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FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 Z Supervisors Offices HVAC Lighting and Sprinkler Movement/Modification, St Petersburg

VARO

20006 36C10E18Q0182 07-16-2018 N 238220 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 Mathew St Thomas Contracting Officer 5206294744 mathew.stthomas@va.gov mathew.stthomas@va.gov

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 36C10E18Q0182 06-14-2018 3517-000099 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 Matt St Thomas 520-629-4744 07-16-2018 See CONTINUATION Page Provide and install HVAC and Lighting in accordance with the attached Statement of Work Note 1 This project is 100% set-side for CVE certified Service Disabled Veteran Owned Small Business' (SDVOSB) Note 2 IAW VARRR 836.204 the construction range is estimated to be between $100,000 and $250,000 Note 3 FAR 52.236-27 Site Visit is 28 June 2018 at 11:30 AM EST.

Location is 900 Bay Pine BLVD, St. Petersburg, FL 33708 Note 4 Questions shall be submitted to mathew.stthomas@va.gov Questions are due by 5:00 PM EST on 9 July 2018.

Questions will be combined and answered as an amendment.

Note 5 Only Emailed Electronic Quotes will be accepted.

Quotes are due by 5:00 PM EST on 16 July 2018.

X Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS5
2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)12
2.2 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)12
2.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)13
2.4 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)13
REPRESENTATIONS AND CERTIFICATIONS14
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)14
GENERAL CONDITIONS18
4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)19
4.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)20
4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)21
4.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)24
4.5 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)25
4.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)25
4.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)26
4.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)26
4.9 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)27
4.10 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)27
4.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)27
4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)28
4.13 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)29
4.14 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)29
4.15 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002)30
4.16 VAAR 852.236-76 CORRESPONDENCE (APR 1984)30
4.17 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)30
4.18 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)31
4.19 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) ALTERNATE I (JUL 2002)31
4.20 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) ALTERNATE I (JULY 2002)32
4.21 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)35
4.22 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)36
4.23 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)36
4.24 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)36
4.25 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)38
4.26 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)39
4.27 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)39

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, DUNS number, Primary Point of Contact, email address, and Phone number. 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 mathew.stthomas@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 mathew.stthomas@va.gov or 520-629-4744.

Electronic Page limitations are as follows:

VOLUME
TITLE PAGE
LIMITS
I
Documents and General Information
None
II
Technical Approach / Schedule
Not to exceed 5 pages
III
Past Performance
Not to exceed 4 pages
IV
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 should include the following information:

-TAB A - Standard Form 18, Solicitation Offer and Award with signature. Acknowledgment of Amendments or signed copies of the amendments should be included in this section.

-TAB B - General Information – Company Name, DUNS number, Primary POC, e-mail address, phone number.

-TAB C - Executive Summary, the Offeror may provide an executive summary of the entire quote, including quote solutions, and highlight any key or unique approaches. The Offeror should include a list of all companies participating on the Offeror’s team, including the prime Offeror, any partners, subcontractors, etc. The material presented in this summary will “NOT” be considered as meeting the requirements for any other parts of the quote.

-TAB D - Organizational Conflict of Interest (OCI) Mitigation Plan - Each Offeror shall provide an OCI mitigation plan, if applicable, to its quote. (If applicable)

- TAB E - Representations, Certifications, and Other Statements of Offerors.

- TAB F- 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. Responses will be evaluated against Factor 1 as defined below.

Evaluation Factors for Award. 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 should be organized according to the following general outline:

-TAB A - Executive Summary specific to Volume II and project organizational structure.

-TAB B - Technical Approach as defined below

- TAB C - Proposed Project Schedule

(a) Factor 1: Technical Approach. The Offeror shall demonstrate the ability to organize, so as to successfully manage and accomplish the primary tasks identified in the SOW, 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

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 – Executive Summary -TAB B – Pricing Schedule -TAB C – Price Matrix

(a) Tab A – Executive Summary; shall describe the Offeror’s rationale/methodology for its pricing approach. The Offeror shall identify any pricing assumptions made to develop the Price Matrix. No information from subcontractors is required as the prime is expected to exercise discretion in evaluating the reasonableness of the subcontractor rates before developing its final rate matrix. If electronic files are compressed, they must be self-extracting archives (no software required to decompress). If files contain links, the links must be intact and maintained through all revisions. Additionally, spreadsheets must be easily traceable. None of the files submitted shall have any read/write/password protection. Include all formulas in your spreadsheets and please include any notes deemed necessary to add clarity to the spreadsheets.

(b) Tab B – Pricing Schedule; This will include your CLIN pricing

(c) Tab C- Price Matrix; shall include a schedule of values for each discipline.

BASIS FOR AWARD

The Government anticipates awarding a single firm-fixed price contract to the Offeror who is determined to be the best value. 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, technical approach and past performance.

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 schedule for accomplishing all required tasks and quality control measures taken to ensure all tasks are accomplish IAW the SOW.

Each Offeror shall submit a schedule reflecting the Primary tasks, the most critical subtasks, and product lead times. This schedule will reflect the delivery date from the issuance of the notice to proceed.

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; the Government has a reasonable confidence 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 further evaluated.

Relevancy. The Government has defined relevance as projects of similar scope to this requirement. 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 quote will be evaluated to ensure that the final agreed-to price is fair and reasonable in accordance with FAR 13.106-3. Additionally, the Price Matrix will be reviewed to ensure the Offeror has an understanding of the requirement and the level of effort required from each discipline.

FAR Number
Title
Date
52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
OCT 2010
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2016
52.204-10
REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
OCT 2016
52.209-10
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
NOV 2015
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
JUN 2013
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

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 52.236-27 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— June 28, 2018 at 11:30 AM EST

(c) Participants will meet at— 9500 Bay Pines BLVD, St. Petersburg, Fl 33708 (End of Provision)

2.3 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)

2.4 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
52.204-13
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
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
OCT 2015
52.222-3
CONVICT LABOR
JUN 2003
52.222-4
CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATION
MAY 2018
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

52.222-35 52.222-36

EQUAL OPPORTUNITY FOR VETERANS

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

OCT 2015

JUL 2014

52.222-37 52.222-50

EMPLOYMENT REPORT ON VETERANS

COMBATING TRAFFICKING IN PERSONS

FEB 2016

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

52.223-15

52.223-18

ENERGY EFFICIENCY IN ENERGY COMSUMING PRODUCTS

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

DEC 2007

AUG 2011

52.223-20
AEROSOLS
JUN 2016
52.223-21
FOAMS
JUN 2016
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
JUN 2008
52.227-4
PATENT INDEMNITY—CONSTRUCTION CONTRACTS
DEC 2007
52.228-1
BID GUARANTEE
SEP 1996
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
52.228-14
IRREVOCABLE LETTER OF CREDIT
NOV 2014
52.228-15
PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION
OCT 2010
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
52.232-40
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
52.236-3
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
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
52.236-8
OTHER CONTRACTS
APR 1984
52.236-9
PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS
APR 1984
52.236-10
OPERATIONS AND STORAGE AREAS
APR 1984
52.236-12
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
52.246-21
WARRANTY OF CONSTRUCTION
MAR 1994
52.249-1
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM)
APR 1984
52.249-10
DEFAULT (FIXED-PRICE CONSTRUCTION)
APR 1984

4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 5 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 120 days after receipt NTP. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 1 Aug 18. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

FAR Number
Title
Date
52.213-4
TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS)
JAN 2018

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 .

[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…

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