SCHEDULE



TC "PART I - THE SCHEDULE" \l 1TC "SECTION A - SOLICITATION/CONTRACT FORM" \l 1TC "A.1 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.110036C24919R0075X06-25-2019IDIQ90CDepartment of Veterans AffairsNetwork Contracting Office 91639 Medical Center ParkwaySuite 400Murfreesboro TN 37129Department of Veterans AffairsNetwork Contracting Office 91639 Medical Center Parkway, Suite 400ATTN: Douglas J. CrowleyMurfreesboro TN 37129Matthew R. Whisman859-281-3883This acquisition is 100% Service Disabled Veteran Owned Small Business (SDVOSB) set-aside, Firm Fixed Price (FFP)Multiple Award Task Order Contract (MATOC) for construction projects, alteration, maintenance and repairs onVeteran Affairs Medical Centers and Other Real Property Facilities. In order to be considered, the offerorsubmitting an offer shall be registered and verfied in the Center for Veterans Enterprise (CVE) as SDVOSB's atthe time of submitting an offer, and prior to award. MATOC Primary Geographical Locations: Tennessee Valley Healthcare System VA Medical Center (VAMC) 3400 Lebanon Pike, Murfreesboro, TN 37129Tennessee Valley Healthcare System VA Medical Center (VAMC)1310 24th Avenue South, Nashville, TN 37212Community Based Outpatient Clinics located in Athens, Chattanooga, Clarksville, Tullahoma and Nashville, TN. This Request for Proposal (RFP) shall result in multiple Firm-Fixed Price Multiple Task Order Contract(MATOC) awards. Base award period of twelve (12) months with four (4), twelve (12) month option periods. This MATOCcombined ceiling capacity is $ 40 million. The maximum single award amount is $2 million. The guaranteed minimum forthis MATOC is $2,000. Applicable NAICS code is 236220 with a Small Business size standard of $36.5 million.This is a competitive acquisition that will utilize Tradeoff selection process in accordance with FAR 15.101-1. This RFP will also result in the award of the initial Seed Project Task Order to one (1) of the successful MATOCrecipients. Seed Project information and applicable plan and specification/drawings is provided herein. The SEED PROJECT Pre-Proposal Conference/Site Visit has been scheduled as follows; July 2, 2019 at 1:00 PM CSTAll interested offerors will meet at the Starbucks of the Nashville, VAMC, on the 1st floor at the following address:1310 24th Avenue South Nashville, TN 37212 To obtain clarifications and/or additional information concerning the contract requirements, specifications, and/ordrawings, submit a written request to the contract specialist for the seed project, Matthew Whisman. No RFI's will be answered after 12:00PM Central Time (CST), July 12, 2019 unless determined to be in the bestinterest of the Government as deemed by the Contracting Officer. Proposal Due Date: The deadline for submitting proposals is July 24, 2019 at 2:00PM Central Time (CST). Per TOPer TOXX52.211-10X103 Hard 1 CD-ROM2:00 PM CST07-24-2019X90TC "A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK " \l 2 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 90626-3690162-4209-854200-3220 23NRNR00090CDepartment of Veterans AffairsNetwork Contract Office 91639 Medical Center ParkwaySuite 400Murfreesboro TN 37129OB10 toDepartment of Veterans AffairsFSCP O Box 149971Austin TX 787141-877-353-9791512-460-5432X3Douglas J. CrowleyVA-VHA-SAOC-2018-84665A30 Table of Contents TOC \o "1-4" \f \h \z \u \x SOLICITATION/CONTRACT FORM PAGEREF _Toc12350881 \h 1A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) PAGEREF _Toc12350882 \h 1A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK PAGEREF _Toc12350883 \h 2SCHEDULE PAGEREF _Toc12350884 \h 6INFORMATION REGARDING BIDDING MATERIAL, OFFER GUARANTEE AND BONDS PAGEREF _Toc12350886 \h 9MATOC GENERAL DESCRIPTION OF WORK PAGEREF _Toc12350887 \h 10INITIAL TASK ORDER SEED PROJECT TO BE EVALUATED: PAGEREF _Toc12350888 \h 11GENERAL INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO OFFERORS PAGEREF _Toc12350889 \h 13STATEMENT OF WORK PAGEREF _Toc12350890 \h 45INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS PAGEREF _Toc12350891 \h 472.1 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc12350892 \h 472.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) PAGEREF _Toc12350893 \h 472.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) PAGEREF _Toc12350894 \h 472.4 52.228-1 BID GUARANTEE (SEP 1996) PAGEREF _Toc12350895 \h 482.5 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc12350896 \h 492.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) PAGEREF _Toc12350897 \h 492.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc12350898 \h 502.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) PAGEREF _Toc12350899 \h 502.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) PAGEREF _Toc12350900 \h 502.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) PAGEREF _Toc12350901 \h 512.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) PAGEREF _Toc12350902 \h 512.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc12350903 \h 512.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) PAGEREF _Toc12350904 \h 52REPRESENTATIONS AND CERTIFICATIONS PAGEREF _Toc12350905 \h 533.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) PAGEREF _Toc12350906 \h 533.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) PAGEREF _Toc12350907 \h 563.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) PAGEREF _Toc12350908 \h 58GENERAL CONDITIONS PAGEREF _Toc12350909 \h 604.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) PAGEREF _Toc12350910 \h 604.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018) PAGEREF _Toc12350911 \h 614.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) PAGEREF _Toc12350912 \h 624.4 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) PAGEREF _Toc12350913 \h 634.5 52.211-13 TIME EXTENSIONS (SEPT 2000) PAGEREF _Toc12350914 \h 634.6 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984) PAGEREF _Toc12350915 \h 634.7 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc12350916 \h 634.8 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc12350917 \h 644.9 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc12350918 \h 644.10 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc12350919 \h 654.11 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc12350920 \h 654.12 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) PAGEREF _Toc12350921 \h 654.13 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017) PAGEREF _Toc12350922 \h 654.14 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011) PAGEREF _Toc12350923 \h 664.15 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) PAGEREF _Toc12350924 \h 674.16 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (AUG 2018) PAGEREF _Toc12350925 \h 69ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE PAGEREF _Toc12350926 \h 694.17 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc12350927 \h 704.18 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc12350928 \h 704.19 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) PAGEREF _Toc12350929 \h 734.20 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) PAGEREF _Toc12350930 \h 744.21 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) PAGEREF _Toc12350931 \h 784.22 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc12350932 \h 794.23 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) PAGEREF _Toc12350933 \h 804.24 52.236-4 PHYSICAL DATA (APR 1984) PAGEREF _Toc12350934 \h 804.25 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) PAGEREF _Toc12350935 \h 804.26 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) PAGEREF _Toc12350936 \h 814.27 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) PAGEREF _Toc12350937 \h 814.28 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) PAGEREF _Toc12350938 \h 824.29 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) PAGEREF _Toc12350939 \h 834.30 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) PAGEREF _Toc12350940 \h 844.31 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) PAGEREF _Toc12350941 \h 844.32 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019) PAGEREF _Toc12350942 \h 854.33 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) PAGEREF _Toc12350943 \h 864.34 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) PAGEREF _Toc12350944 \h 884.35 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) PAGEREF _Toc12350945 \h 904.36 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE I (JAN 2008) PAGEREF _Toc12350946 \h 914.37 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) ALTERNATE II (JAN 2008) PAGEREF _Toc12350947 \h 924.38 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT 2018) PAGEREF _Toc12350948 \h 924.39 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc12350949 \h 934.40 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) PAGEREF _Toc12350950 \h 934.41 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) PAGEREF _Toc12350951 \h 934.49 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995) PAGEREF _Toc12350952 \h 944.42 28.307-2 LIABILITY PAGEREF _Toc12350953 \h 944.43 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc12350954 \h 954.44 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) PAGEREF _Toc12350955 \h 984.45 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) PAGEREF _Toc12350956 \h 994.46 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) PAGEREF _Toc12350957 \h 99ATTACHMENTS PAGEREF _Toc12350958 \h 100SCHEDULE1.1 SUPPLIES AND SERVICES SCHEDULEThe period of performance for the MATOC will be for a one-year (12 months) base period with four (4) one-year (12 months) option periods. The one-time minimum guaranteed awarded to the MATOC holder will be $2,000.00. A minimum guarantee shall be considered satisfied upon notification of a Task Order award processed in the amount of $2,000.00 or more.Maximum Contract Value, of the total program cap consisting of the Base and All Option Years shall not exceed $40,000,000.00ITEM NO.PERFORMANCE PERIODDESCRIPTION0001BASE YEARDate of Award thru 7/31/2020 The MATOC is a competitive Indefinite Delivery/Indefinite Quantity (ID/IQ) construction acquisition based on general specifications contained in the Statement of Work (SOW) within each Task Order. Work to be performed shall consist of all phases of general construction, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork, carpentry, concrete, roofing, site work, excavation, interior renovation, carpet/window/door installation, electrical, steam fitting, plumbing, exterior/interior painting, plaster/stucco, demolition, masonry or metal stud and sheetrock work, installation of acoustical ceilings and light fixtures, HVAC/Flooring installation, and other construction related work required to support the Department of Veterans Affairs Medical facilities, structures, or other real property located on Nashville and Murfreesboro, Tennessee Campuses, and Community Based Outpatient Clinics located in Athens, Chattanooga, Clarksville, Tullahoma and Nashville, TN. Contractors shall provide all plant labor, equipment, appliances, materials, expertise and supervision as required by the SOW and project specifications within each individual TO.ITEM NO.PERFORMANCE PERIODDESCRIPTION1001OPTION YEAR 18/1/2020 thru 7/31/2021 The MATOC is a competitive Indefinite Delivery/Indefinite Quantity (ID/IQ) construction acquisition based on general specifications contained in the Statement of Work (SOW) within each Task Order. Work to be performed shall consist of all phases of general construction, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork, carpentry, concrete, roofing, site work, excavation, interior renovation, carpet/window/door installation, electrical, steam fitting, plumbing, exterior/interior painting, plaster/stucco, demolition, masonry or metal stud and sheetrock work, installation of acoustical ceilings and light fixtures, HVAC/Flooring installation, and other construction related work required to support the Department of Veterans Affairs Medical facilities, structures, or other real property located on Nashville and Murfreesboro, Tennessee Campuses, and Community Based Outpatient Clinics located in Athens, Chattanooga, Clarksville, Tullahoma and Nashville, TN. Contractors shall provide all plant labor, equipment, appliances, materials, expertise and supervision as required by the SOW and project specifications within each individual TO.ITEM NO.PERFORMANCE PERIODDESCRIPTION2001OPTION YEAR 28/1/2021 thru 7/31/2022 The MATOC is a competitive Indefinite Delivery/Indefinite Quantity (ID/IQ) construction acquisition based on general specifications contained in the Statement of Work (SOW) within each Task Order. Work to be performed shall consist of all phases of general construction, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork, carpentry, concrete, roofing, site work, excavation, interior renovation, carpet/window/door installation, electrical, steam fitting, plumbing, exterior/interior painting, plaster/stucco, demolition, masonry or metal stud and sheetrock work, installation of acoustical ceilings and light fixtures, HVAC/Flooring installation, and other construction related work required to support the Department of Veterans Affairs Medical facilities, structures, or other real property located on Nashville and Murfreesboro, Tennessee Campuses, and Community Based Outpatient Clinics located in Athens, Chattanooga, Clarksville, Tullahoma and Nashville, TN. Contractors shall provide all plant labor, equipment, appliances, materials, expertise and supervision as required by the SOW and project specifications within each individual TO.ITEM NO.PERFORMANCE PERIODDESCRIPTION3001OPTION YEAR 38/1/2022 thru 7/31/2023 The MATOC is a competitive Indefinite Delivery/Indefinite Quantity (ID/IQ) construction acquisition based on general specifications contained in the Statement of Work (SOW) within each Task Order. Work to be performed shall consist of all phases of general construction, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork, carpentry, concrete, roofing, site work, excavation, interior renovation, carpet/window/door installation, electrical, steam fitting, plumbing, exterior/interior painting, plaster/stucco, demolition, masonry or metal stud and sheetrock work, installation of acoustical ceilings and light fixtures, HVAC/Flooring installation, and other construction related work required to support the Department of Veterans Affairs Medical facilities, structures, or other real property located on Nashville and Murfreesboro, Tennessee Campuses, and Community Based Outpatient Clinics located in Athens, Chattanooga, Clarksville, Tullahoma and Nashville, TN. Contractors shall provide all plant labor, equipment, appliances, materials, expertise and supervision as required by the SOW and project specifications within each individual TO.ITEM NO.PERFORMANCE PERIODDESCRIPTION4001OPTION YEAR 48/1/2023 thru 7/31/2024 The MATOC is a competitive Indefinite Delivery/Indefinite Quantity (ID/IQ) construction acquisition based on general specifications contained in the Statement of Work (SOW) within each Task Order. Work to be performed shall consist of all phases of general construction, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork, carpentry, concrete, roofing, site work, excavation, interior renovation, carpet/window/door installation, electrical, steam fitting, plumbing, exterior/interior painting, plaster/stucco, demolition, masonry or metal stud and sheetrock work, installation of acoustical ceilings and light fixtures, HVAC/Flooring installation, and other construction related work required to support the Department of Veterans Affairs Medical facilities, structures, or other real property located on Nashville and Murfreesboro, Tennessee Campuses, and Community Based Outpatient Clinics located in Athens, Chattanooga, Clarksville, Tullahoma and Nashville, TN. Contractors shall provide all plant labor, equipment, appliances, materials, expertise and supervision as required by the SOW and project specifications within each individual RMATION REGARDING BIDDING MATERIAL, OFFER GUARANTEE AND BONDS(A) Proposal materials consisting of drawings, specifications and contract forms may be obtained via download at the Federal Business Opportunities website at . In order to receive e-mail notification of any amendments that have been issued and posted, bidders must be registered at FEDBIZOPPS. Offerors are responsible for obtaining all documents from the website and acknowledging all amendments to this solicitation prior to the date and time proposals are due. (B) If any Task Order exceeds $150,000 (see FAR 28.102-1 for lesser amount), the offeror to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.This is a 100% Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside Procurement. Offerors are advised that the “fast-track” re-verification program ended September 30, 2012. Any offeror appearing in VetBiz at the time of solicitation closing AND at the time of award but only with the “re-verification” moniker will not be considered and will not be “fast-tracked” for re-verification. Joint Ventures (JV) are also subject to the same requirements concerning SDVOSB’s and verification. LIMITATION ON SUBCONTRACTING-MONITORING AND COMPLIANCE:This solicitation includes VA Acquisition Regulation (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside, Limitations on Subcontracting; etc.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 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 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.NAICS Code 236220 is applicable to this requirement. The Small Business size standard is $36.5M. While the primary NAICS code is 236220, other NAICS codes applicable to Task Orders to be issued under the MATOC are as follows: 237110 - Water and Sewer Line and Related Structures Construction238910 - Construction, repair and alteration of Site Preparation237990 - Other Heavy and Civil Engineering Construction238110 - Poured Concrete Foundation and Structure Contractors 238120 - Structural Steel and Precast Concrete Contractors 238140 - Masonry Contractors 238150 - Glass and Glazing Contractors 238160 - Roofing Contractors 238190 - Other Foundation, Structure, and Building Exterior Contractors 238210 - Electrical Contractors and Other Wiring Installation Contractors 238220 - Plumbing, Heating, and Air-Conditioning Contractors 238290 - Other Building Equipment Contractors 238310 - Drywall and Insulation Contractors 238320 - Painting and Wall Covering Contractors 238330 - Flooring Contractors 238340 - Tile and Terrazzo Contractors 238910 - Site Preparation Contractors 238990 - All Other Specialty Trade Contractors MATOC GENERAL DESCRIPTION OF WORKThe Multiple Award Task Order Contract (MATOC) is a competitive Indefinite Delivery/Indefinite Quantity (IDIQ) construction acquisition based on general specifications contained in the statement of work (SOW) within each Task Order. Individual Task Orders FIRM FIXED PRICE minimum ordering amount shall be $2,000 and maximum amount $2,000,000.00. The VA reserves the right to so solicit/award requirements over $2,000,000.00 amongst MATOC contractors if determined to be in the best interest of the Government. The maximum MATOC program ceiling is $40 million. Each MATOC contract shall have a Period of Performance of one (l) base year and four (4) additional option periods. Selected MATOC recipients will be provided a fair opportunity to compete for individual Task Orders. Task Order ordering/issuing procedures provided in the Administrative and Special Contract Requirement section and elsewhere in this solicitation shall apply to all Task Orders issued against the MATOC. Task Order shall not include Architect/Engineering Services; however, shop drawings and as-built drawings may be required from the contractor.Work to be performed shall consist of multiple disciplines of construction, and may include but not be limited to all phases of general construction, alteration, mechanical, electrical, heating/air conditioning, demolition, painting, paving and earthwork, carpentry, concrete, roofing, site work, excavation, interior renovation, carpet/window/door installation, steam fitting, plumbing, exterior/interior painting, plaster/stucco, demolition, masonry or metal stud and sheetrock work, installation of acoustical ceilings and light fixtures, HVAC/Flooring installation, and other construction related work required to support the Department of Veterans Affairs Medical facilities, structures, or other real property located on Nashville and Murfreesboro, Tennessee Campuses and all Community Based Outpatient Clinics located within the state of Tennessee. Task order shall include a Statement of Work (SOW), applicable construction Specifications Plans ), drawings and will be further defined in individual project submittal requirements. Contractors shall provide all labor, equipment, appliances, materials, expertise, personal and supervision required to perform the work required in each Task Order.The contractor must identify the proposed office(s) location and identify Project/Program Manager involved in the execution of the Task Order. The offeror Project/Program Manager assigned to this Contract/Task Orders shall be located, either by virtue of their main office or a satellite operation base, within an area permitting a maximum of a four (4) hour response time to the Nashville Medical Center. Said office or satellite base must be operational within 30 days of contract award and throughout the duration of the contract, and shall be open for business from 8:00 am to 4:30 pm, Monday through Friday, excluding federal holidays.Location of Work: All Task Order projects issued under the MATOC shall be performed on the Nashville and Murfreesboro, Tennessee Campuses, and Community Based Outpatient Clinics located in Athens, Chattanooga, Clarksville, Tullahoma and Nashville, TN.NOTE: Contractors are hereby given notice that the MAXIMUM CAPACITY for this MATOC project is $40,000,000.00. If at any time during the life this project (base period/option periods), the $40, 000,000.00 maximum capacity is reached through an aggregate sum of all Task Orders awarded under the entire MATOC project shall be considered complete and no future request for proposal or Task Order Orders shall be issued under this project. INITIAL TASK ORDER SEED PROJECT TO BE EVALUATED: The contractor shall furnish all labor, material, equipment, transportation, and supervision necessary to accomplish the work for Project# 626-18-101 "Correction for Life Safety Compliance" at the Tennessee Valley Healthcare System, VA Medical Center, 1310 24th Ave., S., Nashville, TN 37212 in accordance with the specifications and drawings provided in this solicitation. Work includes but is not limited to mechanical, electrical, plumbing, controls and some architectural services.Offerors shall provide all pricing information necessary to provide a meaningful basis for Government's analysis and evaluation of price for the seed project chosen for this solicitation. The Government does not intend to request certified cost or pricing data. Cost Range of Magnitude: Between $500,000 and $1,000,000The SEED PROJECT Pre-Proposal Conference/Site Visit has been scheduled as follows;July 2, 2019 at 1:00 PM CST. All interested offerors will meet at the Starbucks on the 1st floor at:TVHS Nashville TN VAMC 1310 24th Avenue South, Room 200Nashville TN 37212POC: Douglas Crowley at douglas.crowley@POC: Timothy Moran at timothy.moran2@GENERAL INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO OFFERORS1. WHO MAY SUBMIT AN OFFER AND RECEIVE AWARD:This is a 100% Service Disabled Veteran Owned Small Business (SDVOSB) Set Aside Procurement. 1.1 Only verified Service Disabled Veteran Owned Small Business (SDVOSB) firms are eligible to submit an offer or receive an award of a VA contract that is set-aside for SDVOSBs in accordance with VA Acquisition Regulations (VAAR) Part 819. All SDVOSBs must apply for and receive verified status in accordance with 38 CFR Part 74 and be registered and verified (CVE) in the Vendor Information Pages (VIP) prior to submitting an offer on an acquisition conducted in accordance with VAAR Part 819. The VIP will be checked both upon receipt of an offer and prior to award. Offeror shall be required to submit a CVE Letter from the Department of Veteran Affairs Center for Veterans Enterprise (CVE) in accordance with 38 CFR Part 74 and VAAR 819.70 verifying its firm is a SDVOSB status. 1.2 General construction contractors are encouraged to form partnerships with other SDVOSB or VOSB firms to provide a full range of construction in accordance with the requirements of the Task Orders. Joint Venture Agreements –Offerors submitting Joint Venture shall submit a copy of their Joint Venture Agreement with their offer for Contracting Officer approval. Joint Ventures shall comply with VAAR 819.70 (Jul 25, 2016). and shall register and be verified in the Center for Veterans Enterprise (CVE) with a status of SDVOSB or VOSB. Moreover, the prime venture partner must be the SDVOSB partner used to create the JV. 1.3. Offerors shall be registered in the System for Award Management (SAM) in the same manner as they are proposing for this solicitation using the name and physical address from their registration for the provided unique entity identifier, at time of submission of proposal. Offeror can register in SAM located at . Interested parties are to be registered in SAM at the time of offers due.1.4. The North American Industry Classification System (NAICS) code for this solicitation is 236220, with a size standard for small business of $36.5 million dollars.1.5. The contractor must identify the proposed office(s) location and identify Project/Program Manager involved in the execution of the Task Order. The offeror Project/Program Manager assigned to this Contract/Task Orders shall be located, either by virtue of their main office or a satellite operation base, within an area permitting a maximum of a four (4) hour response time to the Nashville Medical Center. Said office or satellite base must be operational within 30 days of contract award and throughout the duration of the contract and shall be open for business from 8:00 am, CST to 4:30 pm, CST, Monday through Friday, excluding federal holidays.1.6 BONDING CAPABILITY: Task Orders estimated dollar range for these projects is between $2,000 and $2,000,000.00. Contractors will be required to provide additional performance capability information to include bonding and financial capability. A letter from an acceptable surety is required indicating bonding capacity of at least $2,000,000.00 annually. Offeror will also be required to provide proposal 20% offer guarantee for the Seed Project to be awarded as a result of this solicitation. Additionally, failure to meet these requirements shall disqualify an offeror for award consideration.2 PROPOSAL SUBMISSIONSIn order for a proposal to be considered, offerors must strictly comply with all instructions outlined in this solicitation. Failure to furnish proposals that comply with these instructions, at the predetermined proposal due date for submission, shall result in elimination from consideration for award. Furthermore, all solicitation amendments (if any) must be acknowledged in the SF 1442 and submitted in accordance with the instructions herein. The offeror shall bear all cost associated with the preparation and submission of the proposal. The Department of Veteran Affairs will not be responsible or liable for the cost incurred by the offeror, regardless of the outcome of the selection process. Failure to acknowledge a material amendment shall result in your proposal being considered technically unacceptable and will not be considered further. 2.1 QUESTION: All questions regarding this RFP shall be submitted in writing using the Proposal Inquiry Form (Attachment E) to douglas.crowley@ and must be received no later than 12:00 pm, Central Standard Time on July 12, 2019, in order to allow Government replies to reach all prospective offerors in a timely manner. No telephone calls will be accepted for questions. 2.2. WHERE TO SUBMIT PROPOSALOfferors shall submit the original proposal plus three (3) hard copies and one (1) CD-ROMs of Volumes I and II of their proposal to the NCO 9 Contracting Office at the address shown below:DEPARTMENT OF VETERANS AFFAIRS SOLICITATION #-36C24919R0075_1ATTN: CONTRACTING OFFICER (Douglas Crowley)1639 MEDICAL CENTER PARKWAY, SUITE 400, RM 410MURFREESBORO TN 37219Volumes I and II will be labelled as “MATOC Volume I Technical Submission” or “MATOC Volume II Price Proposal Submission”, as appropriate, and each volume will have a cover sheet stating “36C24919R0075_1, Seed Project Proposal” and will include the Project Location, Offeror Name, Address, Point of Contact, Phone Number, Fax Number, and E-mail Address.2.3 PROPOSAL SUBMISSION DEADLINEOffers shall be submitted at the location stated and by the time and date as specified in Block 13 of Standard Form 14423 PROPOSAL REQUIREMENTS AND FORMAT3.1. PROPOSAL FORMATAll proposals shall contain the evaluation requirements stated herein. All written information and data shall be submitted in an 8?” x 11” format and shall be provided in a standard three–ring binder. Font size shall be no smaller than 11 inches Times New Roman format. Emailed proposals will not be accepted. Emailed proposals will be deemed technically unacceptable outright and the offeror shall not be considered for award. Volumes I Technical and Volume II Price Proposal binders shall be separate. Contents shall follow the order of the evaluation criteria and all pages shall be numbered. Facsimile proposals and emailed proposals will not be accepted.Firms submitting proposals should limit submission to data essential for evaluation of proposals so that a minimum of time and resources are expended in preparing information required by the Request for Proposal (RFP). Data submitted must reflect the Offeror’s interpretation of criteria contained in the RFP. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise. Excessive reliance on promotional brochures is discouraged.Technical and Past Performance Volumes shall not exceed the page limits stated herein. If the page limits are exceeded, the pages in excess of the limit will not be read or considered and will be rejected outright.Page limits for Past Performance Volume are six (6) pages (page limit excludes that solicitation Attachments that are to be completed and submitted),Page limits for Technical Approach Volume are fifty (50) pages,Page Limits Shall Include: All appendices, charts, graphs, diagrams, tables, photographs, drawings, except as noted in the instructions. Type size will not be smaller than Microsoft Word Times New Roman 11-point font, normal proportional spacing. Text lines will be single-spaced.Technical proposals will be evaluated for conformance with the minimum solicitation criteria. It must also form a sufficient basis for a fair and reasonable price proposal.Proposal clarity, organization as stated in this solicitation, and cross-referencing are mandatory. Referenced information or materials not included with the proposal documents may be considered nonconforming to the solicitation requirements. 4. EVALUATION OF OFFEROR PROPOSALS4.1 BEST VALUE TRADEOFF SOURCE SELECTION PROCESSThe Government will select offers that represent the best value to the Government by using the trade-off process described in FAR Part 15.101-1. The award decision will be based on a comparative assessment of proposals against all source selection criteria in the solicitation. Offers will be evaluated using the criteria listed in “Evaluation Factors.” 4.2 EVALUATION FACTORS: The evaluation factors that shall be used to evaluate offeror proposals for the MATOC solicitation are as follows; Factor 1 – Past PerformanceFactor 2 – Technical Approach(1) Sub-Factor 1 Capability and Experience (General and Medical) (2) Sub-Factor 2 Organization & Key Personnel (3) Sub-Factor 3 Scheduling Methodology(4) Sub-Factor 4 Quality Control (5) Sub-Factor 5 Safety Plan(6) Sub-Factor 6 Infection Control PlanFactor 3 – Price4.3 EVALUATION FACTORS SIGNIFICANT OF IMPORTANT: In accordance with FAR 15-101-1(b)(2), all three (3) factors are of equal importance. 5 PROPOSAL SUBMITTALS FORMAT AND EVALUATION 5.1 VOLUME I: All Volume I proposals shall be submitted in a single three-ring binder with tabs separating the factors shown in the table below. The original plus three (3) copies and one (1) CD-ROMs of Volume I should be submitted. Price Proposals shall be separate from Technical Proposal and organized according to the following general outline: A cover sheet must be submitted and labeled as MATOC Volume I: Price Proposal Submission –“36C24919R0075_1” – Seed Project Price Proposal” and includes the Project Location, Offeror Name, Address, Point of Contact, Phone Number, Fax Number, and Email Address. Volume I must be labeled with tabs and number separating the factors shown below. Volume I Technical Proposal Required SubmittalsTab (A) Technical Proposal Cover SheetTab (B) Factor 1 – Past Performance (1) Past Performance Relevancy Questionnaire (Attachment A)(2) Subcontractor Information Consent Form (Attachment B)(3) Self Performed Trades/Capabilities (Attachment C)Tab (C) Factor 2 – Technical Approach(1) Sub-Factor 1 Capability and Experience (General and Medical) (2) Sub-Factor 2 Organization & Key Personnel (3) Sub-Factor 3 Scheduling Methodology(4) Sub-Factor 4 Quality Control (5) Sub-Factor 5 Safety Plan(6) Sub-Factor 6 Infection Control Plan TAB (B) PAST PERFORMANCE – FACTOR 1The Government will evaluate an offeror's Past Performance at the factor level using descriptive adjectives that most accurately define the offeror's performance risk considering all potential evaluation criteria identified in this section. Relevance will be considered in the overall Past Performance rating. Ratings will consider the offeror's Past Performance considering recency, relevancy, sources, context, and trends. The Past Performance evaluation will include, but is not limited, to the following:Quality of service provided (workmanship)Timeliness of performanceCost ControlSpecification/Technical complianceBusiness practices Customer satisfactionKey personnel past performanceSafetyInfection ControlFederal Law ComplianceEach offeror shall provide a maximum of no more than three contract references from previous contract customers. Each contract reference shall be rated for recency, relevancy, and performance in accordance with FAR 15.305(a)(2).RECENCY: Recency shall be defined as successful performance under contracts similar in scope to the subject requirement completed within the last five (5) years through proposal due date.RELEVANCY: The Government will perform an independent determination of data relevancy, provided or obtained. The main assessment of relevancy shall focus on capability and magnitude. Capability assesses whether the work being performed in the reference is similar to the work in the requirement. Magnitude defines whether the amount of work in the reference is similar to the amount of work that is to be performed in the requirement.The following definitions shall apply to relevancy considering all the elements listed above;VERY RELEVANT - Past/present performance efforts in a medical health care facility setting involving the magnitude of effort and complexities which are essentially what this solicitation requires;RELEVANT - Past/present performance efforts involved less magnitude of effort and/or complexities, including some of what this solicitation requires;NOT RELEVANT - Past/present performance efforts involved none or significantly less magnitude of effort and complexities, of what this solicitation requires.The Government will evaluate and rate an offeror's Past Performance using descriptive adjectives that most accurately define the offeror's performance.The following definitions apply to performance for each contract reference submitted for Past Performance evaluation.ExceptionalPerformance exceeded many contractual requirements to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were highly effective.GoodPerformance exceeded some contractual requirements to the Government’s benefit. The contractual performance of the element or sub-element being assess was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were effective.SatisfactoryPerformance met contractual requirements. The contractual performance of the element or sub-element being assess was accomplished with no more than a few minor problems for which corrective actions taken by the contractor were satisfactory.MarginalPerformance did not meet some contractual requirements. The contractual performance of the element or sub-elements being assessed reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.UnsatisfactoryPerformance did not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions were ineffective.Neutral/ Not Applicable or UnknownNo performance record identifiable within the area of evaluation.The Government will ultimately evaluate each past performance reference for recency, relevancy, and performance to arrive at a past performance confidence rating as depicted below.Confidence RatingDefinitionHigh Confidence/ExceptionalBased on the offeror's performance record, essentially no doubt exists that the offeror will successfully perform the required effortSignificant Confidence/GoodBased on the offeror's performance record, little doubt exists that the offeror will successfully perform the required effortConfidence/SatisfactoryBased on the offeror's performance record, some doubt exists that the offeror will successfully perform the required effortLittle Confidence/MarginalBased on the offeror's performance record, substantial doubt exists that the offeror will successfully perform the required effort. Changes to the offeror's existing processes may be necessary in order to achieve contract requirements.No Confidence/UnsatisfactoryBased on the offeror's performance record, extreme doubt exists that the offeror will successfully perform the required effort.Unknown Confidence/NeutralNo performance record identifiable (FAR15.305(a)(2)(iii/iv))PAST PERFORMANCE CONSIDERATIONSThe Past Performance proposal evaluation will consider such things as an offeror's business practices, customer relationship, and ability to successfully perform as proposed and other considerations considering recency, relevancy, sources, context, and trends. Past Performance includes current on-going (present) performance. Sources is defined as the source of the past performance information. Context is defined as the situation in which the past performance occurred. Trends may be defined as how often something occurs either good or bad.The Government may evaluate present and past performance information through the use of questionnaires completed by the offeror's references; use data independently obtained from other Government or commercial sources, including, but not limited to Government databases; rely upon personal business experience with the offeror; and use the information provided in the Offeror’s Past Performance Relevancy Questionnaires.The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts and trends in performance.The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. If multiple subcontractors are provided for the same discipline, the Government will use the lowest rated subcontractor in the evaluation.Past Performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references and contact parties other than those identified by the offeror, and information received may be used in the evaluation of the offeror’s Past Performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete Past Performance information rests with the offeror. The Government reserves the rights to obtain and evaluate Past Performance information from any source it deems appropriate.An offeror with no Past Performance may receive a rating based on the evaluation of its predecessor companies, proposed key personnel, and/or subcontractors, provided a Subcontractor Release of Information (Attachment B) has been executed and included in the proposal for proposed subcontractors and/or potential key personnel not employed by the contractor. These ratings may have the same importance as the ratings of the proposing company. If such information is not applicable (i.e., the offeror does not have a predecessor company, key personnel or subcontractors with relevant experience), the offeror shall be evaluated as “Neutral”. However, the proposal of an offeror with no relevant Past Performance history, while rated “Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors. TECHNICAL APPROACH – FACTOR 2The technical approach factor will be comprised of six (6) sub-factors. All six (6) sub-factors are of equal importance. An overall rating will be assigned for sub-factors one (1) through six (6). Technical Approach Sub-factors (1) Capability and Experience (General and Medical) (2) Organization & Key Personnel(3) Scheduling Methodology(4) Quality Control (5) Safety Plan(6) Infection Control PlanSUB-FACTOR 1 CAPABLITY AND EXPERIENCEAn offeror, including its key personnel and/or subcontractors, must demonstrate experience in general and medical health care facility construction projects possessing comparable characteristics to the categories of work described in the solicitation. Offerors shall provide information such as the size, duration, complexity, dollar value, and description of the contracts submitted for consideration. Offerors shall identify three (3) total general and medical health care facility construction projects completed within the past five (5) years through the proposal due date. Offerors must provide points of contact (POC) and any other pertinent details, to include performance evaluations of any kind.For each project submitted to demonstrate experience general construction and medical health care facility construction, offerors shall provide the following information:(1) Project Description (2) List of involved Trades. i.e. Architectural, Mechanical, Electrical, Plumbing.(3) Contract Numbers(4) Contract Values(5) Location(6) Type of Contract – Federal, State, CommercialProposals must demonstrate that the offeror has experience with management of general construction and medical health care facility construction projects that require multi-discipline skills to perform as well as the capability to perform multiple projects at one time. The Government will evaluate the quality and extent of related experience and determine if the offeror has the experience to manage multi-disciplined construction projects, which is comparable to the work requirements of this solicitation.SUB-FACTOR 2 ORGANIZATION & KEY PERSONNELThe Government will evaluate the offeror’s overall organization, organizational chart, as well as number of personnel and the duties of proposed technical staff to determine if offeror has the ability to manage multi-discipline projects without significant difficulty. The specific criterion proposed (skill levels, experience, and background) for personnel, if adequate, may be used as an indicator of an acceptable organization.The proposal narrative must adequately address functions, responsibilities and authorities for performing such duties as overall project management, site superintendence, quality and infection control, safety, administration and in-house trade capabilities. An offeror who has the capability to perform both as a prime contractor for multi-discipline projects and self-perform a major element of construction, for example, Architectural, Plumbing, Electrical, Mechanical, may be afforded additional consideration in the evaluation. The offerors shall complete and submit the Organization & Key Personnel Self-Performed Trades/Capabilities Form (Attachment 1) in Volume I of its proposal.The Government may evaluate the offeror’s proposed personnel for Project Management, site superintendence, quality control, infection control and safety during construction, as well as the list of major subcontractors who will be utilized throughout the life of the contract. Resumés or information provided for Key Personnel should indicate the position for which the individual is proposed, and provide (as a minimum) the following information:(1) The person(s) who will be the on-site Contractor Representative(s) responsible for management of the contract. Furnish evidence of his/her qualifications and a description of primary duties, authorities and responsibilities;(2) Detailed job descriptions to include an indication as to whether the position is a full time or part time position;(3) Details listing minimal qualifications for each position to include levels of general, professional and specific experience, training, certification, licenses, professional awards and any other related and necessary qualifications; and(4) If the individual is being proposed for other positions in response to other solicitations;(5) If the individual is already assigned to other major projects and how they will be made available for this effort; and(6) If the individual is not employed by the offeror at the time of the submittal, has given the offeror a firm commitment to accept the position, if the offeror is awarded the contract.In the event an offeror becomes aware that one or more key personnel (whose resumés were submitted for evaluation) are no longer available to the offeror as proposed, resumés of replacement individual(s) shall be submitted to the Government for consideration. A written narrative explaining the reason(s) for the change must accompany the new resume.If applicable, the support and interface with home office or corporate headquarters for such aspects as financial, management and technical support are adequately defined.SUB-FACTOR 3 SCHEDULING METHODOLOGYThe Government will evaluate the offeror’s scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to the end of the project.The proposal should demonstrate an understanding of the limitations of a schedule as well as an understanding that an appropriate schedule will result in successful completion of projects.Offerors shall also provide a seed project construction cost loaded schedule (Gantt Chart). Schedule shall be realistic and one that the contractor can accomplish. It shall, at a minimum, address contractors’ time approach for a submittal, mobilization, construction/renovation execution, final inspection, demobilization, and close out. The schedule should clearly identify critical activities, interdependencies, and float. An orderly, logical outline shall be presented identifying simultaneous and concurrent activities.SUB-FACTOR 4 QUALITY CONTROLThe Government will evaluate the offeror’s proposed quality control (QC) activities for compliance and sound business practices, and how the company plans to execute surveillance of work, acceptance, rejection, documentation and resolution on deficiencies. Offerors must submit a QC plan that effectively covers methodology for identifying and preventing defects in quality of service.The Quality Control plan should provide a detailed explanation of how quality issues are dealt with on various types of construction projects, and must address the following in detailed measures:(1) Proposed quality control activities for compliance with the requirements of the solicitation.(2) The proposal’s quality control discussion should adequately detail the offeror’s policy with regard to QC and how the offeror intends to achieve acceptable standards.(3) The Quality Control discussion must provide a detailed explanation of how quality issues are dealt with on various types of construction projects.(4) Sample documents such as checklists, Key Quality Control personnel references, Quality Process Control Flowcharts, etc. to support the overall Quality Control Plan.(5) Who will be responsible for the plan and what authority they have to ensure quality is provided.The QC plan requirement shall not preclude the potential requirement for project specific plans on the seed project, and future individually issued Task Orders.SUB-FACTOR 5 SAFETY PLANThe Government will evaluate the offeror’s proposed safety plan, including, but not limited to:(1) Training and documentation.(2) How it is to be monitored and enforced under any Task Order awarded.The safety plan should also demonstrate familiarity with, and adhere to, OSHA standards, and State OSHA safety requirements. The proposed safety plan must address the following in detailed measures:(1) Work activity safety measures(2) Emergency response measures(2) Safety reporting planThe proposed plan shall be written in such a manner so that any employee who has to react to an emergency, or report an unsafe condition, can use the plan to determine what appropriate action is required. Proposal MUST demonstrate that the offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violations in the past three years (Must provide Experience Modification Rating (EMR) rating).The proposed safety plan for the MATOC basic contract does not preclude the potential requirement for project specific plans on individually issued Task Orders.SUB-FACTOR 6 INFECTION CONTROLThe Government will evaluate the offeror’s infection control program for the Seed Project including, but not limited to:(1) Ability to comply with Department of Veterans Affairs Safety & Health requirements, operating instructions and policies. (2) Address, at a minimum, supervision, employee responsibilities, work practices, training, materials and equipment, and risk assessment methods.(3) Site containment from the rest of the hospital(4) Construction waste management, specific to the seed project and future projects, to address in detailed measures the disposal of all waste generated during the project, measures for separating recyclable material and disposal of separated material, and the disposal of hazardous materials.(5) Offeror shall submit a completed preconstruction risk assessment located in General Requirements Section 01 00 00 of the Seed Project specifications. The proposed Infection Control plan for the MATOC basic contract shall not preclude the potential requirement for project specific plans on individually issued Task Orders.5.2. VOLUME II: All Volume II proposals shall be submitted in a single three-ring binder with tabs separating the factors shown in the table below. The original plus three (3) hard copies and one (1) CD-ROMs of Volume II should be submitted. Price Proposals shall be separate from Technical Proposal and organized according to the following general outline: A cover sheet must be submitted and labeled as MATOC Volume II: Price Proposal Submission –“36C24919R0075_1” – Seed Project Price Proposal” and includes the Project Location, Offeror Name, Address, Point of Contact, Phone Number, Fax Number, and Email Address. Volume II must be labeled with tabs and number separating the factors shown below. Volume II Price Proposal Required SubmittalsTab (A) Factor 3 – Cost / Price (1) Price Proposal Cover Sheet(2) Seed Project Task Order Price (Itemized Pricing Schedule Excel Spreadsheet) (a detailed breakout of each discipline and sub-discipline to include general conditions)(3) Signed and completed Standard Form 1442 Solicitation/Offer/Award Documents (4) Solicitation (5) Amendments (6) Representation, Certifications, and Other Statements of Offerors (unless offeror is in the ORCA system)(7) Offeror’s DUNS number. If submitting a Joint Venture, the Joint Venture DUNS number as well.(8) Offerors submitting Joint Venture shall submit a copy of their Joint Venture Agreement with their offer To be considered eligible for award all offerors must provide the following:Tab (B) Accreditation and Supporting DocumentationSeed Project Offer Guarantee 20%of Proposed Price. Must be on Standard Form 24 and have original/wet signature.Letter from CVE indicating your eligibility as a verified SDVOSB.Confirmation letter indicating your company’s $2M bonding capacity. (Attachment D)Financial Resources: Offerors shall address a fiscal plan for covering phase-in, unexpected and/or emergency situations, and initial performance costs prior to recoupment in the form of progress payments. Offerors shall submit a financial capability letter from their financial institution. This letter will be used in the Contracting Officer’s determination of responsibility.PRICEOfferors have been provided a seed project on which to submit a price proposal for evaluation. The Government will evaluate the seed project price proposal to determine whether price is reasonable for the work described.PRICE EVALUATION The purpose of Price evaluation is to provide an assessment of the reasonableness of the proposed price in relation to the solicitation requirements.Price proposals will be evaluated to determine if the prices and support costs are:Complete – The proposal contains costs to perform all tasks required by the Statement of Work (SOW)/Specifications.Reasonable – The price is determined fair and reasonable using cost or price analysisThe Government will conduct an evaluation of each offeror's seed project price proposal to determine whether or not each proposal complies with the stated criteria: "Reasonableness" and “Unreasonable”. The Contracting Officer reserves the right to reject all offers if none are fair or reasonable. Those proposals evaluated as not satisfying all of the price/cost criteria may be eliminated from consideration for award unless the Contracting Officer determines:(1) A minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or(2) The Contracting Officer determines discussions are required.Reasonableness of an offeror's proposal is evaluated through cost or price analysis techniques as described in FAR Subpart 15.305(a) (1) and (4). For price to be considered reasonable, it must represent a price that provides best value to the Government when consideration is given to prices in the market, (market conditions may be evidenced by other competitive proposals), technical and functional capabilities of the offeror. Proposals unrealistically high or low in price, when compared to the Government estimate, and market conditions evidenced by other competitive proposals received, may result in proposal rejection without discussion. Any inconsistency, whether real or apparent, between proposed performance and price must be clearly explained in the price proposal. For example, if unique and innovative approaches or conditions are the basis for an unbalanced and or inconsistently priced proposal, the nature of these approaches and their impact on price must be completely documented. The burden of proof of Price reasonableness rests solely with the offeror.5.3. BASIS OF AWARD MATOCOfferors shall submit responses to all evaluation factors and sub-factors provided in this solicitation. The Offerors shall also provide all pricing information necessary to provide a meaningful basis for Government's analysis and evaluation of price for the seed project chosen for this solicitation. The Government does not intend to request certified cost or pricing data. The Government intends to award multiple Firm-Fixed-Price MATOC awards that conform to the proposal requirements set forth in the RFP and represent the best value to the Government. For the purposes of this solicitation, best value is defined as the most advantageous offer, price and other factors considered, that is consistent with the Government's stated importance of evaluation criteria.In accordance with FAR 15-101-1(b)(2), all evaluation factors other than Price, when combined, are?significantly?more important than Price.The Government intends to make award without discussions. However, the Government reserves the right to hold discussions. If discussions are determined to be needed, the Government may establish a competitive range for the purpose of conducting discussions. Therefore, each initial offer should contain the Offeror's best terms from a price and technical standpoint. Notwithstanding, the Government may conduct discussions with all responsible Offerors who submit proposals and are considered within the competitive range. Offerors submitting proposals determined outside of the competitive range (lacking a reasonable chance of being selected for contract award) will be notified in writing.BASIS FOR AWARD (SEED PROJECT)The Initial Seed Project Task Order provided in this solicitation will be awarded based on lowest price from the successful MATOC award recipients.OTHER ADMINISTRATIVE AND SPECIAL CONTRACT REQUIREMENTS1. CONTRACT ADMINISTRATION1.1 The office having administrative jurisdiction over the MATOC and subsequently issued Task Orders shall be: Network Contracting Office 09 (NCO 09) 1639 Medical Center Parkway STE 400Murfreesboro TN 371291.2 Contracting Officer (CO): Government official authorized to enter into, make changes to, or terminate contracts on behalf of the US Government. Contracting Officers are responsible for ensuring performance of all necessary requirements of the contract, to ensure compliance with the terms of the contract, and safeguard the interests of the US Government in its contractual relationships. 1.3 Modifications: Only the Contracting Officer is authorized to execute modifications on behalf of the Government. Other Government personnel shall not execute contract modifications, act in such a manner as to cause the contractor to believe that they have the authority to bind the Government or direct or encourage the contractor to perform work that should be the subject of a contract modification. In cases where the Contracting Officer receives a request for additional work, revisions to requirements, schedule changes, etc. the Contracting Officer will make the final determination as to the appropriateness of the request. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of the MATOC, the contractor is hereby directed not to proceed with the change and immediately notify the Contracting Officer.1.4 No deviations to the MATOC or subsequently issued Task Orders shall be affected without a formally written modification executed by a warranted Contracting Officer, authorizing such changes, deviations, or waivers.1.5 All correspondence and data submitted by contractors under the MATOC must reference the contract MATOC number, VA Task Order number, project title, and project number (if applicable).1.6 Invoicing and request for payments shall be made through:OB10 to VA Finance Service Center (FSC) Austin TexasOB10 Useful websites Process: va.registration@OB10 Help Desk: 1-877-489-61351.A. CONTRACTING OFFICER'S REPRESENTATIVE (COR)1.A.1. Contracting Officer Representative (COR): Contracting Officers (CO) shall appoint Contracting Officer’s Representative (COR) in writing. The Government representative will evaluate the Contractor’s performance through on-site inspections of the Contractor’s quality control program and receipt of complaints from facility personnel. The COR is not authorized to enter into any agreements, obligate the Government or direct any changes to the contract. 1.A.2. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site may be provided at the post award conference and pre-construction conference when appropriate.1.A.3. The contractor is advised that the only contract administration responsibilities of the COR are the ones delegated by the Contracting Officer in the Contracting Officer’s delegation of authority letter that appoints the COR for the project.2 TASK ORDERING PROCEDURES2.1. All warranted contracting officers assigned to Department of Veterans Affairs Network 09 Contracting Office locations are authorized to issue solicitations and award Task Orders against this MATOC.2.2. A Task Order Request for Proposal (RFP), shall be issued to MATOC contractors when construction services are required. Contractors shall be provided a Statement of Work (SOW), plans and specifications, pertinent supplemental specifications, construction drawings, and any other requirements (e.g. proposal requirements, price schedule, etc.) needed for adequate proposal submission. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense.2.3. Contractors 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 order RFP. Proposals shall include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated for a construction.3. COST FOR PREPARING PROPOSALCosts for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor. Contractors will not be reimbursed for attendance during negotiations, site visits, walk-through or any other TO pre-award activities.4. TASK ORDER ISSUANCE PROCEDURE4.1. Once a project applicable to the MATOC construction contract is identified, the Contracting Officer or his/her authorized designee Contracting Officer Representative (COR), will notify the contractor that a requirement exists for each potential Task Order. The contracting officer will issue a Task Order proposal to all MATOC contractors which shall include a clear Statement of Work (SOW), plans and specifications, pertinent supplemental specifications, construction drawings, period of performance, cost magnitude and any other requirements (e.g. proposal requirements, price schedule, etc.) needed for adequate proposal submission. All further reproduction of the SOW, specifications, and drawings shall be solely at the Contractor's expense. Orders may be issued electronically via e-mail, regular mail or by facsimile.4.2. Task Order proposal shall be Firm-Fixed-Price (FFP) and individually funded. After award of the MATOC, the contracting office may have contractors compete for future Task Orders based on either Price Alone, the Lowest Price Technically Acceptable (LPTA) selection process (see FAR 15.101-2) or Tradeoff selection process (See FAR 15.101-1). Typically, the evaluation methods will correspond with the level of complexity of the identified Task Order project. The determination will be made by the contracting officer and COR. While the CO/COR reserves the right to select the evaluation method for each Task Order, each request for proposal will state the method of selection and describe any non-cost evaluation factors that will be evaluated. To streamline the evaluation process and determination of Task Order award, the CO should consider factors such as Past Performance on previously awarded Task Orders under the MATOC, and take into consideration, quality and timeliness of work performed under the MATOC, and/or other factors that may be relevant to the award of a particular requirement.4.3. 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 in order to satisfy the minimum guarantee.4.4. A site visit will be scheduled with the contractor to verify measurements and elements of work. The contractor, Contracting Officer or his/her duly authorized designee (COR) and/or the project engineer will participate in the site visit. The purpose of the site visit is to familiarize the Government and contractor with the condition of the site, and to identify any special conditions which may be present.4.5. After the site visit has been conducted, the contractor shall submit its proposal to the Contracting Officer at the time specified in the Task Order proposal or as mutually agreed upon by the contractor and the Contracting Officer, but no later than seven (7) working days after the site visit. 4.6 If required the CO will apply liquidated damages amounts per day in the individual Task Order. If the Contractor fails to complete the work within the time specified in a Task Order, or any extension, the Contractor shall pay to the Government as liquidated damages for each day of delay the amount shown in the Task Order for each calendar day until the work is completed.5. TASK ORDER PROPOSAL PRICING METHODIndividual Task Orders will be solicited and competed with Fair Market pricing among all MATOC holders. The Contracting Officer or his/her authorized designee Contracting Officer Representative (COR) will notify the contractor that a requirement exists for each potential Task Order.6. TASK ORDER FAIR OPPORUNITY COMPETITION6.1. Each MATOC contractor will be provided a fair opportunity to be considered for a Task Order exceeding $2,000 unless one of the following statutory exceptions applies:The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.It is necessary to place an order to satisfy a minimum guarantee.If the Contractor believes it was not fairly considered for a particular 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.7. TASK ORDER PERFORMANCE PERIODTask Order Period of Performance (POP) shall be determined and provided in the Task Order RFP. Task Orders shall not exceed 365 days. Contracting Officers reserve the right to negotiate for accelerated performance periods at the individual Task Order level.8. TASK ORDER AWARD DECISION8.1 Upon receipt of the contractor’s proposal, the Government will review the proposal for completeness. To the maximum extent practicable, award of Task Orders shall be made without discussions. If negotiations are required, they will commence once the Government has completed their technical and price evaluation. 8.2 The Government may negotiate with the contractor in circumstances performance times, and quantities as applicable.8.3 It should be realized by the contractor that circumstances may prohibit the Government from issuing an individual Task Order even after the receipt and/or negotiation of the contractor’s Task Order proposal. If such circumstances arise, the contracting officer shall have the unilateral right to terminate, at any time, negotiations on a proposed Task Order. Circumstances that may prohibit the Government from issuing an individual Task Order include a lack of funding or changes in program requirements. If such circumstances arise, the Government is not obligated to reimburse the contractor for any costs incurred in the preparation of the Task Order proposal.8.4 The contractor will be working in and around an occupied and operating hospital or another outpatient medical center. The contractor will be required to keep roads, walks and entrances to grounds parking and to occupied areas of buildings clear of construction materials, debris and standing construction equipment and vehicles. Submittals regarding staging of equipment, crane placements, storage of supplies, etc. are required.8.5 Each Task Order proposal is a request for proposal and does not constitute authority to proceed or to incur any cost associated with contract performance. No legal liability shall reside on the part of the Government for any amount until a Task Order is signed by the Contracting Officer.9. OPTION FOR INCREASED QUANTITY ON TASK ORDERS9.1. The 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.9.2. In the event the option is not exercised within the time period specified in the order under FAR 52.217-8, 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. 9.3. 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.10 EXERCISE OF MATOC OPTIONSEach time the Contracting Officer exercises an option to extend the term of the contract, the Contracting Officer must modify the contract to incorporate the most current wage determination. The Contracting Officer will at this time evaluate the risks that may arise from nonresponsive or nonperforming Contractors by using “on-ramp” and “off-ramp” procedures. By using on-ramp procedures, the Contracting Officer reserves the right to evaluate the market to determine if it’s in the Department of Veteran Affairs (VA) best interest to award a MATOC to additional qualified Contractors. By using off-ramp procedures, the Contracting Officer may elect to remove Contractors from a MATOC that have poor performance or have failed to submit acceptable proposals for any of the projects which they were qualified. These procedures help to mitigate risks by allowing the VA to add and/or remove Contractors dependent on market conditions and performance.11. MINIMUM/MAXIMUM CONTRACT VALUE11.1. The MINIMUM single Task Order award amount shall be $2,000.00. 11.2. A MAXIMUM single Task Order award amount shall not exceed $2M. 11.3. Maximum Program Ceiling: $40,000,000.00, inclusive of base and all options. 12. BONDS12.1 Any bonds furnished under the resultant Task Order by the contractor shall be executed on Standard Form 25 (Performance Bond) and Standard Form 25A (Payment Bond) with original signature prior to commencement of the Task Order. The cost of the premiums for Performance and Payment Bonds shall be identified as a separate cost for each construction Task Order in the amount of $150,000 or more. 12.2 The performance and payment bonds shall be delivered to the Contracting Officer no later than ten (10) calendar days after receipt of notice of Task Order award or as mutually agreed to between the contracting officer and contractor. 12.3. Penal Sums: The penal sum of the initial performance and payment bonds is $150,000. The contractor shall not begin work until both bonds are properly executed and furnished to the Contracting Officer.12.4. The furnishing of bonds is a part of contract performance, and failure to provide bonds within the timeframe specified shall be grounds for default and cancellation of MATOC.13 NOTICE TO PROCEED (NTP) PER TASK ORDER ISSUED: 13.1 Permits: The contractor shall develop, coordinate, and assist in applying for and obtaining all, federal, state, local, and other applicable permits, access (including off-base easements and leases), agreements, licenses, and certifications required to perform and complete each TO. The Contractor shall maintain a library of these documents at the contractor’s site office on base as well as the corporate facility handling each TO. The Contractor shall comply with all applicable permit conditions. The Contractor shall notify the Contracting Officer or representative of any delay occurring in obtaining the necessary permits or approvals.13.2 The NTP will be issued immediately after verification of acceptable submittals as required in the Task Order RFP. Physical work shall not start until the all required submittals have been submitted and approved. 14. CONTRACTOR TASK ORDER PROJECT MANAGER AND EMPLOYEES/LIQUIDATED DAMAGES14.1 For each Task Order issued to the Contractor, the Contractor shall designate a Project/Program Manager (PM). The PM shall be the point of contact for the Task Order and shall be responsible for the management and execution of all construction activities in exact accordance with the approved statement of work, Contractor's approved submittals and all applicable federal, state, and local laws and regulations.14.2 The contractor Project/Program Manager assigned to this Contract/Task Order shall be located, either by virtue of his main office or a satellite operation base, within an area permitting a maximum of a four (4) hour response time to the Nashville Medical Center. Said office or satellite base must be operational within 30 days after contract award and throughout the duration of the contract and shall be open for business from 8:00 am to 4:30 pm, Monday through Friday, excluding federal holidays. The Contractor’s Job Superintendent shall be onsite and have direct project control and complete authority to act on behalf of the Contractor in fulfilling the project requirements.14.3 The contractor shall provide the Contracting Officer and COR with telephone numbers at which the contractor or his designated and authorized representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention. The above-mentioned representative, if provided, must have full power and authority to act upon the behalf of the contractor.14.4 Contractor Personnel. The contractor shall be responsible for selecting personnel who are well qualified to perform the required work, for supervising techniques used in their work, and for keeping them informed of all improvements, changes, and methods of operation. In addition:a. The contractor shall take appropriate personnel action, as required, in the event employee(s) become involved with law enforcement authorities as a result of misconduct.b. The Government will not exercise any supervision or control over contractor employees performing work under the contract. Such employees shall be accountable solely to the contractor, not the Government. The contractor, in turn, shall be accountable to the Government for contractor employees.c. Contractor employees shall not be considered Government employees for any purpose under this contract or subsequent Task Order.14.5 Future Task Orders of this IDIQ contract may require liquidated damages due to the inherent nature and criticality of meeting the stated period of performance. All firms who will be submitting a competitive proposal will be aware of (All Calculated Financial Loss/Damages) resulting in each additional day the contractor exceeds the period of performance. 15. PROTESTSIn accordance with FAR 16.505(a)(10)(i)(ii), 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, performance period or maximum value of the contract.16 TASK ORDER STATUS REPORTS:16.1 The Contractor shall prepare and submit a construction progress report for each Task Order. The format and content of the report will be approved by the Contracting Officer. The report shall be used to review and evaluate the overall progress of the project, along with any existing or potential problem areas. The Contractor shall report the progress and document all key events on a weekly basis.16.2 The report shall include a summary of the events that occurred during the reporting period, discussion of performance, identification of problems, proposed solutions, corrective actions taken, and outstanding issues. Information shall also include the MATOC contract number, Task Order number, title of Task Order, issue date, Task Order description, Task Order award date, start date, dollar amount, required completion date, actual completion date (if completed), schedule of progress and actual progress percentage, and comments.17. MEETING REQUIRED. 17.1 The contractor shall perform a site visit and/or attend a pre-proposal conference, a post-award conference, or pre-construction conference as specified in the TO. The contractor also shall attend and/or support meetings and teleconferences to discuss technical or regulatory issues and project progress and status. The purpose of the meetings includes, but are not limited to, contract discussion, progress reviews, planning, construction reviews, project status, and the general exchange of information concerning current and future activities. The contractor shall prepare briefings with all applicable material and minutes for all meetings attended. 17.2 During the site visit on each Task Order, the contractor shall confer with the applicable COR, and agree on a sequence of procedures and means of access to premises and buildings; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors; stairways and similar means of passage; and the location of partitions, eating spaces and restrooms for the contractor’s employees.18. PRE-CONSTRUCTION CONFERENCE18.1. Initial conference: When determined appropriate by the Contracting Officer, before the issuance of the first Task Order under the contract, a pre-proposal conference may be conducted to acquaint the contractor with Government policies and procedures that are to be observed during the prosecution of the work, and to develop mutual understanding relative to the administration of the contract. It is strongly suggested that the contractor’s Project Manager, Quality Control Manager, Superintendent, and other appropriate employees attend this meeting.18.2. Individual Task Order conference: At the discretion of the Contracting Officer, or his/her authorized representative, a pre-construction conference may be conducted prior to the commencement of work on individual Task Orders. 18.3. A clearly defined Period of Performance will be specified in the Task Order Request for Proposal. That completion time will be closely monitored and strictly enforced. 18.4. Preconstruction Safety Meetings: Representatives of the contractor shall meet with the Contracting Officer or COR prior to the start of repair, alteration, or construction activities for purpose of reviewing the contractor’s safety and health programs, and discussing implementation of all safety and health provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or unhealthy conditions associated with the work to be performed under the contract. This meeting may be held in conjunction with the Preconstruction conference, if so directed by the Contracting Officer or his/her designated representative. The conduct of this meeting is not contingent upon a general Preconstruction meeting. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The contractor’s principal representative(s), the general superintendent and his/her safety representative(s) shall attend this meeting.18.5. Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury or death. Contractors are required to report timely any accidents or injuries to the Contracting Officer. The contractor will be financially responsible and will incur all costs for any work completed outside the scope of work of each TO that is not authorized and approved by the CO of record.19. PROPOSED KEY PERSONNEL AND SUBCONTRACTORS19.1 Project Manager: The project manager shall be responsible for the overall management of all tasks performed under this contract and shall be the primary point of contact for contractual issues. The project manager shall be assigned by the contractor upon award of the contract. He/ She shall be responsible for ensuring that effective systems are developed to meet the objectives of the required tasks. The project manager shall also ensure that quality work is completed on schedule and within the allocated budget. 19.2 Project Superintendent: The Project Superintendent shall evaluate the requirements on specific TOs and shall develop and implement a plan to meet those requirements. He/ She shall be the primary point of contact for a specific project. The contractor shall notify the CO in writing of the intended Project Superintendent at the Pre-Construction Conference and before the issuance of the Notice to Proceed. If the Project Superintendent is changed during the TO period of performance, the contractor shall notify the CO in writing of the intended replacement. 19.3 Contract Manager: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate, who shall act on behalf of the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer. The Contracting Officer shall be notified of any future changes to the names of the designated person(s). The contract manager shall have full authority to act on behalf of the Contractor on all contract matters relating to the daily operation of this contract. The contract manager and/or alternate shall be available during normal duty hours, within one workday, to meet with Government personnel to discuss problem areas and shall be able to read, write, speak and understand English. 20. SPECIFICATIONS AND DRAWINGS FOR CONTRACTOR (AS-BUILT)20.1 One electronic copy of construction documents (drawings and specification) will be provided to the Contractor. Additional sets of drawings may be made by the Contractor, at Contractor's expense, from electronic files furnished in the Task Order. Only those sections of the Master Specifications that are provided to the contractor shall apply to that Task Order. 20.2 The contractor shall maintain at least two full size sets of as-built drawings that must be kept current during construction of the project, to include full incorporation of all contract changes, modifications, and clarifications. 20.3 To insure compliance, as-built drawings shall be made available for the COR’s and Contracting Officer’s review as often as requested. 20.4 Contractors shall deliver two approved completed sets of as-built drawings, including one on CD to the COR prior to the final inspection and the acceptance of the project by the CO.20.5 Paragraphs 20.1, 20.2, 20.3, and 20.4 shall also apply to all shop drawings.21 GENERAL WAGE DETERMINATIONS21.1. Wage determinations will be incorporated into the base contract, and if option periods are exercised, new determinations will be incorporated into the contract. 21.2. Applicable Davis-Bacon wage rates will be identified for all Task Orders issued under a MATOC and shall be current at the time of Task Order award. The contractor shall pay wages in accordance with the Davis-Bacon wage determinations incorporated in the contract. 21.3 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 SCHEDULING OF WORK22.1 Schedule: The contractor shall maintain a detailed working schedule that facilitates the management of the project work and provides the capability for early identification of potential schedule impacts. The contractor shall provide a construction cost loaded schedule (Gantt Chart). Schedule shall be realistic and one that the contractor can accomplish. It shall, at a minimum, address contractors’ time approach for a submittal, mobilization, construction/renovation execution, final inspection, demobilization, and close out. The schedule should clearly identify critical activities, interdependencies, and float. An orderly, logical outline shall be presented identifying simultaneous and concurrent activities. The current schedule shall be maintained and updated at least monthly to accurately reflect program progress and provide realistic forecast projections. The contractor shall provide schedule updates at either a detailed level or a summary level as requested by the CO or COR. Additionally, schedule updates that reflect actual schedule progress shall be submitted on contractor form or as approved by the CO. Specific schedule and report requirements will be identified in each TO.22.2 Before commencement of work under an individual Task Order, the contractor shall confer with the Contracting Officer’s Representative and agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for contractor employees; and the like.22.3 At the beginning of each working day, the contractor shall notify the Contracting Officer’s Representative of the location(s) of work to be accomplished that day. 22.4 Contractor is required to submit requests to perform work resulting in Interim Life Safety Measures (ILSMs) and utility shutdowns a minimum of 96 hours prior to the proposed impact.23. CONTRACTOR ACCESSMost work will be performed in occupied areas. The contractor shall have access to that portion of the area within which work is to be performed. The movement of contractor personnel, its equipment, materials, and tools shall be confined to area so as not to interfere with ongoing operations in the work areas. The contractor’s access to any area shall be in coordination with a fully functioning medical facility. Contractor shall coordinate the activities with the COR. 24. WORK HOURS24.1 Normal facility work hours for Contractors shall be Monday through Friday between the hours of 7:00 AM through 4:30 PM excluding Federal Holidays. If a Contractor desires to work during periods other than above, they must notify the Contracting Officer at least three (3) working days in advance of his desire to work during other periods to allow for a determination of availability of additional inspection forces, impact on existing health care and facility operations, and for notification of fire, security and safety personnel. When the Contracting Officer determines that there are no adverse impacts to health care and facility operations, and that inspection forces are reasonably available, he/she may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount. 24.2 Critical care areas may require work to be done outside the normal work hours. These critical care areas include the Intensive Care Unit, the Emergency Room, specialty Clinics and related exam rooms.24.3 The following Federal legal Holidays are observed:New Year's Day1 JanuaryMartin Luther's King's BirthdayThird Monday of JanuaryPresident's DayThird Monday of FebruaryMemorial DayLast Monday of MayIndependence Day4 JulyLabor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberVeteran's Day11 NovemberThanksgiving DayFourth Thursday in NovemberChristmas Day25 December25. SECURITY SUITABILITY PROGRAM25.1 Contractors shall comply with VA Directive 0710, VA Handbook 0710, and all security regulations imposed by the Facility Director, VA Police and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work. 25.2 All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform work is the NACI (National Agency Check with Written Inquiries). This requirement is applicable to all subcontractor personnel requiring the same access25.3 Contractors shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days. 25.4 The requirements of VHA Handbook 6500.6 Contract Security shall apply to individual Task Orders as established in VA Directive 0710. The individual Task Orders will identify the appropriate appendices to VHA Handbook 6500.6 that shall apply.25.5 In accordance with VA Acquisition Security Requirements, all appropriate personnel security clauses shall be incorporated into the MATOC and will be applicable to all subsequently issued Task Orders.26. SECURITY REQUIREMENTS (GENERAL)26.1 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.26.2 At the close for each work period, Government facilities, equipment and materials shall be secured, lights, and all doors and window secured.26.3 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 wellbeing 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.26.4 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.26.5 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.26.6 All contractors and subcontractors when working in a Controlled, Restricted or other sensitive areas must be escorted at all times. The 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.26.7 Contractor Badge Policies: All requests for contractor ID badges will be submitted through the station Police office.26.8 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.26.9 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 Police. Also, before a new badge will be issued, VA 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.26.10 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.26.11 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.27 JOB SITES:27.1. Most work will be performed in occupied areas. The contractor shall have access to that portion of the area within which work is to be performed. The movement of contractor personnel, equipment, materials, and tools shall be confined to this area so as not to interfere with ongoing hospital operations.27.2. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. VA personnel shall not assist with shipments or deliveries that are made to the job site. Government personnel will not be responsible for accepting, receiving, storing, or delivery of contractor or sub-contractor materials or equipment. 27.3 The contractor shall be responsible for providing all work site protective barriers and site control devices. This includes, but is not limited to protective fences, protective tapes and protective signage. The contractor shall be responsible for providing all necessary traffic control (i.e., street blockages, traffic cones, and flagman) at no additional cost to the Government. Proposed traffic control methods shall be submitted to the COR for final approval. No street or access way shall be completely closed to traffic without prior approval from the COR.27.4 The contractor shall take all precautions to ensure that no damage to private or public property will result from their operations. If such damages occur, the contractor shall make all necessary repairs and/or replacements at no cost to the Government.28. OPERATIONS AND STORAGE AREAS28.1 The Contractor shall ensure the on-site management, transportation, storage, treatment, and disposal of any and all hazardous/special waste materials encountered complies with all federal, state, and local laws and regulations. 28.2 Contractors shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer or COR. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. 28.3 Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by Contractors only with the approval of the Contracting Officer and shall be built without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.28.4 The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.28.5 Working space and space available for storing materials shall be as determined by the COR in writing.28.6 Workers are subject to rules of the Tennessee Valley Healthcare System applicable to their conduct.28.7 Execute work so as to interfere as little as possible with normal functioning of the Medical Center as a whole, including operations of utility services, fire protection systems and any existing equipment, and with work being done by others. Use of equipment and tools that transmit vibrations and noises through the building structure, are not permitted in buildings that are occupied, during construction, jointly by patients or medical personnel, and Contractor's personnel, except as permitted by COR where required by limited working space.29. SAFETY ASSURANCE29.1 Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subpart A. All work shall comply with applicable federal, state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. 29.2 Accident Notification/Report. In the event of a job-related accident, the Contractor shall immediately notify the Contracting Officer’s Representative (COR) and shall prepare a Report of Accident (VA Form 2162 or equivalent) in quadruplicate and forward the original and two copies to the Contracting Officer or COR for forwarding to Safety Officer for construction projects. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury." 29.3 Contractor Responsibility. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work. The Government shall not be held liable for any action on the part of the Contractor, his employees or Sub-contractor, which result in illness, injury or death.29.4 Crawl spaces and attics are to be treated as confined space entry. Contractor must follow 29CFR 1910.146 and use VA furnished Form entitled Required Confined Space Entry Permit when making an entry. NOTE: A confined space does not include areas above suspended acoustical tile ceiling.29.5 Where an employee can fall more than 6 feet, a fall protection system must be used; 29 CFR 1926.500 stipulates where this occurs and the different types of fall arrest systems.29.6 When the Contractor is working in buildings that are occupied by Government personnel, the Contractor must provide Material Safety Data Sheets (MSDS) to the Contracting Officer before they begin the work.29.7 All references to protection of the site and adjacent buildings when trenching, shall include protection of all employees also.29.8 Inspections, Tests and Reports. Required inspections, tests and reports made by the Contractor, Sub-contractor, specially trained technicians, equipment manufacturers and other as required, shall be at the Contractor’s expense.29.9 Materials and Equipment. Special facilities, devices, equipment, clothing and similar items used by the Contractor in the execution of work shall comply with applicable regulations.29.10 Traffic Control Devices. The Contractor shall comply with the recommendations contained in Part 6 of the U. S. Department of Transportation, Federal Highway Administrations “Manual on Uniform Traffic Control Devices”, available at , to ensure proper warnings to motorists and adequate traffic control. The Contractor shall provide all warning lights, barricades and other traffic control devices and signs.30. OSHA REQUIREMENTS30.1 Contractors are required to comply with the Occupational Safety and Health Act of 1970. This will include the safety and health standard found in Code of Federal Regulations (CFR) 1910 and 1926. Copies of those standards can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20420.30.2 In addition, contractors will be required to comply with other applicable medical center policies and safety regulations. These policies and regulations will be presented to the contractor at the preconstruction meeting. Each of the contractor’s employees will be required to read the statement of policies and regulations and sign an acknowledgment that such policies and regulations are understood. Signed acknowledgment will be returned to the appointed Contracting Officer’s Representative (COR).30.3 Contractors involved with the removal, alteration or disturbance of asbestos-type insulation or materials or lead paint will be required to comply strictly with the regulations found in CFR 1910.1001 and the appropriate Environmental Protection Agency (EPA) lead regulations regarding disposal of asbestos or lead paint. Assistance in identifying asbestos or lead can be requested from the medical center’s Industrial Hygienist and the Project Engineer.30.4 Contractors entering locations of asbestos contamination or lead paint residue (i.e., pipe, basements, walls, windows) shall be responsible for providing respiratory protection to their employees and ensuring respirators are worn in accordance with the Occupational Safety and Health Administration (OSHA) [CFR 1910.1001(g)]. Asbestos or lead paint contaminated areas shall be defined on project drawings. The minimum equipment requirements will be a half-mask air-purifying respirator equipped with high efficiency filters and disposable coveralls, or as determined by air monitoring results.30.5 Contractors must submit a complete list of chemicals that will be used and Material Safety Data Sheets (MSDS) for all hazardous materials at least 2 weeks prior to bringing any materials on-site as defined in OSHA 1910.1200(d), Hazard Determination. The Contracting Officer shall have final approval of all materials brought on site.30.6 Contractors will be held solely responsible for the safety and health of their employees. The contractor will also be held responsible for protecting the health and safety of the VA Community (patients, staff, and visitors) from the unwanted effects of construction. VA staff will monitor the contractor's performance in complying with all safety and health aspects of the project. Severe or constant violations may result in an immediate work stoppage or request for an evaluation by a Compliance Officer from OSHA.30.7 During all phases of demolition, construction, and alteration, contractors are required to understand and strictly follow National Fire Protection Association (NFPA) 241, Standard for Safeguarding Construction, Alteration, and Demolition Operations. The medical center’s Safety and Occupational Health Specialist or Industrial Hygienist will closely monitor the work area for compliance. Appropriate action will be taken for non-compliance. 31. ENVIRONMENTAL REQUIREMENTS/POLLUTION ABATEMENT31.1 The Contractor shall be cognizant of all appropriate environmental laws, regulations, and guidelines. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the CO31.2 All work shall be performed in a manner minimizing pollution of air, water and land as required.31.3. 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.31.4 Burning of any material is strictly prohibited.31.5 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.31.6 Flushing of concrete trucks is restricted to the location specifically pre-approved for this purpose by the Contracting Officer’s Representative.31.7 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.31.8 Notification: The contractor shall notify the CO and PM of critical issues that may affect the contract performance and/or human health and the environment. The types of issues that require notification include, but are not limited to, health risks, spills, improper utility location, differing site conditions, changes in critical personnel, and identification of hazardous materials, e.g. asbestos. 32. TOILET FACILITIESThe contractor’s personnel will be permitted to use toilet facilities on the premises subject to regulation and control of the Contracting Officer’s Representative. In the event none are available, the contractor shall, at his own expense, provide portable facilities, as required. In addition, toilet facilities desired at the contractor’s management office shall be provided at the expense of the contractor33. WORK BY THE GOVERNMENTThe Government reserves the right to undertake performance by Government forces or other contractors, for the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.34. NOTICE OF CONSTRUCTIVE CHANGES: No order, statement or direction of the Contracting Officer Representative (COR), 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.Notification: The contractor shall notify the CO and COR of critical issues that may affect the contract performance and/or human health and the environment. The types of issues that require notification include, but are not limited to, health risks, spills, improper utility location, differing site conditions, changes in critical personnel, and identification of hazardous materials, e.g. asbestos. 35 WARRANITYThe Contractor shall complete all inspections and commissioning requirements prior to Final Inspection. Any and all warranties shall be issued in conjunction with the Final Report. Extended warranties offered by the Contractor and its subcontractors or suppliers may be accepted at the Government’s discretion. 36. SCHEDULING OF PRE-FINAL AND FINAL INSPECTIONS36.1 Notification for Pre-final Inspection. 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. 36.2. The project shall be 100% complete prior to the contractor submission of a Request for Pre-final inspection. 36.3 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. 36.4 The Contracting Officer is responsible for furnishing a complete punch list, in writing, to the Contractor. Items noted on the punch list will be completed prior to scheduling a final inspection. As-built drawings, real property data, warranties, manuals, etc., may be turned-in at time of final inspection. 36.5 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.36.6 Notification for Final Inspection. When the Contractor is ready for final inspection, he shall request so in writing to the Contracting Officer and his duly authorized representative (COR) at least 5 days prior to the desired date.36.7 Final Inspection. The final inspection will be performed with the Contractor by the Contracting Officer, Contracting Officer Representative (COR), consultant team, and/or representative of the using activity. Discrepancies noted will be corrected within the time specified by the Contracting Officer.36.8 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.37 REPORT OF ERROR AND DISCREPANCIES37.1 Contractors shall promptly notify the Contracting Officer in writing of any discrepancies. Contractors shall be responsible for any and all discrepancies in work due to failure to obtain dimensions and investigate conditions at the building before fabrication and installation.37.2. Contractors shall bear all costs in replacing all materials and labor due to not observing the above paragraph and such replaced materials shall meet the approval of the Contracting Officer.37.3. Any proposed changes to the specifications by the Contractor must be submitted in writing to the Contracting Officer for approval prior to implementation.38 CONTRACTOR QUALITY CONTROL & SAFETY ASSURANCE:38.1 No later than 10 calendar days after contract award, the contractor shall submit a Quality Control (QC) Plan to the Contracting Officer. The QC Plan must be approved by the Contracting Officer prior to commencement of work on individual Task Orders. Failure to implement or maintain an adequate QC Plan shall be cause for a default termination of the contract. The QC plan must contain, as a minimum, the following items: A description of the quality control organization, including an organization chart showing lines of authority and acknowledgement that the QC staff shall report to the project manager or someone higher in the Contractor's organizationThe qualifications, duties, responsibilities, and authorities of each person assigned a quality control function; A copy of the letter to the Quality Control Manager, signed by an authorized official of the firm, which describes the responsibilities and delegates the authorities of the Quality Control Manager, shall be furnished; Procedures for scheduling and managing submittals, including those of subcontractors, offsite fabricators, suppliers, and purchasing agents; Testing & inspection procedures including internal and external reporting procedures; and Methods used to ensure that all applicable OSHA regulations are adhered to.38.2 The Contractor shall assume full responsibility and liability for compliance with all applicable OSHA regulations pertaining to the health and safety of personnel during the execution of work and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury, or death. Contractors are required to report any accidents or injuries that occur on the job. 39 EVALUATION OF CONTRACTOR PERFORMANCE39.1 Contractor performance shall be evaluated upon completion of each Task Order. Interim evaluations may be prepared at any time during contract performance when it is determined to be in the best interest of the Government. 39.2 Evaluations may be required to be processed through the Contractor Performance Assessment Reporting System (CPARS), and/or Federal Awardee Performance and Integrity Information System [FAPIIS]). 39.3 Contractors are required to designate a point of contact (POC) to receive notification of performance evaluations for the MATOC and subsequently issued Task Orders. The POC must maintain a current email address on file with the Contracting Officer and COR. Contracting Officers must be notified of any changes to the POC.40 ENERGY AND WATER EFFICIENCY AND RENEWABLE ENERGY40.1The Government’s policy is to acquire supplies and services that promote energy and water efficiency, advance the use of renewable energy products, and help foster markets for emerging technologies.40.2 The Contractor shall include the provisions of energy-using products for construction, renovation, or maintenance of a public building by acquiring energy-using products designated by the Department of Energy’s Federal EnergyManagement Program (FEMP).40.3 Comply with all applicable clauses incorporated in the contract.STATEMENT OF WORKGENERAL INFORMATION Title of Project: Project# 626-18-101 “Correction for Life Safety Compliance”General Intention: The contractor shall furnish all labor, material, equipment and supervision necessary to accomplish the work for Project# 626-18-101 "Correction for Life Safety Compliance” at the Tennessee Valley Healthcare System, VA Medical Center, 1310 24th Ave., S., Nashville, TN 37212 in accordance with the specifications and drawings titled “Correction for Life Safety Compliance”. STATEMENT OF BID ITEM(S) BID ITEM I, GENERAL CONSTRUCTION: Provide all labor, material, equipment, and supervision necessary to complete all work for the above-mentioned project. Work includes general construction, demolition, electrical, mechanical, and certain other items to make life safety compliance corrections to the facility. BID ALTERNATE NO. 1: Same as BID ITEM I except eliminate all fire protection work shown on drawings FX1.00 – FX1.41.BID ALTERNATE NO 2: Same as BID ALTERNATE NO. 1 except eliminate all work in Stair #8.Period of Performance is 270 calendar days from the issuance of the Notice to Proceed. GENERAL REQUIREMENTSAll work including materials shall be warrantied for a period of one year, or as noted in project specifications.Normal working hours are Monday thru Friday from 7:00 a.m., CST to 4:30 p.m, CST.Contractor can work nights and weekends to perform this work and maintain functionality of affected areas, and to minimize disruptions to the Medical Centers operations. Weekend and evening work shall be identified on the project schedule submitted by the contractor and approved by the VA before work begins.Contractor shall coordinate all work through the VA COR Timothy Moran @ Office: 615-873-7055, Cell: 615-406-7081 or by email TIMOTHY.MORAN2@.The contractor superintendent shall be on site at all times during the performance of work associated with this contract.Contractor employees shall not be considered Government employees for any purpose under this requirement.All labor, materials, equipment to perform the job; When “furnish”, “provide”, “install” or similar term is used, it shall mean a complete installation, ready for use.The contractor shall identify all employees that will be working under the awarded contract. Contractor personnel shall include employees and sub-contractors entering the medical center. Those employees shall bring photo ID to obtain a VA Contractor identification badge that shall be worn above the belt at all times while on the medical center property. Contractor’s employees shall return all I.D. badges to the VA COR at the end of the period of performance of the contract. Lost badges will result in a surcharge.The safety manager is responsible for safety inspections of all contract operations and will identify any deficiencies to the contractor. All VA and OSHA safety regulations shall be observed during the performance of work that is identified on this contract. It is the safety manager’s responsibility to provide signage and barricades, as required, to maintain safety and protection of work around project work site. The contractor shall visit the job site to thoroughly familiarize himself with all the details of the required contract work and working conditions. The contractor shall also verify all dimensions in the field and shall advise the Contracting Officer and COR of any discrepancy before performing any work. The contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of all employees and workmen.Under no circumstances shall the contractor allow smoking in any building and shall ensure all employees smoke only in designated outdoor areas.The Contractor does not have assigned parking and is responsible for parking in authorized locations only. Drivers should be particularly concerned with Pedestrian traffic; yield to pedestrians in crosswalks. Seat Belt use is mandatory on all VA grounds.The Contractor shall at all times keep their work area, including any areas where materials/equipment is being stored, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.Due to space limitations, contractor may or may not be provided limited space for a staging area. For equipment/material that is no longer needed, the contractor is responsible for disregarding all waste. A staging area will be determined by the COR. Parking is not authorized in the staging area.INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS2.1 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)2.2 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)2.3 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 trade15.8 %6.9 % 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" isDavidson CountyRutherford County(End of Provision)2.4 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)2.5 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: Douglas Crowley Hand-Carried Address: Department of Veterans Affairs Network Contracting Office 09 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Mailing Address: Department of Veterans Affairs Network Contracting Office 09 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 (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)2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (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. (b) An organized site visit has been scheduled for— TO BE DETERMINED ON AN INDIVIDUAL TASK ORDER BASIS (c) Participants will meet at— TO BE DETERMINED ON AN INDIVIDUAL TASK ORDER BASIS(End of Provision)2.7 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)2.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) (a) The Contractor shall conform to the standards established by: Standars of Department of Veterans Affairs Hospital Standard Master Federal Specifications as to .(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards. (c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Standars of Department of Veterans Affairs Hospital Standard (d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.(End of Provision)2.9 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)2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) (a) Any protest filed by an interested party shall— (1) Include the name, address, fax number, email 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)2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) (a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@. (b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.(End of Provision)2.12 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 Clause)2.13 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) (a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement. (c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. (End of Clause)REPRESENTATIONS AND CERTIFICATIONS3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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 in SAM accessed through . After reviewing the SAM 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)3.2 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)3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (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, which can be accessed via (see 52.204-7).(End of Provision)GENERAL CONDITIONS4.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments— (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by— (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for— (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.(End of Clause)4.2 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 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within Per TO 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 Per TO days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.(End of Clause)4.4 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $0.00 for each calendar day of delay until the work is completed or accepted. (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)4.5 52.211-13 TIME EXTENSIONS (SEPT 2000) Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.(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 date of award through July 31, 2020. (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, 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— (1) Any order for a single item in excess of $2M; (2) Any order for a combination of items in excess of $2M; or (3) A series of orders from the same ordering office within 10 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 August 1, 2020.(End of Clause)4.10 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 of option ending.(End of Clause)4.11 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 of option ending; 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 (5) years (Base Year and 4 Options).(End of Clause)4.12 52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).(End of Clause)4.13 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Applicability. This clause applies only to— (1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and (3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for— (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. (3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. (4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.(End of Clause)4.14 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011) (a) Definition. "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). (b) Applicability. This clause applies only to— (1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns; (2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and (3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern. (d) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for— (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns. (e) A joint venture may be considered a service-disabled veteran owned small business concern if— (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b) (f) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)4.15 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 .[Contractor to sign and date and insert authorized signer's name and title].(End of Clause)4.16 52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS—PRICE ADJUSTMENT (NONE OR SEPARATELY SPECIFIED METHOD) (AUG 2018) (a) The wage determination issued under the Construction Wage Rate Requirements statute by the Administrator, Wage and Hour Division, U.S. Department of Labor, that is effective for an option to extend the term of the contract, will apply to that option period. (b) The Contracting Officer will make no adjustment in contract price, other than provided for elsewhere in this contract, to cover any increases or decreases in wages and benefits as a result of— (1) Incorporation of the Department of Labor's wage determination applicable at the exercise of the option to extend the term of the contract; (2) Incorporation of a wage determination otherwise applied to the contract by operation of law; or (3) An increase in wages and benefits resulting from any other requirement applicable to workers subject to the Construction Wage Rate Requirements statute.(End of Clause)FAR NumberTitleDate52.222-35EQUAL OPPORTUNITY FOR VETERANSOCT 201552.222-40NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACTDEC 2010ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE A. Original Schedule: The following information shall be furnished as minimum for each activity on the initial bar chart schedule. - Activity Description - Estimated Duration - Responsibility (Trade) and Manpower (Crew size) - Planned Start and Completion Dates - Activity Cost B. Updated Schedules and Updating Procedures (1) The contractor shall submit, at intervals of 30 calendar days, an updated bar chart schedule of the actual construction progress. The bar chart schedule shall show the activities or portions of activities started and/or completed during the reporting period and their updated monetary percentage value(s) as a basis for the contractor's monthly progress report (payment request). (2) The contractor shall adjust the activity bars on the bar chart schedule to reflect the actual progress and the remaining activity durations. The updated bar chart schedule shall show at a minimum the following: - Actual start and completion dates for activities started and/or completed during the reporting period. - VA issued changes to the original contract requirements that change the contractor's original sequence of work. - Contractor changes in work sequence, durations, responsibility, manpower, and activity costs. C. All contract changes durations proposed by the contractor shall be reviewed and approved by the Contracting Officer prior to insertion into the updated bar chart schedule. The updated bar chart schedule shall include all contract changes issued during the reporting period. (End of Clause)4.17 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)4.18 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:Lead Glass (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)4.19 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)4.20 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:Lead Glass (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)4.21 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)4.22 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond September 29, 2019 (MATOC Base Year). The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 29, 2019 (MATOC Base Year), until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)4.23 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.(End of Clause)4.24 52.236-4 PHYSICAL DATA (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by: (b) Weather Conditions: (c) Transportation Facilities (d) Other Physical Data(End of Clause)4.25 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)4.26 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)4.27 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (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; and (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 at the current website address provided in the contract. (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). (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), 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)4.28 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) 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) The Contractor shall— (1) Check all drawings and specifications furnished immediately upon receipt; (2) Compare all drawings and the specifications, and verify the figures before laying out the work; (3) Promptly notify the Contracting Officer of any discrepancies; (4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and (5) Reproduce and print contract drawings and specifications as needed. (c) In general— (1) Drawings of greater detail shall govern over drawings of lesser detail unless specifically noted otherwise; and (2) Figures and numerical quantities noted on drawings govern over scale measurements. (d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications. (e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:TitleFileDrawing No.Per TOPer TOPer TOPer TO(End of Clause)4.29 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) (a) In accordance with FAR 52.236–1, the contract work accomplished on the site by laborers, mechanics, and foreman/superintendent on the Contractor’s payroll and under their direct supervision shall be used in establishing the percent of work to be performed by the Contractor. Cost of material and equipment installed by such labor may be included. The work by the Contractor’s executive, administrative and clerical forces shall be excluded in establishing compliance with the requirements of this clause. (b) The Contractor shall submit, simultaneously with the schedule of costs required by the Payments under Fixed-Price Construction Contracts clause of the contract, a statement designating the portions of contract work to be performed with the Contractor’s own forces. The approved schedule of costs will be used in determining the value of a work activity/event, or portions thereof, of the work for the purpose of this article. (c) Changes to established activity/event identifiers or responsibility codes for Contractor activities shall not be made without approval from the Contracting Officer. (d) In the event the Contractor fails to comply with FAR 52.236–1, Performance of Work by the Contractor, the Contracting Officer will withhold retention in the amount of 15% of the value of any work activity/element being invoiced that was not authorized by the Contracting Officer to be performed by someone other than the prime Contractor’s own workforce.(End of Clause)4.30 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) (a) The Contractor shall furnish to the resident engineer, for each workday, a consolidated report for the preceding workday. Reporting shall begin from date of mobilization until the date of final acceptance except for authorized holidays. VA Form 10101, Contractor Production Report, or a Contractor generated form containing the same type of information shall be signed, dated and submitted by the Contractor superintendent. (b) Each report shall include and specifically identify at least one safety topic germane to the jobsite that day.(End of Clause)4.31 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) (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 or subcontractor employee 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, careless, or otherwise objectionable.(End of Clause)4.32 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) ALTERNATE I (APR 2019) (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 subcontractors and their employees. The Contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers. The Contractor shall, in advance of the work, prepare coordination drawings showing the location of openings through slabs, the pipe sleeves and hanger inserts, as well as the location and elevation of utility lines, including, but not limited to, conveyor systems, pneumatic tubes, ducts, and conduits and pipes two inches and larger in diameter. These drawings, including plans, elevations, and sections as appropriate, shall clearly show the manner in which the utilities fit into the available space and relate to each other and to existing building elements. Drawings shall be of appropriate scale to satisfy the previously stated purposes, but not smaller than 3?8-inch scale. Drawings may be composite (with distinctive colors for the various trades) or may be separate but fully coordinated drawings (such as sepias or photographic paper reproducibles) of the same scale. Separate drawings shall depict identical building areas or sections and shall be capable of being overlaid in any combination. The submitted drawings for a given area of the project shall show the work of all trades that will be involved in that particular area. Six complete composite drawings or six complete sets of separate reproducible drawings shall be received by the Government not less than 20 days prior to the scheduled start of the work in the area illustrated by the drawings, for the purpose of showing the Contractor’s planned methods of installation. The objectives of such drawings are to promote carefully planned work sequence and proper trade coordination, in order to assure the expeditious solutions of problems and the installation of lines and equipment as contemplated by the contract documents while avoiding or minimizing additional costs to the Contractor and to the Government. In the event the Contractor, in coordinating the various installations and in planning the method of installation, finds a conflict in location or elevation of any of the utilities with themselves, with structural items or with other construction items, he/she shall bring this conflict to the attention of the Contracting Officer immediately. In doing so, the Contractor shall explain the proposed method of solving the problem or shall request instructions as to how to proceed if adjustments beyond those of usual trades’ coordination are necessary. Utilities installation work will not proceed in any area prior to the submission and completion of the Government review of the coordinated drawings for that area, nor in any area in which conflicts are disclosed by the coordination drawings, until the conflicts have been corrected to the satisfaction of the Contracting Officer. It is the responsibility of the Contractor to submit the required drawings in a timely manner consistent with the requirements to complete the work covered by this contract within the prescribed contract time. (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 or subcontractor employee 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, careless, or otherwise objectionable.(End of Clause)4.33 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)4.34 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)4.35 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)4.36 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)4.37 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)4.38 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT 2018) The clause 52.246–21, Warranty of Construction, is supplemented as follows: Should the Contractor fail to complete the work or fail to proceed promptly to provide guarantee period services after notification by the Contracting Officer, the Government may, subject to the default clause contained at FAR 52.249–10, Default (Fixed-Price Construction), and after allowing the Contractor 10 days to correct and comply with the contract, terminate the right to proceed with the work (or the separable part of the work) that has been delayed or unsatisfactorily performed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damages to the Government resulting from the Contractor’s refusal or failure to complete the work within this specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.(End of Clause)4.39 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.4.40 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)4.41 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) (a) Definitions. As used in this clause—Covered article means any hardware, software, or service that— (1) Is developed or provided by a covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a covered entity. Covered entity means— (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from— (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at . For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at . (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.(End of Provision)4.49 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995) If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed. TO BE DETERMINED IN EACH TASK ORDER4.42 28.307-2 LIABILITY (a) Workers’ compensation and employer’s liability. Contractorsare required to comply with applicable Federal andState workers’ compensation and occupational disease statutes.If occupational diseases are not compensable underthose statutes, they shall be covered under the employer’s liabilitysection of the insurance policy, except when contractoperations are so commingled with a contractor’s commercialoperations that it would not be practical to require this coverage.Employer’s liability coverage of at least $100,000 shallbe required, except in States with exclusive or monopolisticfunds that do not permit workers’ compensation to be writtenby private carriers. (See 28.305(c) for treatment of contractssubject to the Defense Base Act.)(b) General liability. (1) The contracting officer shallrequire bodily injury liability insurance coverage written onthe comprehensive form of policy of at least $500,000 peroccurrence.(2) Property damage liability insurance shall berequired only in special circumstances as determined by theagency.(c) Automobile liability. The contracting officer shallrequire automobile liability insurance written on the comprehensiveform of policy. The policy shall provide for bodilyinjury and property damage liability covering the operation ofall automobiles used in connection with performing the contract.Policies covering automobiles operated in the UnitedStates shall provide coverage of at least $200,000 per personand $500,000 per occurrence for bodily injury and $20,000per occurrence for property damage. The amount of liabilitycoverage on other policies shall be commensurate with anylegal requirements of the locality and sufficient to meet normaland customary claims.There shall be no exclusionary clauses added to this contract for any asbestos related work that would void the required General Liability insurance.FAR NumberTitleDate52.219-16LIQUIDATED DAMAGES—SUBCONTRACTING PLANJAN 199952.222-1NOTICE TO THE GOVERNMENT OF LABOR DISPUTESFEB 1997CONSTRUCTION DATA PRICE ADJUSTMENTS (1) The R.S. Means, Inc. 'Facilities Construction Cost Data' is the database to be used on this contract for pricing all pre-priced items. (2) Prior to the Government exercising contract options, economic price adjustments to the pre-priced items will occur annually in accordance with and upon receipt of the current ediiition of the R.S.Means. (3) The annual construction database price adjustments shall apply to 'Bare Costs' (excluding Division - General Requirements) and the City Cost Index, as descripbed in R.S. Means, Inc., 'Facilities Construction Cost Data.' The 'Bare Cost' includes material, labor, and equipment costs as indicated in the database. The coefficient shall be negotiated and agreed to prior to initial contract award for the base year and for each of the option years. (4) The contractor shall use the established prices in effect as of the date of request from the Government for an individual task order proposal. (End of Clause)4.43 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 POSTCONSUMER FIBER CONTENT PAPERMAY 201152.204-7SYSTEM FOR AWARD MANAGEMENTOCT 201852.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSOCT 201852.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCEOCT 201852.204-15SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTSOCT 201652.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 201652.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201652.204-22ALTERNATIVE LINE ITEM PROPOSALJAN 201752.209-6PROTECTING 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 201152.215-1INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITIONJAN 201752.215-2AUDIT AND RECORDS—NEGOTIATIONOCT 201052.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.219-8UTILIZATION OF SMALL BUSINESS CONCERNSOCT 201852.219-9SMALL BUSINESS SUBCONTRACTING PLANAUG 201852.222-3CONVICT LABORJUN 200352.222-4CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATIONMAY 201852.222-6CONSTRUCTION WAGE RATE REQUIREMENTSAUG 201852.222-7WITHHOLDING OF FUNDSMAY 201452.222-8PAYROLLS AND BASIC RECORDSAUG 201852.222-9APPRENTICES 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 201552.222-36EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESJUL 201452.222-37EMPLOYMENT REPORTS ON VETERANSFEB 201652.222-41SERVICE CONTRACT LABOR STANDARDSAUG 201852.222-50COMBATING TRAFFICKING IN PERSONSJAN 201952.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONOCT 201552.223-2AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTSSEP 201352.223-3HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATAJAN 199752.222-55MINIMUM WAGES UNDER EXECUTIVE ORDER 13658DEC 201552.222-62PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706JAN 201752.223-5POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATIONMAY 201152.223-6DRUG-FREE WORKPLACEMAY 200152.223-9ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS ALTERNATE I (MAY 2008)MAY 200852.223-15ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTSDEC 200752.223-17AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTSAUG 201852.223-18ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVINGAUG 201152.223-21FOAMSJUN 201652.225-13RESTRICTIONS 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 200752.228-2ADDITIONAL BOND SECURITYOCT 199752.228-5INSURANCE—WORK ON A GOVERNMENT INSTALLATIONJAN 199752.228-11PLEDGES OF ASSETSAUG 201852.228-12PROSPECTIVE 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 201352.229-4FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS)FEB 201352.232-5PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTSMAY 201452.232-17INTERESTMAY 201452.232-18AVAILABILITY OF FUNDSAPR 198452.232-23ASSIGNMENT OF CLAIMSMAY 201452.232-27PROMPT PAYMENT FOR CONSTRUCTION CONTRACTSJAN 201752.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENTOCT 201852.232-38SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFERJUL 20134.44 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(End of Clause)FAR NumberTitleDate52.232-40PROVIDING 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 198452.236-5MATERIAL 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 199152.236-14AVAILABILITY AND USE OF UTILITY SERVICESAPR 198452.236-15SCHEDULES FOR CONSTRUCTION CONTRACTSAPR 198452.236-17LAYOUT OF WORKAPR 198452.236-21SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTIONFEB 199752.236-28PREPARATION OF PROPOSALS—CONSTRUCTIONOCT 199752.242-13BANKRUPTCYJUL 199552.242-14SUSPENSION OF WORKAPR 198452.243-4CHANGESJUN 200752.243-6CHANGE ORDER ACCOUNTINGAPR 198452.244-6SUBCONTRACTS FOR COMMERCIAL ITEMSJAN 201952.246-12INSPECTION OF CONSTRUCTIONAUG 199652.248-3VALUE ENGINEERING—CONSTRUCTIONOCT 201552.249-2TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)APR 201252.249-10DEFAULT (FIXED-PRICE CONSTRUCTION)APR 198452.253-1COMPUTER GENERATED FORMSJAN 19914.45 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)4.46 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)FAR NumberTitleDate852.232-70APAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) (ALTERNATE I)NOV 2018ATTACHMENTSSee Attachments;See attached document: WD Davidson TN190083 1-04-2019.See attached document: WD Rutherford TN190100 1-04-2019.See attached document: WD Coffee TN190036 1-4-2019.See attached document: WD Franklin TN190040 1-04-2019.See attached document: WD Hamilton TN190088 1-04-2019.See attached document: WD McMinn TN190056 1-04-2019.See attached document: WD Montgomery TN190097 1-4-2019.See attached document: P09 SEED PROJECT SOW - Install SPS Purchased eTO Abators final.See attached document: P12 Drawings - 626-18-101 LIFE SAFETY-NASHVILLE VA-FINAL -ARCHITECTURE 03-13-19.See attached document: P12 Drawings - 626-18-101 LIFE SAFETY-NASHVILLE VA- FINAL -ELECTRICAL 03-13-19.See attached document: P12 Drawings - 626-18-101 LIFE SAFETY-NASHVILLE VA-FINAL -FIRE PROTECTION 03-13-19.See attached document: P12 SEED PROJECT Specifications - 626-18-101 LIFE SAFETY-NASHVILLE VA-FINAL -SPEC 03-13-19.See attached document: S02 ATTACHMENT 1 ORGANIZATION AND KEY PERSONNEL SELF PERFORMANCE TRADE AND CAPABILITY.See attached document: S02 ATTACHMENT 2 VA PAST PERFORMANCE QUESTIONAIRE.See attached document: S02 ATTACHMENT A PERFORMANCE RELEVANCY SURVEY.See attached document: S02 ATTACHMENT B SUBCONTRACTOR INFORMATION AND CONSENT FORM.See attached document: S02 ATTACHMENT C SELF PERFORMANCE TRADE AND CAPABILITY.See attached document: S02 ATTACHMENT D BONDING CAPACITY SURETY FORM.See attached document: S02 ATTACHMENT E PROPOSAL INQUIRY FORM. ................
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