36C24123B0002_1.docx
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- Solicitation number
- 36C24123B0002
About this file
This document is an invitation for bid (IFB) for a construction project at a Department of Veterans Affairs medical center. The IFB is for a firm fixed price construction contract to provide all labor, materials, tools, equipment, and supervision necessary to perform work under the 518-21-103 Women's Health 3 Floors Construction project in accordance with the contract documents, including technical specifications and drawings, and the attached statement of work. The general scope of work is to construct a new reception area, locker rooms, offices, and conference/lounge, exam rooms, procedure rooms, conference rooms, bathrooms, install an elevator, install a ramp, and remove and replace all mechanical, plumbing, electrical and lighting systems. The sidewalk and parking lot shall also be modified to accommodate the building additions and changes. The solicitation is set aside for service-disabled veteran-owned small businesses and includes requirements to be verified in the VetBiz VIP database. A pre-bid site visit will be held on March 22, 2023 and bids are due on May 1, 2023.
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36C24123B0002 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.
36C24123B0002 X 03-01-2023 518-21-103 Department of Veterans Affairs Manchester VAMC Contracting Officer 718 Smyth Road Manchester
NH
03104 Electronic only offers sent to casey.pridham@va.gov.
Casey Pridham 603-866-4213 The Edith Nourse Rogers Memorial Veterans Hospital VAMC located in Bedford MA has a requirement for a Firm Fixed Price construction contract that requires a general contractor toprovide all labor, materials, tools, equipment, and supervision necessary to perform work under the 518-21-103 Women's Health 3 Floors Construction project in accordance with the Contract Documents, including technical specifications and drawings, and the attached SOW. The general scope of the requirement is to construct a new reception area, locker rooms, offices, and conference/lounge, exams rooms, procedure rooms, conference rooms, bathrooms, installing anelevator, installing a ramp, and removing and replacing all mechanical, plumbing, electrical and lighting systems. The sidewalk and parking lot shall also be modified to the building additions and changes.
See VAAR 852.219-10, Notice of Total Service-Disabled Veteran Owned Small Business Set-Aside of this solicitation for information in regard to requirements in order to be considered. Bidders must be VERIFIED by the SBA's VetCert Database at the time of submission of bid and at time of award. Failure to be both VERIFIED by VETCERT and VISIBLE in the database prior to contract award will result in the bidder being ineligible for award.
In accordance with FAR 52.204-7, System for Award Management (SAM), prospective contractors shall be registered in the SAM database at the time of bid opening and remain registered.
See full solicitation text for information related to pre-bid site visit, requests for information, bidding materials and bid opening instruction.
A public bid opening will be held on 1 May 2023 at 11:00AM EST.
Bids will be public read aloud on the data and time specified in this solicitation.
A site visit will be held on 22 March 2023 at 11:00 AM EST.Participants shall meet in front of Building 12 at the Bedford VAMC Campus in Bedford, MA. Please do not park in the spots designated for Patient Parking.
Requests for Information of a technical nature must be provided in writing and shall be submitted by the prospective bidders only by email to Casey Pridham. Oral questions are not acceptable. The subject line must read: 518-21-103 Women's Health 3 Floors Construction-Technical Questions. Questions shall be received by 2:00PM EST on 31 March 2023.
The guarantee period services included in this solicitation and contract are not/shall not be considered bid alternates.
All bidders are responsible for monitoring and downloading any amendments from Contract Opportunities on https://sam.gov/content/opportunities.
The statement in block 13a. on page 1 of the SF1442 does not apply to this IFB. Offerors shall submit their bids via email to casey.pridham@va.gov by 11:00AM EST on 1 May 2023. Only electronic bids will be accepted.
X X 52.211-10 X
11:00AM
EDT
05-01-2023 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
ALL ITEMS (Lump Sum) $__________________ 00241 Department of Veterans Affairs Manchester VAMC Contracting Officer 718 Smyth Road Manchester
NH
03104 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin
TX
78714-9971 X Brenda Bigelow Contracting Officer
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 | 6 |
| SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK | 8 |
| SECTION D - PACKAGING AND MARKING | 9 |
| SECTION E - INSPECTION AND ACCEPTANCE | 10 |
| E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 10 |
| E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) | 10 |
| SECTION F - DELIVERIES OR PERFORMANCE | 12 |
| F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) | 12 |
| SECTION G - CONTRACT ADMINISTRATION DATA | 13 |
| G.1 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 13 |
| SECTION H - SPECIAL CONTRACT REQUIREMENTS | 15 |
| PART II - CONTRACT CLAUSES | 16 |
| SECTION I - CONTRACT CLAUSES | 16 |
| I.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 19 |
| I.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 20 |
| I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022) | 22 |
| I.4 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) | 24 |
| I.5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 25 |
| I.6 52.236-4 PHYSICAL DATA (APR 1984) | 25 |
| I.7 52.242-14 SUSPENSION OF WORK (APR 1984) | 26 |
| I.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 27 |
| I.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 27 |
| I.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022) | 27 |
| I.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) | 30 |
| I.12 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019) | 31 |
| I.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 33 |
| I.14 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS–CPM) (NOV 2018) (ALTERNATE I) | 33 |
| I.15 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 36 |
| I.16 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 2019) | 37 |
| I.17 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 37 |
| I.18 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 38 |
| I.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 38 |
| I.20 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 39 |
| I.21 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 40 |
| I.22 SUPPLEMENTAL INSURANCE REQUIREMENTS | 41 |
| I.23 MANDATORY WRITTEN DISCLOSURES | 42 |
| PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS | 43 |
| SECTION J - LIST OF ATTACHMENTS | 43 |
| PART IV - REPRESENTATIONS AND INSTRUCTIONS | 44 |
| SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS | 44 |
| K.1 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020) | 44 |
| K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022) | 45 |
| K.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 49 |
| K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 52 |
| SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS | 54 |
| L.1 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 61 |
| L.2 52.216-1 TYPE OF CONTRACT (APR 1984) | 61 |
| L.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 61 |
| L.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 62 |
| L.5 52.228-1 BID GUARANTEE (SEP 1996) | 63 |
| L.6 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 63 |
| L.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 64 |
| L.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 64 |
| L.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 65 |
| L.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 65 |
| SECTION M - EVALUATION FACTORS FOR AWARD | 66 |
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
Divisions as laid out in the Table of Contents of the specification’s attachments.
Division 01: $_____________ Division 02: $_____________ Division 03: $_____________ Division 04: $_____________ Division 05: $_____________ Division 06: $_____________ Division 07: $_____________ Division 08: $_____________ Division 09: $_____________ Division 10: $_____________ Division 11: $_____________ Division 12: $_____________ Division 13: $_____________ Division 14: $_____________ Division 21: $_____________ Division 22: $_____________ Division 23: $_____________ Division 24: $_____________ Division 25: $_____________ Division 26: $_____________ Division 27: $_____________ Division 28: $_____________ Division 31: $_____________ Division 32: $_____________ Division 33: $_____________ Miscellaneous: _____________
36C24123B0002 Section B
Page 1 of Page 1 of
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
See attached document: SOW 518-21-103 Womens Health Construction.
36C24123B0002 Section C See attached document: 100 Percent Specifications.
Page 1 of Page 1 of
SECTION D - PACKAGING AND MARKING
36C24123B0002 Section D N/A Page 1 of Page 1 of
SECTION E - INSPECTION AND ACCEPTANCE
E.1 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 |
E.2 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not—
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
36C24123B0002 Section E (End of Clause) Page 1 of Page 1 of
SECTION F - DELIVERIES OR PERFORMANCE
F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 14 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 365 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.
36C24123B0002 Section F (End of Clause) Page 1 of Page 1 of
SECTION G - CONTRACT ADMINISTRATION DATA
| FAR Number |
| Title |
| Date |
| 52.232-33 |
| PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
G.1 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001;
(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;
(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and
(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.
(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905.
(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—
(1) Awards made to foreign vendors for work performed outside the United States;
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;
(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
36C24123B0002 Section G (End of Clause) Page 1 of Page 1 of
SECTION H - SPECIAL CONTRACT REQUIREMENTS
36C24123B0002 Section H Please see attachments for VA guidance on COVID-19.
Page 1 of
Page 1 of
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
| FAR Number |
| Title |
| Date |
| 52.202-1 |
| DEFINITIONS |
| JUN 2020 |
| 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 |
| JUN 2020 |
| 52.203-7 |
| ANTI-KICKBACK PROCEDURES |
| JUN 2020 |
| 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 |
| JUN 2020 |
| 52.203-16 |
| PREVENTING PERSONAL CONFLICTS OF INTEREST |
| JUN 2020 |
| 52.203-13 |
| CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT |
| NOV 2021 |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS |
| JUN 2020 |
| 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 |
| JUN 2020 |
| 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 |
| AUG 2020 |
| 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 |
| NOV 2021 |
| 52.204-25 |
| PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT |
| NOV 2021 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT |
| NOV 2021 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.210-1 |
| MARKET RESEARCH |
| NOV 2021 |
| 52.214-26 |
| AUDIT AND RECORDS—SEALED BIDDING |
| JUN 2020 |
| 52.214-27 |
| PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING |
| JUN 2020 |
| 52.214-28 |
| SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING |
| JUN 2020 |
| 52.214-29 |
| ORDER OF PRECEDENCE—SEALED BIDDING |
| JAN 1986 |
| 52.219-8 |
| UTILIZATION OF SMALL BUSINESS CONCERNS |
| OCT 2022 |
| 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 |
| JUL 2021 |
| 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 |
| EQUAL OPPORTUNITY FOR VETERANS |
| JUN 2020 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES |
| JUN 2020 |
| 52.222-37 |
| EMPLOYMENT REPORTS ON VETERANS |
| JUN 2020 |
| 52.222-40 |
| NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT |
| DEC 2010 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS |
| NOV 2021 |
| 52.222-54 |
| EMPLOYMENT ELIGIBILITY VERIFICATION |
| MAY 2022 |
| 52.222-55 |
| MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 |
| JAN 2022 |
| 52.222-62 |
| PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 |
| JAN 2022 |
| 52.223-5 |
| POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION |
| MAY 2011 |
| 52.223-6 |
| DRUG-FREE WORKPLACE |
| MAY 2001 |
| 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 |
| JUN 2020 |
| 52.227-2 |
| NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT |
| JUN 2020 |
| 52.225-13 |
| RESTRICTIONS ON CERTAIN FOREIGN PURCHASES |
| FEB 2021 |
| FAR Number |
| Title |
| Date |
| 52.227-1 |
| AUTHORIZATION AND CONSENT |
| JUN 2020 |
| 52.227-4 |
| PATENT INDEMNITY—CONSTRUCTION CONTRACTS |
| DEC 2007 |
| 52.228-2 |
| ADDITIONAL BOND SECURITY |
| OCT 1997 |
| 52.228-11 |
| INDIVIDUAL SURETY—PLEDGE OF ASSETS |
| FEB 2021 |
| 52.228-12 |
| PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS |
| DEC 2022 |
| 52.228-14 |
| IRREVOCABLE LETTER OF CREDIT |
| NOV 2014 |
| 52.228-15 |
| PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION |
| JUN 2020 |
| 52.229-3 |
| FEDERAL, STATE, AND LOCAL TAXES |
| FEB 2013 |
| 52.229-12 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS |
| FEB 2021 |
| 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 |
| 52.232-27 |
| PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS |
| JAN 2017 |
| 52.232-39 |
| UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS |
| JUN 2013 |
| FAR Number |
| Title |
| Date |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| NOV 2021 |
| 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 |
| NOV 1991 |
| 52.236-14 |
| AVAILABILITY AND USE OF UTILITY SERVICES |
| APR 1984 |
| 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 |
| FEB 1997 |
| 52.236-26 |
| PRECONSTRUCTION CONFERENCE |
| FEB 1995 |
| 52.242-13 |
| BANKRUPTCY |
| JUL 1995 |
| 52.243-4 |
| CHANGES |
| JUN 2007 |
| 52.244-6 |
| SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES |
| DEC 2022 |
| 52.246-21 |
| WARRANTY OF CONSTRUCTION |
| MAR 1994 |
| 52.248-3 |
| VALUE ENGINEERING—CONSTRUCTION |
| OCT 2020 |
| 52.249-2 |
| TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996) |
| APR 2012 |
| 52.249-2 |
| TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) ALTERNATE III (SEPT 1996) |
| APR 2012 |
| 52.249-10 |
| DEFAULT (FIXED-PRICE CONSTRUCTION) |
| APR 1984 |
| 52.253-1 |
| COMPUTER GENERATED FORMS |
| JAN 1991 |
| 852.204-70 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL |
| MAY 2020 |
| 852.246-71 |
| REJECTED GOODS |
| OCT 2018 |
I.1 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of Clause) I.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or
(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless—
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
(End of Provision)
I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)
(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—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) 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(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition—
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) 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 (f) or (h) of this clause.
(h) 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:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.] (End of Clause) I.4 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause— "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."
"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall—
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and
(2) Submit this estimate to the assigned Contracting Officer's Representative (COR).
(End of Clause)
I.5 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.6 52.236-4 PHYSICAL DATA (APR 1984)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by:
COR
(b) Weather Conditions:
N/A
(c) Transportation Facilities
(d) Other Physical Data
I.7 52.242-14 SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
(End of Clause)
I.8 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
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 letter shall be furnished to the Contractor.
(End of Clause)
I.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.
(End of Clause) I.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES (NOV 2022)
(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);
(ii) The management and daily…
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