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36C10E19R0009 Section M
1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6. PROJECT NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV. 8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b.
An offer guarantee is, is not required.
c.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d.
Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
VA
36C10E19R0009 X 08-02-2019 3176-000059 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.
Washington
DC
20006 Department of Veterans Affairs Veterans Benefits Administration
Jeff Reed 215 906 5468
- Contractor shall provide all manpower, tools, equipment, and material to replace the 12 Air Handling Units at the VBA Regional Office in St Petersburg FL
- Construction shall be in accordance with OSHA, Federal, State, and Local codes and/or requirements.
- Construction Wage Determination for Pinellas County FL. is applicable.
- This project is 100% set-aside for CVE certified Service Disabled Veteran Owned Small Business' (SDVOSBs) capable of meeting the requirements set forth in this solicitation.
- This requirement is a Total Service Disabled Veteran Owned Small Business set-aside in accordance with Public Law 109-461, Veterans First Program. Only offers from SDVOSB concerns that are registered and verified by the Center for Verification and Evaluation (CVE) Vendor Information Pages (VIP) website at https://www.vip.vetbiz.gov/ of offers shall be considered for award. Offers from contractors that are not registered in VIP shall be rejected as non-responsive and shall not be considered for award.
- NAICS Code: 236220 Commercial and Institutional Building Construction
- Construction range of magnitude (IAW VAAR 836.204) is estimated to be be between $2,000,000 and $5,000,000
- Bid Bond, Payment Bond, and Performance Bonds are required for this project.
- Certificate of Insurance indicating the contractor possesses the required general liability and workman's compensation insurance is required. The contractor shall furnish a Certificat of Insurance at the time of bid submission.
- The site visit will be held on August 8, 2019 at 1:00 PM, EST at:
VBA Regional Office 9500 Bay Pines BLVD St Petersburg FL 33708 All participants must RSVP by 4:00 PM EST on Aug 6, 2019 by contacting Jeff Reed at jeffrey.reed@va.gov
- All questions pertaining to t his solicitation or site visit shall be submitted via email to jeffrey.reed@va.gov no later than 4:00 PM EST on August 16, 2019.
- Questions will be collated. Answers will be published via amendment to the solicitation.
X 52.211-10 X 09-02-2019 X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (
26. ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER
TO SIGN
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE
BY
OFFER
AWARD
STANDARD FORM 1442 (REV. 8/2014) BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14.)
(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.
Washington
DC
20006 All invoices must be emailed to:
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS | 5 |
| B.1 PRICE/COST SCHEDULE | 5 |
| ITEM INFORMATION | 5 |
| SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK | 6 |
| SECTION D - PACKAGING AND MARKING | 7 |
| D.1 INTENTIONALLY LEFT BLANK | 7 |
| SECTION E - INSPECTION AND ACCEPTANCE | 8 |
| E.1 INTENTIONALLY LEFT BLANK | 8 |
| SECTION F - DELIVERIES OR PERFORMANCE | 9 |
| F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 9 |
| F.2 DELIVERY SCHEDULE | 9 |
| SECTION G - CONTRACT ADMINISTRATION DATA | 10 |
| G.1 INTENTIONALLY LEFT BLANK | 10 |
| SECTION H - SPECIAL CONTRACT REQUIREMENTS | 11 |
| H.1 INTENTIONALLY LEFT BLANK | 11 |
| PART II - CONTRACT CLAUSES | 12 |
| SECTION I - CONTRACT CLAUSES | 12 |
| I.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) | 12 |
| I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 13 |
| I.3 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) | 15 |
| I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) | 15 |
| I.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 16 |
| I.6 52.228-1 BID GUARANTEE (SEP 1996) | 19 |
| I.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 19 |
| I.8 SUPPLEMENTAL INSURANCE REQUIREMENTS | 20 |
| I.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 20 |
| I.10 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 24 |
| I.11 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019) | 25 |
| I.12 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 26 |
| PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS | 27 |
| SECTION J - LIST OF ATTACHMENTS | 27 |
| PART IV - REPRESENTATIONS AND INSTRUCTIONS | 28 |
| SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS | 28 |
| K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) | 28 |
| K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 31 |
| K.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018) | 33 |
| SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS | 35 |
| L.1 INSTRUCTIONS TO OFFEROR | 35 |
| L.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 36 |
| L.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 36 |
| L.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 37 |
| L.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 38 |
| L.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 38 |
| L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 39 |
| L.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018) | 39 |
| L.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 40 |
| L.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 40 |
| L.11 VAAR 852.273-70 LATE OFFERS (JAN 2003) | 41 |
| L.12 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) | 41 |
| SECTION M - EVALUATION FACTORS FOR AWARD | 42 |
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Product Number:
Replace AHUs at St Petersburg VARO
| GRAND TOTAL |
| __________________ |
36C10E19R0009 Section B
Page 1 of Page 1 of
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
36C10E19R0009 Section C See attached document: P09 St Petersburg AHU - SOW - Air handlers.
Page 1 of Page 1 of
SECTION D - PACKAGING AND MARKING
D.1 INTENTIONALLY LEFT BLANK
36C10E19R0009 Section D
Page 1 of Page 1 of
SECTION E - INSPECTION AND ACCEPTANCE
E.1 INTENTIONALLY LEFT BLANK
36C10E19R0009 Section E
Page 1 of Page 1 of
SECTION F - DELIVERIES OR PERFORMANCE
F.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 10 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 225 days after receipt of award. 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 . 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)
F.2 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
1.00
36C10E19R0009 Section F
Page 1 of
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 INTENTIONALLY LEFT BLANK
36C10E19R0009 Section G
Page 1 of Page 1 of
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 INTENTIONALLY LEFT BLANK
36C10E19R0009 Section H
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of Clause)
I.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)
I.3 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(a) Definitions. As used in this clause— “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of Clause)
I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of Clause)
I.5 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 entry certificate is issued).] (End of Clause)
I.6 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20 percent of the bid price or 3,000,000.00, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
I.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—
(1) For such period as the laws of the State in which this contract is to be performed prescribe; or
(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
(End of Clause)
I.8 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)
I.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.202-1 |
| DEFINITIONS |
| NOV 2013 |
| 52.203-3 |
| GRATUITIES |
| APR 1984 |
| 52.203-5 |
| COVENANT AGAINST CONTINGENT FEES |
| MAY 2014 |
| 52.203-6 |
| RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT |
| SEP 2006 |
| 52.203-7 |
| ANTI-KICKBACK PROCEDURES |
| MAY 2014 |
| 52.203-8 |
| CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY |
| MAY 2014 |
| 52.203-10 |
| PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY |
| MAY 2014 |
| 52.203-12 |
| LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS |
| OCT 2010 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS |
| APR 2014 |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-4 |
| PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER |
| MAY 2011 |
| 52.204-9 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL |
| JAN 2011 |
| 52.204-10 |
| REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS |
| OCT 2018 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT MAINTENANCE |
| OCT 2018 |
| 52.204-14 |
| SERVICE CONTRACT REPORTING REQUIREMENTS |
| 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 |
| 52.204-23 |
| PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES |
| JUL 2018 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT |
| OCT 2015 |
| 52.209-9 |
| UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS |
| OCT 2018 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.215-2 |
| AUDIT AND RECORDS—NEGOTIATION |
| OCT 2010 |
| 52.215-10 |
| PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA |
| AUG 2011 |
| 52.215-12 |
| SUBCONTRACTOR CERTIFIED COST OR PRICING DATA |
| OCT 2010 |
| 52.215-15 |
| PENSION ADJUSTMENTS AND ASSET REVERSIONS |
| OCT 2010 |
| 52.215-17 |
| WAIVER OF FACILITIES CAPITAL COST OF MONEY |
| OCT 1997 |
| 52.215-18 |
| REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) |
| JUL 2005 |
| 52.215-19 |
| NOTIFICATION OF OWNERSHIP CHANGES |
| OCT 1997 |
| 52.215-21 |
| REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS |
| OCT 2010 |
| 52.216-4 |
| ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL |
| JAN 2017 |
| 52.216-5 |
| PRICE REDETERMINATION—PROSPECTIVE |
| OCT 1997 |
| 52.216-6 |
| PRICE REDETERMINATION—RETROACTIVE |
| OCT 1997 |
| 52.219-8 |
| UTILIZATION OF SMALL BUSINESS CONCERNS |
| OCT 2018 |
| 52.219-9 |
| SMALL BUSINESS SUBCONTRACTING PLAN |
| AUG 2018 |
| 52.219-14 |
| LIMITATIONS ON SUBCONTRACTING |
| JAN 2017 |
| 52.219-16 |
| LIQUIDATED DAMAGES—SUBCONTRACTING PLAN |
| JAN 1999 |
| 52.219-27 |
| NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE |
| NOV 2011 |
| 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 |
| AUG 2018 |
| 52.222-7 |
| WITHHOLDING OF FUNDS |
| MAY 2014 |
| 52.222-8 |
| PAYROLLS AND BASIC RECORDS |
| AUG 2018 |
| 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 |
| 52.222-34 |
| PROJECT LABOR AGREEMENT |
| MAY 2010 |
| 52.222-37 |
| EMPLOYMENT REPORTS ON VETERANS |
| FEB 2016 |
| 52.222-40 |
| NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT |
| DEC 2010 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS |
| JAN 2019 |
| 52.222-54 |
| EMPLOYMENT ELIGIBILITY VERIFICATION |
| OCT 2015 |
| 52.222-55 |
| MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 |
| DEC 2015 |
| 52.222-62 |
| PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 |
| JAN 2017 |
| 52.223-2 |
| AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS |
| SEP 2013 |
| 52.223-3 |
| HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA |
| JAN 1997 |
| 52.223-5 |
| POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION |
| MAY 2011 |
| 52.223-6 |
| DRUG-FREE WORKPLACE |
| MAY 2001 |
| 52.223-11 |
| OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS |
| JUN 2016 |
| 52.223-12 |
| MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR CONDITIONERS |
| JUN 2016 |
| 52.223-15 |
| ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS |
| DEC 2007 |
| 52.223-17 |
| AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS |
| AUG 2018 |
| 52.223-18 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING |
| AUG 2011 |
| 52.223-20 |
| AEROSOLS |
| JUN 2016 |
| 52.223-21 |
| FOAMS |
| JUN 2016 |
| 52.225-13 |
| RESTRICTIONS ON CERTAIN FOREIGN PURCHASES |
| JUN 2008 |
| 52.227-1 |
| AUTHORIZATION AND CONSENT |
| DEC 2007 |
| 52.227-2 |
| NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT |
| DEC 2007 |
| 52.227-4 |
| PATENT INDEMNITY—CONSTRUCTION CONTRACTS |
| DEC 2007 |
| 52.228-2 |
| ADDITIONAL BOND SECURITY |
| OCT 1997 |
| 52.228-11 |
| PLEDGES OF ASSETS |
| AUG 2018 |
| 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 |
| 52.229-3 |
| FEDERAL, STATE, AND LOCAL TAXES |
| FEB 2013 |
| 52.230-2 |
| COST ACCOUNTING STANDARDS |
| OCT 2015 |
| 52.230-3 |
| DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES |
| OCT 2015 |
| 52.230-6 |
| ADMINISTRATION OF COST ACCOUNTING STANDARDS |
| JUN 2010 |
| 52.232-5 |
| PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS |
| MAY 2014 |
| 52.232-17 |
| INTEREST |
| MAY 2014 |
| 52.232-23 |
| ASSIGNMENT OF CLAIMS |
| MAY 2014 |
| 52.232-25 |
| PROMPT PAYMENT |
| JAN 2017 |
| 52.232-27 |
| PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS |
| JAN 2017 |
| 52.232-33 |
| PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 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 |
| 52.236-3 |
| 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 |
| 52.236-11 |
| USE AND POSSESSION PRIOR TO COMPLETION |
| APR 1984 |
| 52.236-12 |
| CLEANING UP |
| APR 1984 |
| 52.236-13 |
| ACCIDENT PREVENTION ALTERNATE I (APR 1984) |
| NOV 1991 |
| 52.236-15 |
| SCHEDULES FOR CONSTRUCTION CONTRACTS |
| APR 1984 |
| 52.236-17 |
| LAYOUT OF WORK |
| APR 1984 |
| 52.236-21 |
| SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE I (APR 1984) |
| FEB 1997 |
| 52.236-26 |
| PRECONSTRUCTION CONFERENCE |
| FEB 1995 |
| 52.242-5 |
| PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| JAN 2017 |
| 52.242-13 |
| BANKRUPTCY |
| JUL 1995 |
| 52.242-14 |
| SUSPENSION OF WORK |
| APR 1984 |
| 52.243-4 |
| CHANGES |
| JUN 2007 |
| 52.244-5 |
| COMPETITION IN SUBCONTRACTING |
| DEC 1996 |
| 52.244-6 |
| SUBCONTRACTS FOR COMMERCIAL ITEMS |
| JAN 2019 |
| 52.246-12 |
| INSPECTION OF CONSTRUCTION |
| AUG 1996 |
| 52.246-21 |
| WARRANTY OF CONSTRUCTION ALTERNATE I (APR 1984) |
| MAR 1994 |
| 52.248-3 |
| VALUE ENGINEERING—CONSTRUCTION |
| OCT 2015 |
| 52.249-2 |
| TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996) |
| APR 2012 |
| 52.249-10 |
| DEFAULT (FIXED-PRICE CONSTRUCTION) |
| APR 1984 |
| 52.253-1 |
| COMPUTER GENERATED FORMS |
| JAN 1991 |
I.10 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)
The clause entitled ‘‘Specifications and Drawings for Construction’’ in FAR 52.236– 21 is supplemented as follows:
(a) The Contracting Officer’s interpretation of the drawings and specifications will be final, subject to the Disputes clause.
(b) The Contractor shall—
(1) Check all drawings and specifications furnished immediately upon receipt;
(2) Compare all drawings and the specifications, and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general—
(1) Drawings of greater detail shall govern over drawings of lesser detail unless specifically noted otherwise; and
(2) Figures and numerical quantities noted on drawings govern over scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:
| Title |
| File |
| Drawing No. |
(End of Clause)
I.11 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019)
(a) Contract administration functions set forth in FAR 42.302 are hereby delegated to:
Jeff Reed Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.
Washington, DC 20006
(b) The work will be under the direction of a Department of Veterans Affairs Contracting Officer, who may designate another VA employee to act as resident engineer at the construction site.
(c) Except as provided below, the resident engineer’s directions will not conflict with or change contract requirements. Within the limits of any specific authority delegated by the Contracting Officer, the resident engineer may, by written direction, make changes in the work. The Contractor shall be advised of the extent of such authority prior to execution of any work under the contract.
(d) The Contracting Officer identified in paragraph (a) may further delegate the responsibilities below to the following warranted personnel on site:
To be determined
(1) Conduct post-award orientation conferences.
(2) Issue administrative changes, correcting errors or omissions in typing, Contractor address, facility or activity code, remittance address, computations which do not require additional contract funds, and other such changes (see FAR 43.101).
(3) For actions not to exceed negotiate and execute supplemental agreements incorporating Contractor proposals resulting from change orders issued under the Changes clause.
(4) Negotiate and execute supplemental agreements changing contract delivery schedules where the time extension does not exceed calendar days.
(End of Clause) I.12 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.
[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] 36C10E19R0009 Section I (End of Provision) Page 1 of Page 1 of
| FAR Number |
| Title |
| Date |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.219-9 |
| VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS |
| DEC 2009 |
| 852.219-10 |
| VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE |
| JUL 2016 |
| 852.219-74 |
| LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE |
| JUL 2018 |
| 852.228-70 |
| BOND PREMIUM ADJUSTMENT |
| JAN 2008 |
| 852.228-72 |
| ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS |
| DEC 2009 |
| 852.232-70A |
| PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) (ALTERNATE I) |
| NOV 2018 |
| 852.232-72 |
| ELECTRONIC SUBMISSION OF PAYMENT REQUESTS |
| NOV 2018 |
| 852.236-79 |
| CONTRACTOR PRODUCTION REPORT |
| APR 2019 |
| 852.236-80 |
| SUBCONTRACTS AND WORK COORDINATION ALTERNATE I (APR 2019) |
| APR 2019 |
| 852.236-88 |
| CONTRACT CHANGES--SUPPLEMENT |
| JUL 2002 |
| 852.246-75 |
| WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES |
| OCT 2018 |
| 852.270-1 |
| REPRESENTATIVES OF CONTRACTING OFFICERS |
| JAN 2008 |
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
See attached document: S02 St Petersburg AHU - Wage Determinations (FL20190222).
See attached document: S02 St Petersburg AHU - List of AHUs.
See attached document: S02 St Petersburg AHU - AHU's spec sheets.
See attached document: S02 St Petersburg AHU - QASP_0701201940111.
36C10E19R0009 Section J See attached document: S02 St Petersburg AHU - Ductwork.
Page 1 of Page 1 of
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its…
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