate back to the contractor’s basic MACC contract.The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by executed TOs.TOs will clearly define the specific services to be performed or the performance desired. Each TO is subject to the terms and conditions of the MACC contract. In the event of a conflict between the TO and the MACC contract the contract shall take precedence. The specifications may be adjusted as needed in the individual TO solicitation. Such alterations shall apply only to the individual TO in which they are contained and shall not be interpreted as replacing or removing requirements from the basic contract specifications for any prior, current, or future TO.Task orders shall be issued using the Standard Form (SF) 1442, or other authorized VA forms where appropriate. Orders may be issued electronically via e-mail, regular mail, telephone, facsimile, or other authorized electronic means. If mailed, a Task Order is considered "issued" when the Government deposits the order in the mail.All orders issued from the MACC basic contract shall be Firm-Fixed-Price (FFP) and individually funded.PROTESTSIn accordance with FAR 16.505(a)(10), NO protest shall be authorized in connection with the issuance or proposed issuance of an order under task-order Contract, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.FAR 33.1 defines a “Protest” as written objection by an interested party to any of the following:(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.(2) The cancellation of the solicitation or other request.(3) An award or proposed award of the contract.(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.OMBUDSMANThe task order contract and delivery order ombudsman for VA is the Associate Deputy Assistant Secretary for Acquisitions per VAAR 816.505—Ordering and as described in FAR 16.505 (b)(6). Interested parties may obtain the name, telephone number, facsimile number, and e-mail address of the current Associate Deputy Assistant Secretary for Acquisitions by contacting: The Office of Acquisitions (049A), VA Central Office, 810 Vermont Ave., NW., Washington, DC MENCEMENT OF WORKNo work under this contract shall commence until such a time as the Contracting Officer issues a written TO and a Notice to Proceed (NTP). The Contracting Officer reserves the right to determine the issue date of any Task Order NTP. OPTION FOR INCREASED QUANTITY ON TASK ORDERSThe Government may elect to make certain tasks option items. In this case, the Government may increase the quantity of work awarded on individual orders by unilaterally exercising option item(s) within the period specified in the order. In the event the option is not exercised within the time period specified in the order, the parties may agree via a bi-lateral agreement to the option(s) provided that the exercising of said option(s) will not increase the contract performance period. Any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail, provides by facsimile, or electronic mail.TASK ORDER PERFORMANCE PERIODSpecific periods of performance will be identified in each individual TO and accompanying TOPR. FAR 52.211-10, Commencement, Prosecution, and Completion of Work shall be incorporated into each TO identifying the construction schedule. The Government reserves the right to negotiate a performance period or impose a performance period for each TO.For design phase of task orders (as applicable): The Contracting Officer shall issue a Notice to Proceed (NTP) in order to commence the first design phase. The performance period for the design segment of work starts after the receipt of the Notice to Proceed for Design. After approval of each design level, the Contracting Officer will issue a NTP for the contractor to proceed to the next design level. The Government review time for each design level is included in the total design period of performance. When a design submission is disapproved, the contractor shall provide necessary corrections and resubmit. The resubmission time does not automatically extend the design period of performance.For construction phase of task orders (as applicable): Prior to issuing the Notice to Proceed (NTP), the contractor shall submit bonds, safety plan, fire safety plan, infection control plan, security plan, insurance certificates, draft schedule, and any other documents specified in the TOPR. The performance period for the construction portion of a TO starts after receipt of the Notice to Proceed for Construction. This period of performance for construction includes, but is not limited to, completion of project, all punch-list items, final clean-up, review and acceptance of all deliverables (As-built drawings, O&M manuals, warranties, etc.). The Government review time for as-built drawings, manuals and warranties is included in the performance period and specific timeframes will be listed in the TO. After as-built drawings are approved, the Government has 14 calendar days to return red-line drawings. If there is no design required, only one NTP will be issued for construction.AMBIGUITY / CONTRACT INTERPRETATIONThis written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.KEY PERSONNEL REQUIREMENTSCertain skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under each task order. "Key Personnel" are those persons whose resumes may be evaluated as part of a TOPR. The contractor agrees that such personnel shall not be removed from the task order work without prior approval from the Contracting Officer. If an individual is no longer able to work on the task order for which they are designated as “key personnel”, the contractor shall promptly replace such personnel with personnel of at least substantially equal ability and qualifications. All requests for approval of substitutions must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer to approve the proposed substitution.If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the task order, the task order may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if it is found the contractor to be at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage. LAYING OUT WORKField Dimensions: Any drawings and specifications that may accompany each TO indicate generally the design and arrangement of all apparatus, fixtures, accessories, etc., necessary to complete the work required. The exact location or arrangement of equipment is subject to minor changes necessitated by field conditions and shall be made as required without additional cost to the Government. Measurements shall be verified by actual observations at the construction site, and the Contractor shall be responsible for all work fitting into place in a satisfactory and competent manner meeting the approval of the Contracting Officer.REPORT OF ERROR AND DISCREPANCIESContractors shall promptly notify the Contracting Officer in writing of any discrepancies. Any proposed changes to the specifications by the Contractor must be submitted in writing to the Contracting Officer for approval prior to implementation.CORRELATION OF DRAWINGS, SPECIFICATIONS, AND CONTRACTSSpecifications, Contract and the accompanying Drawings are intended to be cooperative and what is called for by one shall be as binding as if called for by all. Should any error or inconsistency appear in the Drawings or Specifications, the Contractor, before proceeding with the work, shall make mention of same to the Contracting Officer for proper adjustment, and in no case shall he proceed with the work in uncertainty. LATENT DEFECTSThe contractor shall hold the government harmless for any latent defects that cannot be anticipated, or identified through existing as-built drawings, or survey data recorded in county land records. Any delays resulting from discovery of latent defects will require a contracting officer’s determination as to whether or not they may be compensable, by first establishing the basis for excusable or inexcusable delay.LIQUIDATED DAMAGESThe appropriate liquidated damages rate(s) shown in the following tables shall be included in all firm fixed-price construction TOs exceeding the simplified acquisition threshold. These rates may be included in TOs below the simplified acquisition threshold at the discretion of the contracting officer and will be specified in the TOPR. If multiple completion dates are specified, a liquidated damage rate will be specified in the TOPR for each date. If multiple deliverables are specified, a liquidated damage rate per day per deliverable will be specified in the TOPR.The liquidated damage rates may be increased or decreased up to 50 percent by a contracting officer’s written determination that the Government’s anticipated loss from delayed completion is less or greater than these amounts. The final invoice shall include either the statement “The contract was completed within the contract time and no liquidated damages are assessed,” or be annotated to show the contract completion date, the actual date of completion, the number of days for which liquidated damages are assessed, the rate per calendar day of liquidated damages and the total amount of liquidated damages assessed by modification for late performance. Assessment of liquidated damage shall be through issuance of a unilateral modification. Liquidated damages for labor violations are assessed in accordance with FAR 52.222-4.Table 1: Liquidated Damages Table – General Construction ProjectsProject CostEstimated Liquidated Damages Per Calendar Day$ 2,000 – 25,000$ 111.50 25,001 – 50,000 131.79 50,001 – 100,000 180.76 100,001 – 500,000 274.65Each additional $100,000 – add $50BENEFICIAL OCCUPANCYIn accordance with FAR Clause 52.236-11, the contracting officer shall have the right to take possession of or use any completed or partially completed part of the work. Beneficial occupancy does not relieve the contractor for complying with the terms of the contract.PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCEPrior to starting work under a task order, contractors shall meet with the Contracting Officer and designated technical representative to discuss and establish expectations regarding overall project oversight, to include schedules and expected contractor performance.PROJECT COLLABORATIONThe Contractor shall consult with the Government, A/E and designated representatives regarding site use and improvements, and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on actions designed to minimize adverse effects of labor or material shortages, time requirements for procurement, installation and renovation/construction completion; and factors related to construction cost estimates of alternatives designed or materials.STANDARDS OF MANUFACTUREFor purpose of establishing the standard of construction and the requirements to be met in the work of all divisions, the drawings and these specifications are based on the use of products hereinafter specified, adapted to the installation as required to meet the condition.Where brand names are shown, these names are intended to describe a quality of product, and in no way are intended to limit products of equal quality. Therefore, products of other manufacturers may be employed for this work provided they are equivalent materials and construction and equally adaptable to the conditions as approved by the Contracting Officer.SUBMITTALS & RFIsThe contractor shall utilize a submittal and RFI (Request for Information) management system that allows for the following:Ability to track status of all project submittals and RFIs via computer-based platformAbility to transfer large files to/from VA representatives (cannot be blocked by VA firewall)Ability to produce logs to show current status of all project submittals and RFIsAbility to send e-mail notification to the responsible party having the next action for review, approval, revision, etc.If a listing of required submittal items was included with the project documents: Within 10 calendar days after receipt of the Notice to Proceed (NTP) with construction, the Contractor shall identify a not later than “required submission date” for each item specified on this form. Contractor shall ensure the specified dates provide adequate time to process the requirement and allows sufficient order/receipt time prior to the projected installation date.Variance from contract requirements: Whenever materials or drawings are required to be submitted by the Contractor for approval, and the material or drawings submitted are at variance with the specifications or Government drawings, but are approved by the Contracting Officer inadvertently and without consciousness of the variance, then the approval shall not be final unless the Contractor expressly noted on the submittal that "This material or drawing varies from specifications in the following aspects."Prior to final payment: The Contractor shall provide all test results and other close-out submittals as specified in the contract documents.METHOD OF CARRYING ON THE WORKAll work under the Contract shall be arranged and carried on in such a manner as to complete work in the least possible time. The Contractor shall consult with the Contracting Officer as to methods or sequence of carrying on the work. A definite project schedule shall be arranged before starting.To insure such executions, contractor shall furnish the COR with a schedule of approximate phasing dates on which the Contractor intends to accomplish work in each specific area of site, building or portion thereof. In addition, Contractor shall notify the COR two weeks in advance of the proposed date of starting work in each specific area of site, building or portion thereof. Arrange such phasing dates to insure accomplishment of this work in successive phases mutually agreeable to Medical Center Director, COR and Contractor.Activities in the vicinity of this project may be kept in full or partial operation during construction. The Contractor shall coordinate scheduling of construction activities with the Contracting ERNMENT SUPERVISIONThe Government shall not exercise any supervision or control over contractor employees performing services under the MACC. Such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.CORRESPONDENCEAll correspondence shall be addressed to the Contracting Officer and the Contracting Officer's Representative (COR). Correspondence shall maintain separate and distinct submittals to identify each project by name and Task Order number.GENERAL WAGE DECISIONSApplicable Davis-Bacon wage rates will be identified for each performance period of the contract, and those wage rates will flow down to all Task Orders issued during that period of time. Service Contract Act wage determinations will be issued for Task Orders for 100% demolition projects only. Contractors are hereby given notice, and bear the sole responsibility of utilizing the most current Wage Determinations when submitting proposals for evaluation. Up-to-date Wage Determinations may be found online at PROTECTION AND TEMPORARY HEATING/COOLING/VENTILATIONContractors shall provide and maintain weather protection and temporary heating, cooling, or ventilation as may be required to properly protect all parts of the structure from damage during construction. Contractors shall be responsible for repairs and maintenance to the heating, cooling, and ventilation system or units during the construction period and shall deliver the same to the Government, at termination of such use, in perfect condition, cleaning out all air ducts and replacing all filters. Any temporary heating and cooling shall be provided at the expense of the Contractor.Weather Hazards: The Contractor shall inform himself/herself as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any U.S. Weather Bureau Office.High Winds: When warnings of winds of gale force or stronger are issued, the Contractor shall take every practicable precaution to minimize damage to persons, work, and adjacent property. These precautions may include removing all stored materials, tools, and/or equipment from exposed locations and removing or securing any temporary structures.Time Extension Due to Weather: In conformance with Federal Acquisition Regulation (FAR) Clause 52.249-10, Default (Fixed-Price Construction), only unusual or unusually severe weather will be considered by the Contracting Officer in determining if the time for completing the work is excusable as a result of weather and the performance period should be extended. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays for all weather dependent activities. The contractor will record on the daily report the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday.DIVISION OF WORKThe various divisions of project Specifications shall not be considered as negotiations of the material and labor involved. The arrangement and order of these divisions are made for convenience only, and it is not the intent, nor shall it be so construed, a particular trade or sub-contractor must perform that work included in any one division.Any item mentioned under any division heading must be supplied even though it is not specified under the heading for the respective work, but is shown on the Drawings. No claims for extras arising out of real or alleged error in such arrangement or order of the various divisions will be given considerationThe organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among Sub-contractors or in establishing the extent of the work to be performed by any trade. WORK BY THE GOVERNMENTThe Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.PRE-FINAL AND FINAL INSPECTIONPre-Final Inspection Notification: The Contractor and the Government will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final inspection shall be made in writing to the Contracting Officer at least 5 days prior to the desired date. Based on the inspection, the COR shall generate a punch list of contract items needing to be corrected or completed by the Contractor. This punch list may not necessarily be the final punch list. Items noted on the punch list will be completed prior to scheduling a final inspection. Additional items may be identified during the Final Inspection.Along with the request for a Pre-final inspection the contractor shall provide the Government a document evidencing that the contractor conducted their own inspection ensuring 100% completion of the project. Discrepancies noted on the Pre-final inspection will be furnished by the Government inspector to the Contracting Officer. As-built drawings, real property data, warranties, manuals, etc., may be turned-in at time of final inspection. All punch-list items of remaining work shall be completed prior to the contractor requesting Final inspection. Furthermore, the contractor shall ensure that adequate performance time remains for completion of ALL deficiencies noted during the Pre-Final Inspection and the scheduling and completion of the Final Inspection.Final Inspection Notification: The Contractor shall notify the Contracting Officer in writing at least five (5) working days in advance of the desired final inspection date. Final clean-up shall be made prior to a final inspection, and consist of cleaning the site and adjacent areas, as required by the Contracting Officer. Soil disturbed by construction activity shall be left in a uniform, smooth, and compacted condition. Discrepancies noted will be corrected within the time specified by the Contracting Officer.In the event the pre-final or final inspection will be conducted by a Government contracted service, (A&E firm or other contracted individual) the Contractor may be held liable for travel and labor costs when the project is not sufficiently complete and the inspection must be rescheduled or an additional inspection is required. Declination to Inspect: The Contracting Officer reserves the right to both decline the contractor’s request of a pre-final and/or a final inspection when it is evident that the project is not ready for inspection.Acceptance: Final acceptance will not occur until all work, to include all submittal items and clean-up, has been accomplished and no discrepancies remain. Final inspection and acceptance should be scheduled prior to or not later than the contract completion date.TASK ORDER COMPLETION AND CLOSE-OUTAll close-out documents shall be provided to the Contracting Officer, in accordance with task order requirements, upon completion of the work and prior to approval of final payment, unless specified to be provided earlier.WARRANTYIn addition to the specific guarantees required by the specifications for certain portions of the work to be performed under this Contract, the Contractor shall furnish a written warranty for all of the work to be performed under this Contract, against defects in materials or workmanship for a period of one (1) year from the date of final acceptance of the completed work by the Government. Specification requirements may require a longer period of warranty than one (1) year. All work including workmanship, material, and equipment (other than Government furnished equipment) shall be warranted for the full period of standard manufacturer’s warranty, but in no case shall be warranted for a period of less than one (1) year. Upon notice from the Contracting Officer of any failure during this warranty period, the part or parts shall be replaced promptly with new parts by and at the expense of the Contractor. Whenever the manufacturer of a piece of equipment supplied by the Contractor customarily provides a warranty covering the equipment, the Contractor shall promptly turn over such to the Contracting Officer. In the event the Contractor or his designated representative fails to commence and complete any warranty work required, within the designated time stated by the Contracting Officer, the Government shall have the right to have the work performed by others. After completion of work, the Government shall make demand for reimbursement of any and all expenses incurred by the Government for the repair work, including, but not limited to, administrative expenses.FINAL AS-BUILTSPrior to final payment, the Contractor shall submit all “As-Built Deliverables”. Government shall review and approve drawings and may require that they be resubmitted if there are errors or omissions. The original "as-designed" contract drawings and specifications are modified to show all additions, deletions and other changes made during construction. These tasks are performed whenever changes, additions or deletions from the original "as- designed" contract drawings and specifications are made during construction. The Contractor shall maintain a set of paper drawings (Construction Set) and specifications to track changes, additions or deletions from the original design during construction. The Contractor shall mark working as-built set to show changes, additions or deletions.For design-build task orders, the Contractor will transfer the changes from the working as-built marked prints to the original electronic CAD files. Final as-built drawings shall be prepared after the completion of each definable feature of work. The contractor shall submit the final as-built conditions to the government in the specified format. The Government Project Engineer or Inspector and the Contractor will jointly review the working as-built marked prints, printouts from working as-built CAD file drawings, and final as-built drawings for accuracy and completeness.AS-BUILT DELIVERABLESWhen opened, the drawing shall be seen exactly as it should be plotted. Include all files, both graphic and non-graphic, required for the project. Make sure all files are in the same directory, and that references to those files do not include device or directory specifications.Ensure all reference (external reference) files fulfill relative path directory. External files are attached and without device or directory specifications.Remove all extraneous graphics/text outside the project border area, and set the active parameters to a standard setting (or the setting contained in the seed or prototype file).Include any standards sheets (abbreviations, symbols libraries, font libraries, color tables, pen tables, plot configuration files, user command files, etc.) necessary for a complete press and/or reduce all files using the appropriate utilities. A digital media copy of the decompression utility should be provided with the delivered data. All files shall be purged and all Xrefs shall be included.OPERATION & MAINTENANCE (O&M) MANUALSPrior to final inspection, the Contractor shall provide O&M manuals for each separate piece of equipment to the COR coincidental with the delivery of the equipment to the job site. Manuals shall be complete, detailed guides for the maintenance and operation of equipment. They shall include complete information necessary for starting, adjusting, maintaining in continuous operation for long periods of time and dismantling and reassembling of the complete units and sub-assembly components. Manuals shall include an index covering all component parts clearly cross-referenced to diagrams and illustrations. Illustrations shall include "exploded" views showing and identifying each separate item. Emphasis shall be placed on the use of special tools and instruments. The function of each piece of equipment, component, accessory and control shall be clearly and thoroughly explained. All necessary precautions for the operation of the equipment and the reason for each precaution shall be clearly set forth. Manuals must reference the exact model, style and size of the piece of equipment and system being furnished. Manuals referencing equipment similar to but of a different model, style, and size than that furnished will not be accepted.The O&M manuals shall include a brief description of all building systems including exterior and interior items that require maintenance including but not limited to coatings and finishes, doors, windows and hardware, flooring, roofing, drainage, irrigation and landscaping systems, HVAC systems, plumbing systems, fire protection systems, lighting systems, power systems, communications systems, and fire alarm systems. Information should include the manufacturer's name, model number, service manual, parts list and simplified wiring and control diagrams of the systems as installed. In addition, they shall list step-by-step procedures required for system startup, operation, shutdown, routine maintenance procedures, possible breakdowns and repairs, and a trouble-shooting ERNMENT REVIEWThe Government shall review the submitted data and documentation upon completion of all stated work. Missing or incomplete items shall be documented and forwarded to the Contractor for correction and completion. Upon receipt of a complete submittal, the Government shall conduct a quality review and notify the contractor within twenty-one (21) calendar days of acceptance (along with any stipulations this includes) or rejection of the deliverables described herein. Failure to adhere to any of the stated delivery specifications could result in rejection of deliverables and nonpayment. Any questions regarding data collection efforts, deliverable formats or specifications should be addressed through the Contracting Officer.INVOICING AND PAYMENTDuring the performance period of the MACC, it is anticipated that electronic invoicing will be required. The Government will make payment upon satisfactory completion and acceptance of work by the Contracting Officer. All invoices shall be reviewed by the Contracting Officer and the COR prior to submission into the VA Financial Service Center (FSC). This will help avoid disagreements with invoice content as it relates to progress. Payment will be made by the paying office specified in the task order award, and shall be in accordance with the following:FAR 52.232-5 – Payments under Fixed-Price Construction ContractsFAR 52.232-27 – Prompt Payment for Construction ContractsVAAR 852.236-82 – Payments under Fixed-Price Construction ContractsVAAR 852.232-72 – Electronic Submission of Payment RequestsProperly prepared invoices bearing the contract number and corresponding task order shall be submitted using one of the following methods:VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.? Use the following hyperlink to begin the invoice submission process: a system that conforms to the X12 Electronic Data Interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). For more information, see the X12 EDI Web site: Government reserves the right to modify, at no cost to the Government, any of the procedures outlined in this special contract requirement to accommodate electronic invoicing procedures.EVALUATION OF CONTRACTOR PERFORMANCEContractor performance shall be evaluated upon completion of each Task Order through the CPARS (Contractor Performance Assessment Reporting System), Past Performance Information Retrieval System (PPIRS), and/or Federal Awardee Performance and Integrity Information System (FAPIIS). Interim evaluations may be prepared at any time during contract performance when it is determined to be in the best interest of the Government. The evaluations will take into account all aspects of the contractor’s performance on all issued TOs. Contractors will be provided an opportunity to provide input into the evaluation. The performance evaluations may have an impact on the award of future TOs.REGULATIONSContractors shall comply with all applicable Federal, State, Local, and Department of Veterans Affairs regulations pertaining to safety, traffic control, infectious control, green environmental management, security, and fire prevention. Contractors may use the Engineering library, which contains most applicable Veterans Affairs’ publications as well as some commercial project data information, or Department of Veterans Affairs Acquisition Policy website, , which has links for several other sites with available publications, forms and project data information. These may also be acquired from the Government Printing Office website, Contractors, his employees, and subcontractors shall become familiar with and obey the regulations of the facilities, including fire, traffic, safety and security regulations while on the facility grounds. Those driving motor vehicles shall observe and obey all speed limits posted throughout the grounds. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times. Contractor equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic. COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTSContractors, their employees, and subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any State (or other public authority now or hereafter in force). Contractors shall agree to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract or rules, regulations, directions and order not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any Governmental body against any employee of the Contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract. TRANSPORTATION, HANDLING, AND STORAGEContractors shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor’s name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government will not provide storage other than that available at the project site and will not be responsible for receiving shipments. Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs, and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.CONTRACTOR SECURITYUpon contract award, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA Directive 0710 and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). ?This requirement also applies to all subcontractor personnel. ?If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA. Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement. They must provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re-investigation/screening.Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: TBD at Task Order LevelBackground Investigation/Screening – It is anticipated that the Contractor or contract personnel will be providing services at a VA facility(s) for MORE than 180 days under a single contract or series of contracts, or have access to VA computer data systems. The background investigation/screening commensurate with the requirements of this contract is: TBD at Task Order LevelCONTRACTOR RESPONSIBILITIESThe Contractor shall prescreen all personnel to ensure they are able to read, write, speak, and understand the English language. The Contractor shall submit or have their contract personnel submit all required forms to the Contracting Officer, through the COR or Personnel Security Specialist, within five (5) business days of contract award. PERSONNEL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNELIn accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted Identification Documentation List provided below. The COR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.PIV ID PROOFING CRITERIAThe following criteria must be met by all VA employees, contractors, and affiliates prior to being issued a PIV card or Temporary Identity Badge.Table of Accepted Identification (From Form I-9)Last Update: January 7, 2008Two forms of identification are required from the above list of acceptable documents. Either of the following is accepted: (1) Two forms of identification from the left column (Federal or State Government issued picture ID). (2) One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).The following rules apply for form identification:(1) Any form of identification used for ID proofing may not be expired (except U.S. Passport).(2) Department of Veterans Affairs site/facility badges are not accepted as a valid form of identification.(3) VA PIV Cards are federally issued ID cards and can be used as a valid form of identification.(4) Handwritten or photocopied documents are not accepted.(5) An ID issued before a legal name change (e.g. birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g. marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired (except U.S Passport). For example, a married woman may use both a certified copy of her birth certificate displaying her maiden name and a driver’s license displaying her married name as the 2 forms of ID compliant with PIV Guidelines, as long as she provides a marriage license displaying both her maiden name and married name.(6) The Applicant’s name listed on the VA PIV Registration Portal, Request for One-VA Identification Card, must match the name on one of the IDs presented by the Applicant.(7) The names on both forms of ID?presented for ID proofing must match exactly. If one form of ID has a middle name or initial, the other form of ID must have a matching middle name or initial.? One form can contain a middle name and the other can have a middle initial as long as the they match. ALL names must be accounted for on both forms of ID. Please see the acceptable and unacceptable ID proofing examples provided below.ACCEPTABLE NAME VARIATIONS?ID # 1 – John Henry Smith;?ID # 2 – John Henry Smith??ID # 1 – John H. Smith;?ID # 2 – John H. Smith??ID # 1 – John Henry Smith;?ID # 2 – John H. Smith???UNACCEPTABLE NAME VARIATIONS?ID # 1 – John Henry Smith;?ID # 2 – John Smith??ID # 1 – John H. Smith;?ID # 2 – John SmithACCESS TO AND SAFEGUARD OF VA INFORMATION/COMPUTER SYSTEMSVA may provide contract personnel with access to VISTA and general files maintained on VA computer systems. Sharing of these access codes or misuse of VA information/computer systems is a Federal crime. When contract personnel no longer provides services to VA, the Contractor shall immediately inform the COR to deactivated their access. The COR is responsible for puter access will require VA Cyber Security Awareness Training annually and acknowledge all agreements prior to access. The COR is responsible for ensuring and documenting this requirement. Contract personnel with Computer access will take necessary precautions to safeguard information and prevent disclosures. If contract personnel suspect a compromised they will report such knowledge to the COR that same day. Remotely access will require prior approval from Information Security Officer (ISO).The Contractor shall make its internal policies and practices regarding the safeguarding medical electronic information available to VA. Contractors are not authorized to employ a lesser requirement then what is established by this document. Any changes in the VA directives during the term of this contract, shall be deemed to be incorporated into this contract.SECURITY REQUIREMENTS (GENERAL)All personnel employed by the contractor in the performance of task orders issued under this contract, or any representative of the contractor shall abide by all security instructions and directives of the Department of Veterans Affairs. Employees are responsible for safeguarding all government property provided for contractor use.At the close for each work period, government facilities, equipment and materials shall be secured, lights, and all doors and window secured.The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the station/campus and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified during background checks.Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Employees and subcontractors later found to be undocumented or illegal aliens will be remanded to the proper authorities.The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this clause. Furthermore, nothing in this clause shall excuse the contractor from proceeding with the contract as required.All contractors and subcontractors when working in a Controlled, Restricted or other sensitive areas must be escorted at all times. The military agency or unit responsible for the project or work is responsible for providing the escorts. The Contractor shall follow existing procedures and instructions for obtaining entrance to restricted or controlled areas.Contractor Badge Policies: All requests for contractor ID badges will be submitted through the station Police/Security office.All contactor employees who’ll be granted unescorted access to the station/campus are required to consent to a Background Investigation (BI) prior to being granted access to the station/campus. Continued employment is contingent upon successful completion and favorable reporting of the criminal background check.Contractor badges will be issued for a maximum period of one year. Prior to reissuing new badges, all old badges must be returned to the station Security/Police. Also before a new badge will be issued, VA Security/Police must give approval again. In the event a badge is lost or stolen, the badge holder must report the Loss/Theft of Identification to his/her supervisor. The supervisor of the contractor will investigate the loss and report in writing the circumstances in which the badge was lost and submit a new request for a new ID badge.Station/campus Access: The contractor shall obtain personal contractor identification badge for all employees for the duration of the contract. Employees are only permitted to enter the station/campus during the date and time periods indicted on their contractor ID badge.Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the station/campus. All vehicles entering the station/campus or sensitive areas are subject to search. Any refusal or non-consent by an employee will result in termination of their access and immediate confiscation of their ID badge.KEYSThe Contractor shall be responsible for any Government-owned keys that have been issued to the contractor for access to facilities or areas pertinent to this contract.Upon completion of the work in an area, or upon request of the Contracting Officer, the key or keys relevant to the area shall be returned immediately. Keys shall be returned prior to final task order payments.Should the Contractor Lose a Key: The Contractor shall notify the Contracting Officer, immediately and in writing, but not later than one (1) working day after he is aware of the loss. Should the key not be found before final acceptance, the final contract payment shall be reduced by the replacement cost for each key not returned and, if required by the Contracting Officer, any re-keying costs and cost of any other damages suffered by the Government.CONTRACTOR POINT OF CONTACTPrior to commencing on-site construction, the contractor shall provide the Contracting Officer with a telephone number at which the contractor or his/her representatives may be contacted at any time during regular working hours. An emergency number at which the contractor may be contacted in situations requiring immediate attention must be made available to the Contracting Officer or their delegated representative.ELECTRONIC COMMUNICATION / DOCUMENTATIONIt is the intent of the Government to utilize electronic documentation and e-mail as much as practical for all communication, reports, and records in the design and construction of projects. The Contractor shall provide all required submissions in an applicable, if not already designed format by the contract or specifications. WORKMANSHIPAll work under this contract shall be performed in a skillful and workmanlike manner. The Contractor shall employ and utilize only experienced (or certified apprentices), responsible, and capable persons in the performance of work under this contract. QUALITY CONTROL AND TESTINGThe Contractor shall provide and maintain a Quality Control (QC) Program, as required by Contract FAR Clause 52.246-12, Inspection of Construction, which will ensure that all supplies and services provided conform to contract requirements, whether constructed or processed by the Contractor, or procured from subcontractors or vendors. Quality control testing is the responsibility of the Contractor, and shall be performed by an independent commercial testing laboratory. The type and amount of testing is stated in the applicable specifications; the cost of the testing shall be incorporated in the bid price for each applicable line item.Wherever testing or analysis of material is required, such testing unless otherwise noted will be made at the Contractor’s expense. Tests shall be made in accordance with the specified testing procedures and/or methods to provide compliance with all contract requirements. Tests shall be made by an independent testing laboratory approved by the Contracting Officer. Where work is specified to be in conformity with Standard Specifications of the American Society for Testing Materials (ASTM) or with Federal specifications or with specifications of well-known recognized technical and trade organizations, but no tests are specifically stipulated in connection herewith, the Contractor shall furnish and pay for any tests or certifications required to show that the proposed materials meet the applicable requirements. Subsequent testing of those materials that fail to meet specifications will be accomplished by the Contractor at no cost to the Government. Samples used for testing shall be selected as specified for the various tests in the specifications. If the selection method is not specified, the location for selection shall be as approved by the Contracting Officer. SUPERINTENDENCEThe General Contractor’s “competent person” (see 29 CFR 1926.20(b)(2)) shall have completed the 30-hour OSHA certified construction safety course and will maintain a presence at the work site whenever the general or subcontractors are present. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. There shall be no exceptions to this requirement. Failure to present the proper training documentation upon the contracting officer's request will result in the individual being removed from the job; the individual may only return after proper documentation has been provided. There shall be no exceptions to this requirement.It is the responsibility of the Contractor to provide TB (tuberculosis) training annually and a PPD (purified protein derivative) test annually for any employees providing services at the VA Medical Center where work is to be performed. The government reserves the right to review the contractor's records. Failure to present the proper training documentation upon the contracting officer's request will result in the individual being removed from the job; the individual may only return after proper documentation has been provided. There shall be no exceptions to this requirement.TRAININGAll employees of the general contractor and subcontractors shall have the 10-hour OSHA (worker) and 30-hour OSHA (supervisor) certified construction safety course. Written documentation is to be provided for each employee of the general contractor and subcontractors that indicates that the employee has the competency and safety training relevant to the work that they will be performing.REMOVAL OF PERSONNELAll employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship. Only authorized Contractor personnel shall be admitted to the worksite at all times. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.The Contracting Officer may require the Contractor to remove from the job those employees who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of Veterans Affairs security. Contractor personnel may also be removed for actions deemed as objectionable by the contracting officer. COORDINATING AND SCHEDULINGAt all times, the Contractor shall keep the Government informed of when and what work will be accomplished. All work schedules will be coordinated with the Contracting Officer and COR. All work shall be accomplished in such a manner with upmost regard to VA ongoing missions and cause minimum disruption to those missions.PARKINGParking of contractor vehicles shall be restricted to the contractor’s designed on-site area, work area, or other designated location, if available. Limited parking is available on site. The company name shall be prominently displayed on all construction vehicles parked on the job site. Contractor/subcontractor employees are not authorized to use VA employee parking without written authorization from the COR.DAILY LOGSThe contractor shall maintain, and provide to the COR a DAILY LOG – Formal Contract and DAILY LOG – Safety/ILSM Checklist daily. Weekly payrolls for all construction personnel (including the general contractor and all subcontractors) performing work at the construction site will be provided to the Contracting Officer weekly. Once a contractor entity starts work at the VA jobsite, payrolls will need to be submitted for that entity weekly until work for that entity is complete, even if no work is performed.PROGRESS MEETINGSDuring the period of construction, weekly progress meetings shall be scheduled and conducted by the Contractor to review task order progress and any other pertinent issues.? At least 24 hours before the scheduled weekly meeting, the contractor shall provide an agenda, a fully documented three-week look ahead schedule explaining the planned work with definable features, an open RFI / submittal log,?a material schedule with specification (when applicable), and any safety plans (as required).? Upon completion of the meeting, the contractor shall submit meeting minutes within two business days. Formal monthly progress reports shall be submitted to document construction progress and any other issues that may arise.? TEMPORARY FIELD OFFICESWhen required by the task order RFP, and as soon as practicable after award and through final completion of the work, Contractors shall provide, maintain, and later remove suitable temporary offices for contractor's own use. All field offices shall be painted on the exterior, maintained in good repair, provided with adequate heating, lighting and maintained in a clean and sanitary condition at all times.DEFAULT TECHNICAL SPECIFICATIONSVA Master Specifications shall be used as the default specification when no specifications are issued. The intent of default specifications is to furnish concise industrial and/or commercial standards for construction of Government facilities. Task orders will be accompanied by a Statement of Work (SOW) along with the pertinent technical specifications. If the Statement of Work does not address a specification for an element of the work, the default specification shall apply for the element of work. These can be found at CODES & STANDARDS All design and construction must be in compliance with the most recent versions of the following:International Building Code (IBC)ACC Architectural and Interior Design StandardsAmerican Society of Testing and Materials (ASTM) StandardsAmerican National Standards Institute (ANSI) StandardsNational Fire Protection Code (NFPA), with particular attention paid to:NFPA 13, Standard for the Installation of Sprinkler SystemsNFPA 70, National Electric Code (NEC)NFPA 72, National Fire Alarm and Signaling CodeNFPA 99, Health Care Facilities CodeNFPA 101, Life Safety CodeVA Office of Construction & Facility Management (CFM)Public Laws (P.L.)Executive Orders (E.O.)Code of Federal Regulations (CFR)VA Technical Information Library (TIL) Design Manuals, Design Guidelines, and Specifications VA Fire Protection Design ManualVA Seismic Design Requirements H-18-8 VA Physical Security Design ManualVA Sustainable Design ManualGuiding Principles for Sustainable Federal BuildingsThe Resources Conservation and Recovery Act (RCRA) of 1976Executive Order regarding Efficient Federal OperationsU.S. Environmental Protection Agency Comprehensive Procurement Guideline (CPG)State and local laws, rules, regulations, ordinances, standards, codes or other higher authority documents as applicable Any discrepancies between code or standards provisions and the contract documents shall immediately be brought to the Contracting Officer’s attention, and the more stringent requirements shall apply unless otherwise directed. Contractor shall comply with and implement all applicable design goals, technical constraints, considerations, and policies stated in the VA TIL unless an alternate approach is stated in project scope of work or approved by Contracting Officer. Contractors shall be responsible for obtaining any copies of all items referenced in this paragraph. The most current version of the VA specifications and design guides can be found at CONTROL RISK ASSESMENT (ICRA)Each phase of the task order must be evaluated and assessed to determine what precautions are necessary to prevent contamination of surrounding areas of the construction site and documented in an Infection Control Construction Permit. The precautions are to be continued and documented to manage the acceptable level of risk to the facility, and a safe environment is maintained throughout construction of and/or alteration to buildings and/or grounds. For each project, effective infection control precautions will be implemented and continually assessed for appropriateness based on the hazards present.INSPECTIONSInspections are for the sole benefit of the Government and shall not relieve the Contractor of the responsibility of providing quality control measures to ensure that the work strictly complies with the contract requirements. No inspection or test by the Government shall be construed as constituting or implying acceptance.CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)The contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility EMS applicable for the contract. The contractor shall perform work in a manner that conforms to all appropriate environmental management programs and operational controls identified by the agency, organization, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event environmental non-conformance or non-compliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of non-compliance, the contractor shall respond and take corrective action immediately. In the case of a non-conformance, the contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator. In addition, the contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.All on-site contractor personnel shall complete yearly Environmental Protection Agency (EPA)-sponsored environmental training specified for the type of work conducted on-site. Upon contract award, the Contracting Officer's Representative (COR) will notify the facility-level EMS Coordinator to arrange EMS training for appropriate staff.SPILLSShould any hazardous substance or oil spills occur on this project, in addition to containing and removing such spill, the Contractor shall:During normal working hours, immediately report all spills in quantities of five (5) gallons or more to the facility’s safety office.Forward a written, completed spill report to the Contracting Officer Representative within three (3) working days after the occurrence.All contaminated material shall be removed, transported and disposed of in accordance with all applicable laws, regulations and policies.? The contractor shall also submit a copy of all permits and disposal certificates to the Contracting Officer Representative as a submittal item for review. All costs incurred for the disposal of contaminated soils, as a result of Contractor negligence or error will be the Contractor’s responsibility.WASTE MANAGEMENTWaste Management Plan. Prior to any waste removal, the contractor shall submit their Waste Management Plan to the medical center. The plan shall contain the following:Analysis of the estimated job site waste to be generated including types and quantities.Proposed alternatives to land filling. The contractor shall prepare a list of each material proposed to be salvaged, re-used, or recycled during the course of the project.Methods handling of materials to be recycled.On-site: Materials separation.Materials storage.Materials protection where applicable.Off site: Provide name of mixed debris recycling facility; include list of materials to be recycled.Procedures. A description of the means to be employed in recycling the above materials consistent with requirements for acceptance by designated facilities. Landfill Options. The name of the landfill(s) where trash will be disposed of.Meetings. The contractor shall conduct Construction Waste Management meetings. Meetings shall include the sub-contractor, the Project Manager, and representatives as designated by the Chief Engineer. At a minimum, waste management goals and issues shall be discussed at pre-bid meetings, pre-construction meetings, and regular job-site meetings.Transportation. A description of the means of transportation of the recyclable materials (whether materials will be site-separated and self-hauled to designated centers, or whether mixed materials will be collected by a waste hauler and removed from the site) and destination of materials.Waste Management Plan Implementation.Manager. The sub-contractor shall designate an on-site party (or parties) responsible for instructing workers and subcontractors and overseeing and documenting results of the Waste Management Plan for the project.Distribution. The Subcontractor shall distribute copies of the Waste Management Plan to the Medical Center Chief Engineer.Instruction. The Subcontractor shall provide on-site instruction of appropriate separation, handling, recycling, salvage, reuse, and return methods to be used by all parties at appropriate stages of the project.Separation Facilities. The Subcontractor shall lay out and label a specific area to facilitate separation of materials for reuse, salvage, recycling, and return. Recycling and waste bin areas are to be kept neat and clean and clearly marked in order to avoid contamination or mixing of materials.Hazardous Wastes. Hazardous wastes shall be separated, stored, and disposed of according to federal, state, and local regulations.Reports.The contractor shall submit a Waste Management Progress Report monthly, quarterly, and at the end of the job. The report shall contain the amount (in tons or cubic yards) of material landfilled from the project, the identity of the landfill, the total amount of tipping fees paid at the landfill, and the total disposal cost. Include legible copies of manifests, weight tickets, receipts, and invoices. Manifests shall be from recycle and/or disposal site operators that can legally accept the materials for the purpose of reuse, recycling, or disposal.For each material recycled, reused, or salvaged from the project, provide the following: Amount (in tons or cubic yards).Date removed from the job site.Receiving party.Transportation cost.Amount of any money paid or received for the recycled or salvaged material. Net total cost or savings of salvage or recycling each material. Attach manifests, weight tickets, receipts, and/or invoices. Indicate the project information, including project title, name of company completing form, and beginning and ending dates of period covered by summary form.SOLID WASTEContractor provided dumpsters may be used for non-hazardous waste only. Solid waste is defined in 40 CFR section 261.2. For items excepted from the definition of solid waste, refer to 40 CFR section 261.4(a). Hazardous waste is defined in 40 CFR section 261.3. For wastes excluded from the hazardous waste regulation, refer to 40 CFR section 261.4(b). Contact GEMS for assistance in classifying any questionable waste material. The contractor shall advance waste prevention and pollution prevention by diverting at least 50 percent of non-hazardous construction and demolition materials and debris. Any remaining solid non-hazardous waste shall be sent to a landfill that accepts construction waste. A written report that lists the types and weights of recyclable wastes and trash shall be provided to the project COR at least monthly. A summary report will be provided at the end of the project.GREEN PURCHASINGThe Contractor shall utilize products and material made from biobased materials (e.g., insulating foam, composite panels, and concrete and asphalt release fluids) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). The following is an example list of products and minimum biobased content that may be used in this contract for minor construction for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications. Construction/ Renovation Product Category Minimum Biobased Content Blast Media 94% Carpets 7% Composite Panels Acoustical 37% Countertops 89% Interior Panels 55% Plastic Lumber 23% Structural Interior Panels 89% Structural Wall Panels 94% Dust Suppressants 85% Floor Coverings (non-carpet) 91% Floor Strippers 78% Interior Paints and Coatings Latex and Waterborne Alkyd 20% Oil-based and Solvent Borne Alkyd 67% Paint Removers 41% Plastic Insulating Foam for Residential and Commercial Construction 7% Roof Coatings 20% Sorbents 89% Wood and Concrete Sealers Membrane Concrete Sealers 11% Penetrating Liquids 79% Wood and Concrete Stains 39% Groundskeeping/ Road & Parking Lots Product Category Minimum Biobased Content Agricultural Spray Adjuvants 50% Animal Repellents 79% Asphalt Restorers 68% Compost Activators & Accelerators 95% Concrete and Asphalt Cleaners 70% Concrete and Asphalt Release Fluids 87% Dethatchers 87% Dust Suppressants 85% Erosion Control Materials 77% Fertilizers 71% General Purpose De-Icers 93% Mulch and Compost Materials 95% Microbial Cleaning Products- Wastewater Maintenance Products 44% Water Clarifying Agents 92% Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at . The Contractor should provide data for their biobased products such as biobased content and source of biobased material (i.e. particular crop or livestock). In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products for minor construction such as: paints, paint removers, corrosion preventatives, and blast media.The Contractor shall submit upon award of a task order a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the awardee on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.Within thirty (30) days of contract award, the Contractor shall submit a Green Purchasing Plan (“Plan”). This submittal shall be approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.Added at Task Order Level to the Plan: Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category. Added at Task Order Level to the Plan: The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.POLLUTION ABATEMENTAll work shall be performed in a manner minimizing pollution of air, water and land as required.Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne.? Earth materials shall be wetted or otherwise protected.? Gravel, sand and concrete shall be contained within vehicles to prevent spillage.? Tarpaulins must be fastened over load before entering surrounding streets.? Removal of any materials dropped or blown off vehicles shall be the responsibility of the Contractor.Burning of any material is strictly prohibited.Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials.? Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas.Flushing on concrete trucks is restricted to the location specifically pre-approved for this purpose by the COR.Excess mortar, plaster or drywall materials shall not be disposed of on Government property.? Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted.PROTECTION OF WATER RESOURCESThe Contractor shall not pollute ground water, streams, lakes or reservoirs with fuels, oils, bitumen’s, calcium chloride, painting materials, acids or other harmful materials. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, state, County and Municipal laws concerning pollution of ground water, rivers and streams. All work under this contract shall be performed in such a manner that objectionable conditions will not be created in the project.ASBESTOSIt is the VA’s responsibility to disclose to the contractor any known or suspected building materials that contain asbestos or lead above regulatory limits. The contractor may request for a determination at any time. The CO may require that the contractor prepare an abatement and disposal plan that meets all regulatory requirements. Any building or finishing materials containing asbestos or lead may NOT be brought onto any VA site.Prior to the commencement of any project demolition or renovation operation, Contractor shall thoroughly inspect the affected facility or part of the facility (regardless of the date of construction) where the demolition or renovation operation will occur, for the presence of asbestos and LBP.? A state-licensed Asbestos Abatement Consultant and a certified lead inspector shall conduct both inspections.? Contractor shall submit the inspection report including sample assessment results to the Contracting Officer and CORCONSTRUCTION GENERAL PERMITThe Contractor shall be responsible for determining whether a National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) is required and if required, obtaining the CGP. The contractor will ensure that all Best Management Practices (BMPs) that are specified are maintained at all times. The contractor will also be responsible for having weekly and other required inspections performed by State and/or Federal certified personnel. All corrective actions that are noted by the inspector shall be promptly mitigated. Copies of all inspection reports, annual reports and rain event plans shall be provided to GEMS.Concrete mixing and pouring equipment shall only be flushed into a containment that prevents the waste concrete and rinsate from contacting the ground. It shall be contained and taken to the proper site for disposal.Portable restrooms shall be secured to prevent them from being tipped over and spilling.Any discharges into any regulated water way is strictly prohibited.ENVIRONMENTAL FEES AND FINESThe contractor shall be responsible for all fees. The contractor shall also be responsible to pay all fines assessed to their company and to the VA when it is determined that their actions or inactions were the cause of the violation.RECORDS MANAGEMENTCitations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. 00300 REPRESENTATIONS AND CERTIFICATIONS3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220. (2) The small business size standard is $36.5 Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that— (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. (vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.) (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies. (D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [X](i) 52.204-17, Ownership or Control of Offeror. [X](ii) 52.204-20, Predecessor of Offeror. [](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. [](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification. [](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification. [](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). [](vii) 52.227-6, Royalty Information. [](A) Basic. [](B) Alternate I. [](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.FAR Clause #TitleDateChange Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.(End of Provision)FAR NumberTitleDate52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 20163.2 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) (a) Definitions. As used in this provision— Commercial and Government Entity (CAGE) code means— (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. (b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. (c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:Immediate owner CAGE code:________________________________________________________________Immediate owner legal name: ________________________________________(Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?: [ ] Yes or [ ] No. (d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code:________________________________________________________________Highest-level owner legal name:________________________________________________________________(Do not use a “doing business as” name)(End of Provision)3.3 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that— (i) The Offeror and/or any of its Principals— (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation); (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and (D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.(End of Provision)3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)3.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) (a) Definitions. As used in this provision— Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program. Service-disabled veteran-owned small business concern— (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; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (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). Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Veteran-owned small business concern means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned small business concern means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) The North American Industry Classification System (NAICS) code for this acquisition is–236220. (2) The small business size standard is $36.5 Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (c) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern. (4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that— (i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall— (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act.(End of Provision)3.6 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016) By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.(End of Provision)3.7 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.(End of Provision)3.8 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008) As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.(End of Provision)3.9 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION (AUG 2009) (a) Definitions. As used in this provision— "Business operations" means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. "Marginalized populations of Sudan" means— (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. (b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.(End of Provision)3.10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (OCT 2015) (a) Definitions. As used in this provision— "Person"— (1) Means— (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive technology"— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703–4, by submission of its offer, the offeror— (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if— (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.(End of Provision)3.11 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.(End of Clause)00400 NEGOTIATED CONTRACT CLAUSES4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) (a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.(End of Clause)FAR NumberTitleDate52.209-9UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERSJUL 20134.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018) (a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101. (b) Certification. [Offeror shall check either (1) or (2).] (1) The Offeror certifies that— (i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at (ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at ; or (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision. (c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report. (1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries. (2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation: (i) An inability to certify compliance. (ii) An inability to conclude compliance. (iii) A statement about compliance concerns. (3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns. (4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days. (d) Do not submit an offer unless— (1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or (2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has— (i) Waived application under U.S.C. 2593e(d) or (e); or (ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b). (e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.(End of Provision)4.3 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988) The specifications cited in this solicitation may be obtained from: Activity: VA Technical Information Library Complete Address: Telephone Number: Person to be Contacted: Time(s) for Viewing: The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.(End of Provision)4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed*, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 [to be completed in each task order]. The time stated for completion shall include final cleanup of the premises.*A "Notice to Proceed" is deemed to be given by the Government to the Contractor [to be completed in each taskorder] calendar days after the contract award date. No formal written notice will be issued by the Government.Within [to be completed in each task order] calendar days following the contract award date, the Contractor isobligated to submit performance and payment bonds in a form acceptable to the Government. The Governmentshall notify the Contractor of the acceptability of the performance and payment bonds within 5 working days ofreceipt of these documents. If these documents are not submitted in their proper form acceptable to the Government within [to be completed in each task order] calendar days of contract award, any delays resulting thereby will be at the sole expense of the Contractor. The contract completion date will not be extended due to the Government's review of the acceptability of the Contractor's bonds, except where the Government's review of said documents extends beyond 5 working days.(End of Clause)4.5 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (INCLUDES TABLE FOR SEPARATE PARTS OR STAGES) (SEPT 2000) (a) If the Contractor fails to complete each separate part or stage of the work within the time specified in the contract for that part or stage, or any extension, the Contractor shall pay to the Government as liquidated damages the following amounts:PART OR STAGE OF THE WORKLIQUIDATED DAMAGES FOR EACH DAY OF DELAYFILL IN TO BE PROVIDED WITH TASK ORDERS(IF APPLICABLE) (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.(End of Clause)4.6 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984) If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.(End of Clause)4.7 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from award date through effective term of the contract. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)4.8 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor—GROUP 1: (1) Any order for a single item in excess of the SAT; (2) Any order for a combination of items in excess of SAT; or (3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.GROUP 2: (1) Any order for a single item in excess of $10,000,000.00; (2) Any order for a combination of items in excess of $10,000,000.00; or (3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)4.9 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completeion of all task orders..(End of Clause)4.10 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [to be completed in applicable task orders]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.(End of Clause)4.11 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 30 days.(End of Clause)4.12 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 five years.(End of Clause)4.13 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number TBD.[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.14 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.This Statement is for Information Only:It is not a Wage DeterminationEmployee ClassMonetary Wage—Fringe Benefits(End of Clause)4.15 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.(End of Provision)4.16 52.244-2 SUBCONTRACTS (OCT 2010) (a) Definitions. As used in this clause— "Approved purchasing system" means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). "Consent to subcontract" means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. "Subcontract" means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that— (1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or (2) Is fixed-price and exceeds— (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: TBD at task order level. (e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: (i) A description of the supplies or services to be subcontracted. (ii) Identification of the type of subcontract to be used. (iii) Identification of the proposed subcontractor. (iv) The proposed subcontract price. (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions. (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting— (A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason certified cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause. (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination— (1) Of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract; or (3) To relieve the Contractor of any responsibility for performing this contract. (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i). (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. (i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3. (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: TBD at task order level. (End of Clause)4.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.202-1DEFINITIONSNOV 201352.203-3GRATUITIESAPR 198452.203-5COVENANT AGAINST CONTINGENT FEESMAY 201452.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENTSEP 200652.203-7ANTI-KICKBACK PROCEDURESMAY 201452.203-8CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-10PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITYMAY 201452.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONSOCT 201052.203-13CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCTOCT 201552.203-14DISPLAY OF HOTLINE POSTER(S)OCT 201552.203-16PREVENTING PERSONAL CONFLICTS OF INTERESTDEC 201152.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.203-19PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTSJAN 201752.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSOCT 201652.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCEOCT 201652.204-15SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTSOCT 201652.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201652.208-9CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICESMAY 201452.209-6PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENTOCT 201552.209-10PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONSNOV 201552.210-1MARKET RESEARCHAPR 201152.211-6BRAND NAME OR EQUALAUG 199952.211-13TIME EXTENSIONSSEP 200052.214-34SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGEAPR 199152.214-35SUBMISSION OF OFFERS IN U.S. CURRENCYAPR 199152.215-2AUDIT AND RECORDS—NEGOTIATIONOCT 201052.215-10PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATAAUG 201152.215-12SUBCONTRACTOR CERTIFIED COST OR PRICING DATAOCT 201052.215-15PENSION ADJUSTMENTS AND ASSET REVERSIONSOCT 201052.215-16FACILITIES CAPITAL COST OF MONEYJUN 200352.215-17WAIVER OF FACILITIES CAPITAL COST OF MONEYOCT 199752.215-18REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB)JUL 200552.215-19NOTIFICATION OF OWNERSHIP CHANGESOCT 199752.215-20REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATAOCT 201052.215-20REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA ALTERNATE III (OCT 1997)OCT 201052.215-21REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONSOCT 201052.215-21REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS ALTERNATE III (OCT 1997)OCT 201052.219-8UTILIZATION OF SMALL BUSINESS CONCERNSNOV 201652.222-3CONVICT LABORJUN 200352.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATIONMAY 201852.222-6CONSTRUCTION WAGE RATE REQUIREMENTSMAY 201452.222-7WITHHOLDING OF FUNDSMAY 201452.222-8PAYROLLS AND BASIC RECORDSMAY 201452.222-9APPRENTICES AND TRAINEESJUL 200552.222-10COMPLIANCE WITH COPELAND ACT REQUIREMENTSFEB 198852.222-11SUBCONTRACTS (LABOR STANDARDS)MAY 201452.222-12CONTRACT TERMINATION—DEBARMENTMAY 201452.222-13COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONSMAY 201452.222-14DISPUTES CONCERNING LABOR STANDARDSFEB 198852.222-15CERTIFICATION OF ELIGIBILITYMAY 201452.222-21PROHIBITION OF SEGREGATED FACILITIESAPR 201552.222-26EQUAL OPPORTUNITYSEP 201652.222-27AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTIONAPR 201552.222-35EQUAL OPPORTUNITY FOR VETERANSOCT 201552.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESJUL 201452.222-37EMPLOYMENT REPORTS ON VETERANSFEB 201652.222-40NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACTDEC 201052.222-50COMBATING TRAFFICKING IN PERSONSMAR 201552.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONOCT 201552.222-55MINIMUM WAGES UNDER EXECUTIVE ORDER 13658DEC 201552.222-62PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706JAN 201752.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSSEP 201352.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATAJAN 199752.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATIONMAY 201152.223-6DRUG-FREE WORKPLACEMAY 20014.18 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) (a) Definitions. As used in this clause— "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material." "Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor, on completion of this contract, shall— (1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and (2) Submit this estimate to the COR and Contracting Officer.(End of Clause)FAR NumberTitleDate52.223-15ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTSDEC 200752.223-17AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTSMAY 200852.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVINGAUG 201152.223-19COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMSMAY 201152.224-3PRIVACY TRAINING ALTERNATE I (JAN 2017)JAN 20174.19 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Component" means any article, material, or supply incorporated directly into construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Domestic construction material" means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:TBD at task order if applicable. (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including— (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISONConstruction Material DescriptionUnit of MeasureQuantityPrice (Dollars)*Item 1:Foreign Construction MaterialDomestic Construction MaterialItem 2:Foreign Construction MaterialDomestic Construction Material[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.][Include other applicable supporting information.][*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).](End of Clause)4.20 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)4.21 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) (a) Definitions. As used in this clause— "Caribbean Basin country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. "Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Component" means an article, material, or supply incorporated directly into a construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means— (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Designated country" means any of the following countries: (1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom); (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). "Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material. "Domestic construction material" means— (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "Free Trade Agreement country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed. "Least developed country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. "United States" means the 50 States, the District of Columbia, and outlying areas. "WTO GPA country construction material" means a construction material that— (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:TBD at task order if applicable. (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that— (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American statute. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including— (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:Foreign and Domestic Construction Materials Price ComparisonConstruction Material DescriptionUnit of MeasureQuantityPrice (Dollars)*Item 1:Foreign Construction MaterialDomestic Construction MaterialItem 2:Foreign Construction MaterialDomestic Construction Material[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).](End of Clause)4.22 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11). (b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested— (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations.(End of Provision)FAR NumberTitleDate52.225-13RESTRICTIONS ON CERTAIN FOREIGN PURCHASESJUN 200852.227-1AUTHORIZATION AND CONSENTDEC 200752.227-2NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENTDEC 200752.227-4PATENT INDEMNITY—CONSTRUCTION CONTRACTSDEC 20074.23 52.228-1 BID GUARANTEE (SEP 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds— (1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.(End of Provision)FAR NumberTitleDate52.228-2ADDITIONAL BOND SECURITYOCT 199752.228-5INSURANCE—WORK ON A GOVERNMENT INSTALLATIONJAN 19974.24 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)FAR NumberTitleDate52.228-11PLEDGES OF ASSETSJAN 201252.228-12PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDSMAY 201452.228-13ALTERNATIVE PAYMENT PROTECTIONSJUL 200052.228-14IRREVOCABLE LETTER OF CREDITNOV 201452.228-15PERFORMANCE AND PAYMENT BONDS—CONSTRUCTIONOCT 201052.229-3FEDERAL, STATE, AND LOCAL TAXESFEB 201352.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSMAY 201452.232-17INTERESTMAY 201452.232-23ASSIGNMENT OF CLAIMSMAY 201452.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSJAN 201752.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENTJUL 201352.232-39UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONSJUN 201352.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 201352.233-1DISPUTES ALTERNATE I (DEC 1991)MAY 201452.233-3PROTEST AFTER AWARDAUG 199652.233-4APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMOCT 200452.236-2DIFFERING SITE CONDITIONSAPR 198452.236-3SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORKAPR 198452.236-4PHYSICAL DATAAPR 198452.236-5MATERIAL AND WORKMANSHIPAPR 198452.236-6SUPERINTENDENCE BY THE CONTRACTORAPR 198452.236-7PERMITS AND RESPONSIBILITIESNOV 199152.236-8OTHER CONTRACTSAPR 198452.236-9PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTSAPR 198452.236-10OPERATIONS AND STORAGE AREASAPR 198452.236-11USE AND POSSESSION PRIOR TO COMPLETIONAPR 198452.236-12CLEANING UPAPR 198452.236-13ACCIDENT PREVENTIONNOV 199152.236-13ACCIDENT PREVENTION ALTERNATE I (APR 1984)NOV 199152.236-14AVAILABILITY AND USE OF UTILITY SERVICESAPR 1984$52.236-15SCHEDULES FOR CONSTRUCTION CONTRACTSAPR 198452.236-16QUANTITY SURVEYSAPR 198452.236-17LAYOUT OF WORKAPR 198452.236-21SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTIONFEB 199752.236-23RESPONSIBILITY OF THE ARCHITECT-ENGINEER CONTRACTORAPR 198452.236-25REQUIREMENTS FOR REGISTRATION OF DESIGNERSJUN 200352.236-26PRECONSTRUCTION CONFERENCEFEB 199552.242-13BANKRUPTCYJUL 199552.242-14SUSPENSION OF WORKAPR 198452.243-4CHANGESJUN 200752.243-5CHANGES AND CHANGED CONDITIONSAPR 198452.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSNOV 201752.245-1GOVERNMENT PROPERTYJAN 201752.245-2GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICESAPR 201252.245-9USE AND CHARGESAPR 201252.246-12INSPECTION OF CONSTRUCTIONAUG 199652.246-13INSPECTION—DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTSAUG 199652.246-21WARRANTY OF CONSTRUCTIONMAR 199452.248-3VALUE ENGINEERING—CONSTRUCTIONOCT 201552.249-1TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) ALTERNATE I (APR 1984)APR 198452.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)APR 201252.249-3TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS)APR 201252.249-10DEFAULT (FIXED-PRICE CONSTRUCTION)APR 198452.249-10DEFAULT (FIXED-PRICE CONSTRUCTION) ALTERNATE I (APR 1984)APR 19844.25 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any VAAR (48 CFR Chapter FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause)FAR NumberTitleDate52.253-1COMPUTER GENERATED FORMSJAN 19914.26 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)4.27 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) (Note: as used in this clause, the term "brand name" includes identification of products by make and model.) (a) If items called for by this invitation for bids have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation. (b) Unless the bidder clearly indicates in the bid that the bidder is offering an "equal" product, the bid shall be considered as offering a brand name product referenced in the invitation for bids. (c)(1) If the bidder proposes to furnish an "equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to: (i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and (ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity. (2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall: (i) Include in his/her bid a clear description of such proposed modifications, and (ii) Clearly mark any descriptive material to show the proposed modifications. (3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered. The clause entitled "Brand name or equal" applies only to the following line items:TBD at task order level if applicable.(End of Clause)4.28 VAAR 852.211-74 LIQUIDATED DAMAGES (JAN 2008) If any unit of the work contracted for is accepted in advance of the whole, the rate of liquidated damages assessed will be in the ratio that the value of the unaccepted work bears to the total amount of the contract. If a separate price for unaccepted work has not been stated in the contractor's bid, determination of the value thereof will be made from schedules of costs furnished by the contractor and approved by the contracting officer, as specified elsewhere in the contract.(End of Clause)4.29 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.(End of Clause)4.30 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.(End of Clause)4.31 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)4.32 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) The clause entitled "Specifications and Drawings for Construction" in FAR 52.236-21 is supplemented as follows: (a) The contracting officer's interpretation of the drawings and specifications will be final, subject to the disputes clause. (b) Large scale drawings supersede small scale drawings. (c) Dimensions govern in all cases. Scaling of drawings may be done only for general location and general size of items. (d) Dimensions shown of existing work and all dimensions required for work that is to connect with existing work shall be verified by the contractor by actual measurement of the existing work. Any work at variance with that specified or shown in the drawings shall not be performed by the contractor until approved in writing by the contracting officer.(End of Clause)4.33 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) The clause entitled "Inspection of Construction" in FAR 52.246-12 is supplemented as follows: (a) Inspection of materials and articles furnished under this contract will be made at the site by the resident engineer, unless otherwise provided for in the specifications. (b) Final inspection will not be made until the contract work is ready for beneficial use or occupancy. The contractor shall notify the contracting officer, through the resident engineer, fifteen (15) days prior to the date on which the work will be ready for final inspection.(End of Clause)4.34 VAAR 852.236-76 CORRESPONDENCE (APR 1984) All correspondence relative to this contract shall bear Specification Number, Project Number, Department of Veterans Affairs Contract Number, title of project and name of facility.(End of Clause)4.35 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) Any materials, equipment, or workmanship specified by references to number, symbol, or title of any specific Federal, Industry or Government Agency Standard Specification shall comply with all applicable provisions of such standard specifications, except as limited to type, class or grade, or modified in contract specifications. Reference to "Standards" referred to in the contract specifications, except as modified, shall have full force and effect as though printed in detail in specifications.(End of Clause)4.36 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) (a) The work will be under the direction of the Department of Veterans Affairs contracting officer, who may designate another VA employee to act as resident engineer at the construction site. (b) Except as provided below, the resident engineer's directions will not conflict with or change contract requirements. (c) Within the limits of any specific authority delegated by the contracting officer, the resident engineer may, by written direction, make changes in the work. The contractor shall be advised of the extent of such authority prior to execution of any work under the contract.(End of Clause)4.37 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) The contractor shall furnish to the resident engineer each day a consolidated report for the preceding work day in which is shown the number of laborers, mechanics, foremen/forewomen and pieces of heavy equipment used or employed by the contractor and subcontractors. The report shall bear the name of the firm, the branch of work which they perform such as concrete, plastering, masonry, plumbing, sheet metal work, etc. The report shall give a breakdown of employees by crafts, location where employed, and work performed. The report shall also list materials delivered to the site on the date covered by the report.(End of Clause)4.38 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) (a) Nothing contained in this contract shall be construed as creating any contractual relationship between any subcontractor and the Government. Divisions or sections of specifications are not intended to control the contractor in dividing work among subcontractors, or to limit work performed by any trade. (b) The contractor shall be responsible to the Government for acts and omissions of his/her own employees, and of the subcontractors and their employees. The contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers. (c) The Government or its representatives will not undertake to settle any differences between the contractor and subcontractors or between subcontractors. (d) The Government reserves the right to refuse to permit employment on the work or require dismissal from the work of any subcontractor who, by reason of previous unsatisfactory work on Department of Veterans Affairs projects or for any other reason, is considered by the contracting officer to be incompetent or otherwise objectionable.(End of Clause)4.39 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) (a) Retainage: (1) The contracting officer may retain funds: (i) Where performance under the contract has been determined to be deficient or the contractor has performed in an unsatisfactory manner in the past; or (ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely. (2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following: (i) Unsatisfactory progress as determined by the contracting officer; (ii) Failure to meet schedule in Schedule of Work Progress; (iii) Failure to present submittals in a timely manner; or (iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements. (3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this subparagraph shall be construed as limiting the contracting officer's right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts. (b) The contractor shall submit a schedule of cost to the contracting officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the contractor for work completed. This schedule shall show cost by the branches of work for each building or unit of the contract, as instructed by the resident engineer. (1) The branches shall be subdivided into as many sub-branches as are necessary to cover all component parts of the contract work. (2) Costs as shown on this schedule must be true costs and, should the resident engineer so desire, he/she may require the contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule. (3) The sum of the sub-branches, as applied to each branch, shall equal the total cost of such branch. The total cost of all branches shall equal the contract price. (4) Insurance and similar items shall be prorated and included in the cost of each branch of the work. (5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed below are proportions of the cost listed in the contractor's cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEMSystemPercentPneumatic tube system10Incinerators (medical waste and trash)5Sewage treatment plant equipment5Water treatment plant equipment5Washers (dish, cage, glass, etc.)5Sterilizing equipment5Water distilling equipment5Prefab temperature rooms (cold, constant temperature)5Entire air-conditioning system (Specified under 600 Sections)5Entire boiler plant system (Specified under 700 Sections)5General supply conveyors10Food service conveyors10Pneumatic soiled linen and trash system10Elevators and dumbwaiters10Materials transport system10Engine-generator system5Primary switchgear5Secondary switchgear5Fire alarm system5Nurse call system5Intercom system5Radio system5TV (entertainment) system5 (c) In addition to this cost schedule, the contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the contractor in preparing his/her bid and will not be binding as pertaining to any contract changes. (d) The contracting officer will consider for monthly progress payments material and/or equipment procured by the contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as such officer approves, including but not limited to the following: (1) The material or equipment is in accordance with the contract requirements and/or approved samples and shop drawings. (2) Only those materials and/or equipment as are approved by the resident engineer for storage will be included. (3) Such materials and/or equipment will be stored separately and will be readily available for inspection and inventory by the resident engineer. (4) Such materials and/or equipment will be protected against weather, theft and other hazards and will not be subjected to deterioration. (5) All of the other terms, provisions, conditions and covenants contained in the contract shall be and remain in full force and effect as therein provided. (6) A supplemental agreement will be executed between the Government and the contractor with the consent of the contractor's surety for off-site storage. (e) The contractor, prior to receiving a progress or final payment under this contract, shall submit to the contracting officer a certification that the contractor has made payment from proceeds of prior payments, or that timely payment will be made from the proceeds of the progress or final payment then due, to subcontractors and suppliers in accordance with the contractual arrangements with them. (f) The Government reserves the right to withhold payment until samples, shop drawings, engineer's certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other things required by this contract, have been submitted to the satisfaction of the contracting officer.(End of Clause)4.40 VAAR 852.236-83 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS) (JUL 2002) The clause entitled "Payments under Fixed-Price Construction Contracts" in FAR 52.232-5 is implemented as follows: (a) Retainage: (1) The contracting officer may retain funds: (i) Where the performance under the contract has been determined to be deficient or the contractor has performed in an unsatisfactory manner in the past; or (ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely. (2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following: (i) Unsatisfactory progress as determined by the contracting officer; (ii) Failure either to meet schedules in Section Network Analysis System (NAS), or to process the Interim Arrow Diagram/Complete Project Arrow Diagram; (iii) Failure to present submittals in a timely manner; or (iv) Failure to comply in good faith with approved subcontracting plans, certifications or contract requirements. (3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this subparagraph shall be construed as limiting the contracting officer's right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts. (b) The contractor shall submit a schedule of costs in accordance with the requirements of Section Network Analysis System (NAS) to the contracting officer for approval within 90 calendar days after date of receipt of notice to proceed. The approved cost schedule will be one of the bases for determining progress payments to the contractor for work completed. (1) Costs as shown on this schedule must be true costs and, should the resident engineer so desire, he/she may require the contractor to submit his/her original estimate sheets or other information to substantiate the detailed makeup of the cost schedule. (2) The total costs of all activities shall equal the contract price. (3) Insurance and similar items shall be prorated and included in each activity cost of the critical path method (CPM) network. (4) The CPM network shall include a separate cost loaded activity for adjusting and testing of the systems listed below. The percentages listed below will be used to determine the cost of adjust and test activities and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. (5) Payment for adjust and test activities will be made only after the contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEMSystemPercentPneumatic tube system10Incinerators (medical waste and trash)5Sewage treatment plant equipment5Water treatment plant equipment5Washers (dish, cage, glass, etc.)5Sterilizing equipment5Water distilling equipment5Prefab temperature rooms (cold, constant temperature)5Entire air-conditioning system (Specified under 600 Sections)5Entire boiler plant system (Specified under 700 Sections)5General supply conveyors10Food service conveyors10Pneumatic soiled linen and trash system10Elevators and dumbwaiters10Materials transport system10Engine-generator system5Primary switchgear5Secondary switchgear5Fire alarm system5Nurse call system5Intercom system5Radio system5TV (entertainment) system5 (c) In addition to this cost schedule, the contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the contractor in preparing his/her bid and will not be binding as pertaining to any contract changes. (d) The contracting officer will consider for monthly progress payments material and/or equipment procured by the contractor and stored on the construction site as space is available, or at a local approved location off the site, under such terms and conditions as such officer approves, including but not limited to the following: (1) The material or equipment is in accordance with the contract requirements and/or approved samples and shop drawings. (2) Only those materials and/or equipment as are approved by the resident engineer for storage will be included. (3) Such materials and/or equipment will be protected against weather, theft and other hazards and will not be subjected to deterioration. (5) All of the other terms, provisions, conditions and covenants contained in the contract shall be and remain in full force and effect as therein provided. (6) A supplemental agreement will be executed between the Government and the contractor with the consent of the contractor's surety for off-site storage. (e) The contractor, prior to receiving a progress or final payment under this contract, shall submit to the contracting officer a certification that the contractor has made payment from proceeds of prior payments, or that timely payment will be made from the proceeds of the progress or final payment then due, to subcontractors and suppliers in accordance with the contractual arrangements with them. (f) The Government reserves the right to withhold payment until samples, shop drawings, engineer's certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other things required by this contract, have been submitted to the satisfaction of the contracting officer.(End of Clause)4.41 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) (a) The contractor shall submit with the schedule of costs, a progress schedule that indicates the anticipated installation of work versus the elapsed contract time, for the approval of the contracting officer. The progress schedule time shall be represented in the form of a bar graph with the contract time plotted along the horizontal axis. The starting date of the schedule shall be the date the contractor receives the "Notice to Proceed." The ending date shall be the original contract completion date. At a minimum, both dates shall be indicated on the progress schedule. The specific item of work, i.e., "Excavation", "Floor Tile", "Finish Carpentry", etc., should be plotted along the vertical axis and indicated by a line or bar at which time(s) during the contract this work is scheduled to take place. The schedule shall be submitted in triplicate and signed by the contractor. (b) The actual percent completion will be based on the value of installed work divided by the current contract amount. The actual completion percentage will be indicated on the monthly progress report. (c) The progress schedule will be revised when individual or cumulative time extensions of 15 calendar days or more are granted for any reason. The revised schedule should indicate the new contract completion date and should reflect any changes to the installation time(s) of the items of work affected. (d) The revised progress schedule will be used for reporting future scheduled percentage completion.(End of Clause)4.42 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) (a) The wage determination decision of the Secretary of Labor is set forth in section GR, General Requirements, of this contract. It is the result of a study of wage conditions in the locality and establishes the minimum hourly rates of wages and fringe benefits for the described classes of labor in accordance with applicable law. No increase in the contract price will be allowed or authorized because of payment of wage rates in excess of those listed. (b) The contractor shall submit the required copies of payrolls to the contracting officer through the resident engineer or engineer officer, when acting in that capacity. Department of Labor Form WH- 347, Payroll, available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, may be used for this purpose. If, however, the contractor or subcontractor elects to use an individually composed payroll form, it shall contain the same information shown on Form WH-347, and in addition be accompanied by Department of Labor Form WH-348, Statement of Compliance, or any other form containing the exact wording of this form.(End of Clause)4.43 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) Public Law 107-217 (40 U.S.C. 3172) authorizes the constituted authority of States to apply their workers compensation laws to all lands and premises owned or held by the United States.(End of Clause)4.44 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) The Resident Engineer on all assigned construction projects, or other Department of Veterans Affairs employee if designated in writing by the Contracting Officer, shall serve as Safety Officer and as such has authority, on behalf of the Contracting Officer, to monitor and enforce Contractor compliance with FAR 52.236-13, Accident Prevention. However, only the Contracting Officer may issue an order to stop all or part of the work while requiring satisfactory or corrective action to be taken by the Contractor.(End of Clause)4.45 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) The clauses entitled “Changes” in FAR 52.243-4 and “Differing Site Conditions” in FAR 52.236-2 are supplemented as follows: (a) Paragraphs (a)(1) through (a)(4) apply to proposed contract changes costing over $500,000. (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data are required under FAR Subpart 15.403, the cost or pricing data shall be submitted in accordance with FAR 15.403-5. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit a proposal, which includes the information required by paragraph (a)(1), for cost of changes in work within 30 calendar days. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (a)(1) or (a)(2) of this clause is not received within 30 calendar days or if agreement has not been reached. (4) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change. (b) Paragraphs (b)(1) through (b)(11) apply to proposed contract changes costing $500,000 or less: (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data or information other than cost or pricing data are required under FAR 15.403, the data shall be submitted in accordance with FAR 15.403-5. No itemized breakdown will be required for proposals amounting to less than $1,000. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit within 30 calendar days, a proposal that includes the information required by paragraph (b)(1) for the cost of the changes in work. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (b)(1) or (b)(2) of this clause is not received within 30 calendar days, or if agreement has not been reached. (4) Allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and use of construction equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. Allowable percentages on changes will not exceed the following: 10 percent overhead and 10 percent profit on the first $20,000; 7-1/2 percent overhead and 7-1/2 percent profit on the next $30,000; 5 percent overhead and 5 percent profit on balance over $50,000. Profit shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. (5) The prime contractor's or upper-tier subcontractor's fee on work performed by lower-tier subcontractors will be based on the net increased cost to the prime contractor or upper-tier subcontractor, as applicable. Allowable fee on changes will not exceed the following: 10 percent fee on the first $20,000; 7-1/2 percent fee on the next $30,000; and 5 percent fee on balance over $50,000. (6) Not more than four percentages, none of which exceed the percentages shown above, will be allowed regardless of the number of tiers of subcontractors. (7) Where the contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work. The contractor's fee is limited to the net increase to contractor of subcontractors' portions cost computed in accordance herewith. (8) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the contractor if he/she had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation. (9) Cost of Federal Old Age Benefit (Social Security) tax and of Worker's Compensation and Public Liability insurance appertaining to changes are allowable. While no percentage will be allowed thereon for overhead or profit, prime contractor's fee will be allowed on such items in subcontractors' proposals. (10) Overhead and contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made therefore. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the contractor's overhead and/or fee percentage. (11) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change.(End of Clause)4.46 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials," FAR 52.225-9. (b) Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-9, VA does not anticipate accepting an offer that includes foreign construction material. (c) If a bidder chooses to submit a bid that includes foreign construction material, that bidder must provide a listing of the specific foreign construction material he/she intends to use and a price for said material. Bidders must include bid prices for comparable domestic construction material. If VA determines not to accept foreign construction material and no comparable domestic construction material is provided, the entire bid will be rejected. (d) Any foreign construction material proposed after award will be rejected unless the bidder proves to VA's satisfaction: (1) it was impossible to request the exemption prior to award, and (2) said domestic construction material is no longer available, or (3) where the price has escalated so dramatically after the contract has been awarded that it would be unconscionable to require performance at that price. The determinations required by (1), (2), and (3) of this paragraph shall be made in accordance with Subpart 825.2 and FAR 25.2. (e) By signing this bid, the bidder declares that all articles, materials and supplies for use on the project shall be domestic unless specifically set forth on the Bid Form or addendum thereto.(End of Clause)4.47 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE II (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials under Trade Agreements," FAR 52.225-11 and its Alternate I. (b) The restrictions contained in this clause 852.236-89 are waived for World Trade Organization (WTO) Government Procurement Agreement (GPA) country, Australian, Chilean, or Moroccan, least developed country, or Caribbean Basin country construction material, as defined in FAR 52.225-11 and its Alternate I. Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-11, VA does not anticipate accepting an offer that includes foreign construction material, other than WTO GPA country, Australian, Chilean, or Moroccan, least developed country, or Caribbean Basin country construction material. (c) If a bidder chooses to submit a bid that includes foreign construction material, that bidder must provide a listing of the specific foreign construction material he/she intends to use and a price for said material. Bidders must include bid prices for comparable domestic construction material. If VA determines not to accept foreign construction material and no comparable domestic construction material is provided, the entire bid will be rejected. (d) Any foreign construction material proposed after award will be rejected unless the bidder proves to VA's satisfaction: (1) it was impossible to request the exemption prior to award, and (2) said domestic construction material is no longer available, or (3) where the price has escalated so dramatically after the contract has been awarded that it would be unconscionable to require performance at that price. The determinations required by (1), (2), and (3) of this paragraph shall be made in accordance with Subpart 825.2 and FAR 25.2. (e) By signing this bid, the bidder declares that all articles, materials and supplies for use on the project shall be domestic unless specifically set forth on the Bid Form or addendum thereto.(End of Clause)4.48 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008) (a) Reference is made to the clause entitled "Buy American Act--Construction Materials under Trade Agreements," FAR 52.225-11. (b) The restrictions contained in this clause 852.236-89 are waived for designated country construction material as defined in FAR 52.225-11. Notwithstanding a bidder's right to offer identifiable foreign construction material in its bid pursuant to FAR 52.225-11, VA does not anticipate accepting an offer that includes foreign construction material, other than designated country construction material. (c) If a bidder chooses to submit a bid that includes foreign construction material, that bidder must provide a listing of the specific foreign construction material he/she intends to use and a price for said material. Bidders must include bid prices for comparable domestic construction material. If VA determines not to accept foreign construction material and no comparable domestic construction material is provided, the entire bid will be rejected. (d) Any foreign construction material proposed after award will be rejected unless the bidder proves to VA's satisfaction: (1) it was impossible to request the exemption prior to award, and (2) said domestic construction material is no longer available, or (3) where the price has escalated so dramatically after the contract has been awarded that it would be unconscionable to require performance at that price. The determinations required by (1), (2), and (3) of this paragraph shall be made in accordance with Subpart 825.2 and FAR 25.2. (e) By signing this bid, the bidder declares that all articles, materials and supplies for use on the project shall be domestic unless specifically set forth on the Bid Form or addendum thereto.(End of Clause)4.49 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) (a) Signing of the bid shall be deemed to be a representation by the bidder that: (1) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in construction, alteration, or repair of buildings, structures, and communications facilities, or other engineering projects, including furnishing and installing of necessary equipment; or (2) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work; and (3) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder's previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work. (b) Unless otherwise provided in this contract, where the use of optional materials or construction is permitted, the same standard of workmanship, fabrication and installation shall be required irrespective of which option is selected. The contractor shall make any change or adjustment in connecting work or otherwise necessitated by the use of such optional material or construction, without additional cost to the Government. (c) When approval is given for a system component having functional or physical characteristics different from those indicated or specified, it is the responsibility of the contractor to furnish and install related components with characteristics and capacities compatible with the approved substitute component as required for systems to function as noted on drawings and specifications. There shall be no additional cost to the Government. (d) In some instances it may have been impracticable to detail all items in specifications or on drawings because of variances in manufacturers' methods of achieving specified results. In such instances the contractor will be required to furnish all labor, materials, drawings, services and connections necessary to produce systems or equipment which are completely installed, functional, and ready for operation by facility personnel in accordance with their intended use. (e) Claims by the contractor for delay attributed to unusually severe weather must be supported by climatological data covering the period and the same period for the 10 preceding years. When the weather in question exceeds in intensity or frequency the 10-year average, the excess experienced shall be considered "unusually severe." Comparison shall be on a monthly basis. Whether or not unusually severe weather in fact delays the work will depend upon the effect of weather on the branches of work being performed during the time under consideration.(End of Clause)4.50 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) The clause entitled "Warranty of Construction" in FAR 52.246-21 is supplemented as follows: Any special warranties that may be required under the contract shall be subject to the elections set forth in the FAR clause at 52.246-21, Warranty of Construction, unless otherwise provided for in such special warranties.(End of Clause)4.51 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 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 shall be furnished to the contractor.(End of Provision)00500 - SPECIAL CONTRACT REQUIREMENTS See attached document: Sustainable Design Manual. See attached document: 014500. See attached document: NCO 21 CONSTRUCTION MACC ADDITIONAL TERMS AND CONDITIONS. LABOR REQUIREMENTS See attached document: WD NV180075 NV75. See attached document: WD CA180009 CA9. See attached document: WD NV180077 NV77. See attached document: WD HI180001 HI1. See attached document: WD CA120029 CA 29. ................
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