36C10E18Q0118-001.docx
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- VAV box replacement | St. Petersburg Federal contract opportunity
- Solicitation number
- 36C10E18Q0118
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PAGE OF PAGES
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
1. REQUEST NO.
2. DATE ISSUED
3. REQUISITION/PURCHASE REQUEST NO.
4.
CERT. FOR NAT. DEF.
RATING
UNDER BDSA REG. 2
AND/OR DMS REG. 1
5A. ISSUED BY
6. DELIVER BY (Date) 5B. FOR INFORMATION CALL: (No collect calls)
7. DELIVERY
NAME
TELEPHONE NUMBER
FOB DESTINATION
(See Schedule)
OTHER
AREA
CODE
NUMBER
9. DESTINATION
a. NAME OF CONSIGNEE
8. TO:
a. NAME
b. COMPANY
b. STREET ADDRESS
c. STREET ADDRESS
c. CITY
d. CITY
e. STATE
f. ZIP CODE
d. STATE
e. ZIP CODE 10.
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ON
OR BEFORE CLOSE OF BUSINESS (Date) This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
ITEM NO.
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(a) (b) (c) (d) (e) (f)
a. 10 CALENDAR DAYS %
b. 20 CALENDAR DAYS %
c. 30 CALENDAR DAYS %
d. CALENDAR DAYS
NUMBER
PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION
15. DATE OF QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS
16. SIGNER
a. Name (Type or print)
b. TELEPHONE
c. COUNTY
AREA CODE
d. CITY
e. STATE
f. ZIP CODE
c. TITLE (Type or print)
NUMBER
IMPORTANT:
11. SCHEDULE (Include applicable Federal, State and local taxes)
12. DISCOUNT FOR PROMPT PAYMENT
(THIS IS NOT AN ORDER)
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 18 (REV. 6-95)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
REQUEST FOR QUOTATIONS
VA
X 36C10E18Q0118 03-01-2018 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.
Washington
DC
20006 60 Days after NTP Scott Russell 336-251-0633 03-29-2018 See CONTINUATION Page Note 1 Replace non functioning VAV Boxes in accordacne with the Statement of Work (SOW) Note 2 This project is 100% set-side for CVE certified for Service Disabled Veteran Owned Small Businesses (SDVOSB) Note 3 IAW VARRR 836.204 the construction range is estimated to be between $100,000 and $250,00 Note 4 FAR 52.222-6 Construction Wage Rate Requirements apply Note 5 See FAR 52.228-13; for Alternate Payment Protections Note 6 See FAR 52.211-10 Commencement, Prosecution, and Completion of work Note 7 FAR 52.236-27 Site Visit is 22 MAR 18 at 1:00 PM EST.
Location is; 900 Bay Pine BLVD, St. Petersburg, FL 33708 RSVP for site visit to scott.russell@va.gov by 21 MAR 18.
Note 8 Questions shall be submitted to scott.russell@va.gov Questions are due on 25 Mar 18 at 11:59 PM EST.
Note 9 Only Emailed Electronic Quotes will be accepted.
Quotes are due on 30 MAR 18 at 8:00 AM EST .
X Table of Contents
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 4 |
| 2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 9 |
| 2.2 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 9 |
| 2.3 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 10 |
| 2.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 10 |
| 2.5 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 11 |
| REPRESENTATIONS AND CERTIFICATIONS | 12 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) | 12 |
| GENERAL CONDITIONS | 16 |
| 4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 17 |
| 4.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 17 |
| 4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 19 |
| 4.4 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) | 22 |
| 4.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 22 |
| 4.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 22 |
| 4.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 22 |
| 4.8 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 23 |
| 4.9 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) | 24 |
| 4.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 24 |
| 4.11 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) | 25 |
| 4.12 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) | 26 |
| 4.13 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) | 26 |
| 4.14 VAAR 852.236-76 CORRESPONDENCE (APR 1984) | 27 |
| 4.15 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) | 27 |
| 4.16 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) | 27 |
| 4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) | 27 |
| 4.18 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 28 |
| 4.19 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 30 |
| 4.20 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) | 31 |
| 4.21 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) | 31 |
| 4.22 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 31 |
| 4.23 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) | 33 |
| 4.24 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) | 34 |
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
QUOTATION FORMAT
A. To assure timely and equitable evaluation; quotes shall be evaluated on the basis established in this solicitation. To ensure quotations can be evaluated in an efficient and minimally burdensome fashion. Quotations are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quotation being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.
Each volume of the quote should be separately marked and labeled with the appropriate volume, i.e., Volume I, Volume II, Volume III, and Volume IV. A cover sheet should accompany each volume marked with the following: Volume number, title, solicitation number and the Offeror's name. All text shall be single spaced and expressed as black print on white paper (Black and white requirement does not apply to graphics, photos, etc., Company stationary and logos are acceptable). Printing shall be easily readable (12 point font, Times New Roman) cross-references should be utilized to preclude unnecessary duplication of data between sections.
The files are to be unlocked, while the file names shall be labeled “Company Name – Initial” Volume X – Document Title” for the first submission with X indicating the Volume number. File name of later submissions (if necessary), shall be “Company Name – Revision X – Volume X – Document Title’ with X indicating the number of the revision and Volume number.
All electronic copies shall be submitted by email to the Contracting Officer at scott.russell@va.gov . Once received, an e-mail will be sent to validate receipt of the quote. If you do not receive an e-mail acknowledging the receipt of your quote within one business day; please contact the Contracting Officer at scott.russsell@va.gov or 336-251-0633.
Electronic Page limitations are as follows:
Table 3
| VOLUME |
| TITLE PAGE |
| LIMITS |
| I RFQ |
| Documents and General Information |
| None |
| II Factors 1 |
| Technical Approach |
| Not to exceed 4 pages |
| III Factor 2 |
| Past Performance |
| Not to exceed 4 pages |
| IV Factor 3 |
| Pricing |
| None |
Note: Only Electronic Emailed Copies will be accepted. Email limits the file size to no more than 5MB. Any quote greater than 5MB needs to be separated into smaller sections to ensure delivery.
B. Quote Limitation. The quote shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be redacted from the quote. The Government will not accept any changes to the Contractor’s quote after the closing date and time specified in the solicitation. If discussions become necessary, page limitations may be placed on responses to Evaluation Notices (EN). The specified page limits for EN responses will be identified in the letters requesting ENs to the Offerors. (1) Page Limit Includes: All executive summaries, appendices, charts, graphs, diagrams, tables, pictures, drawings, etc. (2) Page Limit does not include Teaming Agreements, Letter of Intents, covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the quote. They will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted. (3) A page shall be an electronic 8 ½” X 11” sheet of paper. Font size and spacing requirements for illustrations and tables can be at the discretion of the Offeror but must be easily readable. Fold-outs will be counted as the appropriate number of pages based on an 8 ½” X 11” sheet of paper. Use at least 1 inch margins on the top and bottom, and 1 inch side margins. The Offeror shall number each page in order to eliminate any confusion. In the event Offeror creates an ambiguity in their numbering of pages, the Government may clarify or exercise its own discretion in counting pages.
Quotation CONTENT
A. Volume I – RFQ Documents and General Information.
(1) Documents shall contain the signed copy of all documents requiring signature of the Offeror. This includes any/all amendments to this solicitation. Each Offeror shall complete (fill-ins and signatures) and submit as stated below. An authorized official of the firm shall sign the quote and all certifications requiring signature. All quotes shall be valid for 120 calendar days.
(2) RFQ documents shall include the following information:
-TAB A - Standard Form 18, Solicitation Offer with signature. Signed copies of the amendments can be included in this section.
-TAB B Organizational Conflict of Interest (OCI) Mitigation Plan - Each Offeror shall provide an OCI mitigation plan, if applicable, to its quote. (If applicable)
- TAB C - General Information - Identification of the quote point of contact (POC), e-mail address, phone number, DUNS number, and a list of the quote package contents.
- TAB D - Representations, Certifications, and Other Statements of Offerors.
- TAB E- Signed Teaming Arrangements or Letter of Intent. (If applicable)
B. Volume II – Non-Priced Factor #1: Technical Approach.
(1) General. Volume II shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important. The quote should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply or paraphrasing the SOW or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used“, etc., will be deemed as not fully understanding the requirement. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror's quote. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.
(2) Volume II shall be organized according to the following general outline:
-TAB A - Table of Contents -TAB B - List of Table and Drawings and Glossary of Acronyms and Abbreviations -TAB C - Executive Summary specific to Volume II -TAB D - Technical Approach as defined below
- TAB E - Proposed Project Schedule
(3) Content. The quote information described in paragraphs L.4.B (3)(a) and L.4.B(3)(b) below relate to the overall project.
(a) Factor 1: Technical Approach. The Offeror shall demonstrate their technical approach to the specific tasks, how they will be accomplished, and the schedule for accomplishing these tasks, in accordance with the SOW.
D. Volume III – Factor #2 Past Performance
(1) General: The past performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant past performance. Recent and relevant past performance shall be discussed for the prime contractor and/or any ‘team members” or “teaming partners” proposed to support this contract. The Offeror is provided an opportunity to submit a list of no more than three (3) of the Offeror’s most recent and relevant past performance information on projects: similar in size, scope, and complexity to the requirement being procured under this solicitation, performed for Government agencies and/or commercial customers within the last three (3) years from the solicitation release date.
The past performance submittals shall include (when applicable):
- Contract Number
- Contracting Officers (CO): Name, Phone number and Email address
- Contracting Officers Representatives (COR): Name, Phone number and Email address
- Non Government Points of Contact (if applicable)
- Total Contract Value at time of award and final price after any/all modifications
- Initial Period of performance (POP) and final POP after any/all modifications
- Narrative describing the requirement and reason for any modifications which effected price or performance period.
(2) Format. The format for the past performance submittal shall be as follows:
TAB A – Executive Summary TAB B – Past Performance Submittals
(3) Content: Past Performance Submission Requirements.
The Offeror shall submit past performance information that is both recent (within the past three (3) years) and relevant (similar in size, scope, and complexity to the requirement being procured), if applicable.
E. Volume IV – Factor 3 Price
(1) General: The contracting officer has determined there is a high probability of adequate price competition in this acquisition. The Contracting Officer will make determine that the proposed price is fair and reasonable IAW FAR 13106-3(a).
(2) Format. The format for the price quote shall be as follows:
TAB A – Pricing Schedule
(a) Tab A – Pricing Schedule; This will include your CLIN pricing
BASIS FOR AWARD
The Government anticipates awarding a single firm-fixed price contract to the Offeror who’s quote is determined to be the best value at a fair and reasonable price. To ensure Offers can be evaluated in an efficient and minimally burdensome fashion; actions such as developing a formal evaluation plan and/or scoring the Offers will not be conducted. IAW FAR 13.106-2 the Government will determine the best value by evaluating price and other factors. The Government reserves the right to forego discussions if the Contracting Officer determines it to be in the best interest of the Government to award without discussions. As a result, the Offeror’s initial quote should contain the Offeror’s best terms from a price and technical standpoint. A competitive range determination will only be made in the event that discussions are held.
EVALUATION CRITERIA.
The quotes will be evaluated using two non-priced and one priced evaluation factor:
Non-Priced Factor 1: Technical Approach Non-Priced Factor 2: Past Performance Factor 3: Price
Non-Priced Factor #1 –Technical Approach.
Evaluation of the Technical Approach will focus on the adequacy, feasibility, and completeness of the approach which conveys the contractor understanding of the requirement.
Each Offeror shall submit a technical approach to demonstrate how they intend to accomplish the requirements as stated in the SOW. The approach shall include a description of the required tasks, schedule for accomplishing these tasks, and quality control measures taken to ensure all tasks are accomplish IAW the SOW.
The Offeror shall also provide the salient characteristics of the VAV boxes to ensure they meet the minimum requirements of the SOW.
The contractor will also provide the estimated man hours and the parts required to convert from electric heat to hot water heat IAW section 2 of the SOW.
Non-Priced Factor #2 - Past Performance. The past performance will provide the basis to determine if based on the Offeror’s recent/relevant performance record, and the Government has a reasonable expectation that the Offeror will successfully perform the required effort. Offerors with “NO” available recent/relevant performance record or Offeror’s with a performance record which is so sparse that no meaningful confidence can be determined will be considered to have an unknown/neutral past performance, will continue to be eligible for award, and will not be evaluated favorably or unfavorably.
The past performance data shall be evaluated based on the demonstration of a successful history of recent and relevant past performance based on following:
Recency To be recent, the effort must be ongoing or must have been performed during the past three years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.
Relevancy. The Government has defined relevance as experience repairing concrete docking areas and installing docking equipment at a commercial or Government facility. The Government will conduct an evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size and complexity to the services/products being procured under this solicitation.
The Government reserves the right to obtain past performance data from other sources than those identified by the Offeror in evaluating past performance. This includes, but not limited to, the past performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers,; and the Defense Contract Management Agency. Offerors are reminded that both independent data and data provided by Offerors in their quotes may be used by the Government to evaluate the Offerors past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the Offerors. All past performance received will be taken into account. The overall past performance evaluation is a subjective decision based on the whole of all data received.
The Government will review the past performance information to determine the quality and usefulness as it applies to determining performance confidence. To be eligible for award, the Government must determine it has a reasonable or an “unknown/neutral” expectation that the Offeror will successfully perform the required effort. This determination will be based on the all data gathered from all queried past performance sources as listed above.
Priced Factor #3– Price. The price factor will not be scored or rated. The quote will be evaluated to ensure that the final agreed-to price is fair and reasonable in accordance with FAR 13.106-3.
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2016 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| JUL 2016 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.222-23 |
| NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION |
| FEB 1999 |
| 52.236-3 |
| SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK |
| APR 1984 |
2.1 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)
2.2 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)
2.3 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— 22 March 18, 1:00 PM EST. RSVP by 21 MAR 18 at 1:00 PM
(c) Participants will meet at— 900 Bay Pine BLVD, St. Petersburg, FL 33708 (End of Provision)
2.4 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):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
2.5 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.
(2) The small business size standard is $15 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[X](i) 52.204-17, Ownership or Control of Offeror.
[X](ii) 52.204-20, Predecessor of Offeror.
[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.
[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.
[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
[](vii) 52.227-6, Royalty Information.
[](A) Basic.
[](B) Alternate I.
[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
| FAR Clause # |
| Title |
| Date |
| Change |
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)
GENERAL CONDITIONS
| FAR Number |
| Title |
| Date |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-10 |
| REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS |
| OCT 2016 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2016 |
| 52.204-18 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE |
| JUL 2016 |
| 52.204-19 |
| INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS |
| DEC 2014 |
| 52.223-21 |
| FOAMS |
| JUN 2016 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT |
| OCT 2015 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.222-3 |
| CONVICT LABOR |
| JUN 2003 |
| 52.222-6 |
| CONSTRUCTION WAGE RATE REQUIREMENTS |
| MAY 2014 |
| 52.222-7 |
| WITHHOLDING OF FUNDS |
| MAY 2014 |
| 52.222-8 |
| PAYROLLS AND BASIC RECORDS |
| MAY 2014 |
| 52.222-9 |
| APPRENTICES AND TRAINEES |
| JUL 2005 |
| 52.222-10 |
| COMPLIANCE WITH COPELAND ACT REQUIREMENTS |
| FEB 1988 |
| 52.222-11 |
| SUBCONTRACTS (LABOR STANDARDS) |
| MAY 2014 |
| 52.222-12 |
| CONTRACT TERMINATION—DEBARMENT |
| MAY 2014 |
| 52.222-13 |
| COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS |
| MAY 2014 |
| 52.222-14 |
| DISPUTES CONCERNING LABOR STANDARDS |
| FEB 1988 |
| 52.222-15 |
| CERTIFICATION OF ELIGIBILITY |
| MAY 2014 |
| 52.222-21 |
| PROHIBITION OF SEGREGATED FACILITIES |
| APR 2015 |
| 52.222-26 |
| EQUAL OPPORTUNITY |
| SEP 2016 |
| 52.222-27 |
| AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION |
| APR 2015 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES |
| JUL 2014 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS |
| MAR 2015 |
| 52.222-55 |
| MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 |
| DEC 2015 |
| 52.222-62 |
| PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 |
| JAN 2017 |
| 52.223-5 |
| POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION |
| MAY 2011 |
| 52.223-18 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING |
| AUG 2011 |
| 52.225-13 |
| RESTRICTIONS ON CERTAIN FOREIGN PURCHASES |
| JUN 2008 |
| 52.227-4 |
| PATENT INDEMNITY—CONSTRUCTION CONTRACTS |
| DEC 2007 |
| 52.228-2 |
| ADDITIONAL BOND SECURITY |
| OCT 1997 |
| 52.228-11 |
| PLEDGES OF ASSETS |
| JAN 2012 |
| 52.228-12 |
| PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS |
| MAY 2014 |
| 52.232-5 |
| PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS |
| MAY 2014 |
| 52.232-23 |
| ASSIGNMENT OF CLAIMS |
| MAY 2014 |
| 52.232-27 |
| PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS |
| JAN 2017 |
| 52.232-33 |
| PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT |
| JUL 2013 |
| 52.232-39 |
| UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS |
| JUN 2013 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| DEC 2013 |
| 52.233-1 |
| DISPUTES ALTERNATE I (DEC 1991) |
| MAY 2014 |
| 52.233-3 |
| PROTEST AFTER AWARD |
| AUG 1996 |
| 52.233-4 |
| APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM |
| OCT 2004 |
| 52.236-2 |
| DIFFERING SITE CONDITIONS |
| APR 1984 |
| 52.236-5 |
| MATERIAL AND WORKMANSHIP |
| APR 1984 |
| 52.236-6 |
| SUPERINTENDENCE BY THE CONTRACTOR |
| APR 1984 |
| 52.236-7 |
| PERMITS AND RESPONSIBILITIES |
| NOV 1991 |
| 52.236-9 |
| PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS |
| APR 1984 |
| 52.236-10 |
| OPERATIONS AND STORAGE AREAS |
| APR 1984 |
| 52.236-11 |
| USE AND POSSESSION PRIOR TO COMPLETION |
| APR 1984 |
| 52.236-12 |
| CLEANING UP |
| APR 1984 |
| 52.236-14 |
| AVAILABILITY AND USE OF UTILITY SERVICES |
| APR 1984 |
| 52.236-21 |
| SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE I (APR 1984) |
| FEB 1997 |
| 52.236-26 |
| PRECONSTRUCTION CONFERENCE |
| FEB 1995 |
| 52.242-14 |
| SUSPENSION OF WORK |
| APR 1984 |
| 52.243-5 |
| CHANGES AND CHANGED CONDITIONS |
| APR 1984 |
| 52.244-6 |
| SUBCONTRACTS FOR COMMERCIAL ITEMS |
| NOV 2017 |
| 52.246-12 |
| INSPECTION OF CONSTRUCTION |
| AUG 1996 |
| 52.249-10 |
| DEFAULT (FIXED-PRICE CONSTRUCTION) |
| APR 1984 |
| 52.253-1 |
| COMPUTER GENERATED FORMS |
| JAN 1991 |
4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 75 days after receipt of award. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
4.2 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 http://www.sba.gov/content/table-small-business-size-standards.
(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 238220 assigned to contract number TBD.
[Contractor to sign and date and insert authorized signer's name and title].
(End of Clause)
4.3 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:
(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 COMPARISON
| Construction Material Description |
| Unit of Measure |
| Quantity |
| Price (Dollars)* |
Item 1:
Foreign Construction Material
Domestic Construction Material
Item 2:
Foreign Construction Material
Domestic 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…
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