36C24123R0150_1.docx

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.

36C24123R0150 X 08-21-2023 402-23-102 Department of Veterans Affairs Network Contracting Office 1 VAMC Togus 1 VA Center Augusta, ME 04330 Only Electronic Submissions to Andrew.Merical@va.gov

Merical, Andrew Andrew.Merical@va.gov Contractor shall provide all labor, equipment, materials and supervision necessary to perform all work required for the 402-23-102 Medical Gas System Upgrade project in accordance with the terms and conditions, specifications, the statement of work, and all attachments.

This project is located at the VAMC Togus, Maine, 1 VA Center, Augusta, Maine 04330.

The magnitude of construction is between $500,000.00 and $1,000,000.00. The NAICS code for this procurement is 238220 (Plumbing, Heating, and Air-Conditioning Contractors), and the Small Business size standard is $19 Million.

This acquisition is 100% set aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. Offerors must be both VISIBLE and VERIFIED by the Small Business Administration (SBA) at time of proposal and at time of award.

Failure to be prior to contract award will result in Offeror being ineligible.

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 Proposal and remain registered.

Site Visit will be held on 08/30/2023 at 9:30 AM EST. POC for the visit will be Seth Bickford, Seth.Bickford@va.gov.

Participants shall meet at the front of Building 202, VAMC Togus, 1 VA Center, Augusta, Maine 04330.

Requests for Information of a technical nature must be provided in writing and shall be submitted by the prospective Contractor only by e-mail to Andrew.Merical@va.gov. Oral questions are not acceptable. The subject line must read:

402-23-102 - Medical Gas System Upgrade - Technical Questions. RFIs shall be received by 4:30 PM EST on 09/08/2023.

All Offerors are responsible for monitoring and downloading any Amendments from Contract Opportunities on https://sam.gov.

The Government intends to award a Firm-Fixed Price Construction Contract to one Offeror.

Offerors shall submit their proposals via e-mail to Andrew.Merical@va.gov by 4:30 PM EST on 09/22/2023.

The procurement will be a single award on a best value basis to the responsive, responsible contractor providing the best value to the Government.

X X 52.211-10 X 16:30

EDT

09-22-2023 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

Line Item 0001 (Lump Sum): $ Department of Veterans Affairs Network Contracting Office 1 VAMC Togus 1 VA Center Augusta ME 04330 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Diane D. Davis Contracting Officer

This Solicitation is a Request For Proposal (RFP), Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside for the Togus, Maine VA Medical Center. Reference the Instruction to Offerors as well as attachments such as the Scope of Work (SOW) for further information regarding this Solicitation.

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Medical Gas System Upgrade Project Number: 402-23-102 Togus, Maine Veterans Affairs Medical Center

Contract Period: Base POP Begin: 09-22-2023 POP End: 06-18-2024 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

This solicitation will be evaluated using the tradeoff source selection process in accordance with FAR 15.101-1. Proposals shall be submitted to the below email address(es) no later than the time listed on the front of the SF 1442 or as modified by amendment to the solicitation:

Point(s) of Contact:

I. GENERAL INFORMATION

1. Magnitude of Construction Between $500,000.00 and $1,000,000.00.

2. Site Visit See 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) for site visit information.

3. Questions Questions shall be submitted by the prime contractor, through email to the Point of Contact listed above, Contractor’s Inquiry RFP No. 36C24123R0150. No questions by telephone will be accepted. Questions are due no later than September 08, 2023, at 4:30 PM EST. Question emails must include “VA SOLICITATION NO. 36C24123R0150, Medical Gas System Upgrade” in the Subject Line of the email.

4. Submission of Proposal:

Prospective vendors shall provide their proposal via e-mail to Andrew.Merical@va.gov in any of the following formats: .pdf, .docx, or .doc to the issuing office address identified above (8 Megabyte File Size Limitation). Offerors for furnishing services identified within the schedule shall be submitted electronically to the contracting officer (CO) at Diane.Davis2@va.gov not later than closing date and time specified on SF1442, block 13a or as amended on SF30.

5. SDVOSB Verification The Government will review SBA Veteran Small Business Certification (VetCert) (https://veterans.certify.sba.gov) to confirm SDVOSB status verification for the submitted proposal. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB verification status will be performed for the apparent awardee.

6. Bonds (Reference Contract Clause FAR 52.228-15 for further information on applicability): As indicated in SF1442, blocks 12a and 12b, payment and performance bonds shall be required in the penal sum of one hundred percent (100%) of contract price within 10 calendar days of award of the Contract. Notice to proceed will not be issued until the Contractor provides sufficient bonding to cover the work being performed.

7. Offer Guarantee (Bid Bond) (Submit With Your Price Proposal) Per FAR Clause 52.228-1-Bid Guarantee, the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. NOTE: A scanned copy of the original is acceptable.

8. Wage Determination Wages for all contractors and subcontractors must comply with Construction Wage Rate Wage Determinations. The current determination is ME20230009, Mod 3, 04/07/2023 (see RFP Attachment – Wage Determination – ME20230009). Be advised the determination that is current at the time of the Contract award is the determination that will apply for the project.

Current determinations are available at: https://wdolhome.sam.gov/.

II. PROPOSAL PREPARATION AND EVALUATION INFORMATION

1. General Information:

a. Cover Page with Solicitation Number and Project Title.

b. Company Name.

c. Tax ID number.

d. SAM Unique Entity ID (UEI) Number.

e. Principal points of contact, address, phone numbers, and e-mail address.

f. If offeror is a Joint Venture, provide Tax ID, UEI, and principal contact information for each JV member.

2. Required Documents:

a. Completed/Signed SF 1442.

b. Acknowledgement of Amendments (if applicable).

c. Copy of current SBA Veteran Small Business Certification (VetCert).

d. Copy of current VETS-4212 Federal Contractor Reporting certification: https://www.dol.gov/agencies/vets/programs/vets4212.

e. Offer Guarantee (Bid Bond) Submit with Price Proposal.

f. Completed Representations and Certifications (see solicitation provisions).

g. 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction. See General Conditions within RFP.

h. Completed Experience Modification Rate (EMR) Form. See RFP Attachment – Contractor Evaluation Safety Form.

i. Technical Proposal – See Paragraph 3 below.

j. Price Proposal – See Paragraph 4 below.

3. Technical Proposal and Past Performance The offeror shall prepare a technical proposal consisting of the information detailed below to include past performance information. See paragraph 6a below for explanation of evaluation ratings for technical factors.

Factor 1 – Technical Approach The offeror shall submit a description of how they intend to approach the scope of work. The description shall include a written narrative of the planned phasing so that the facility remains operational while the construction is occurring. The narrative will also detail how the contractor intends to prepare the site, complete all construction and return the site to its original condition. The narrative shall explain how the project will be accomplished to ensure minimal interruptions with daily hospital operations and patient care.

Formatting and Other Restrictions:

The Factor I submission is limited to 7 pages (8‐1/2” x 11”) in total.

Factor 2 – Specialized Experience, Capability, and Competence Provide four (4) recent and relevant examples of contracts or projects that demonstrate the Contractor's suitability for being selected for this contract. Recent examples should be within the last 7 years. Relevant examples should be work that is the same or like the current requirement, was conducted in an active healthcare environment, and was between $500,000.00 and $1,000,000.00.

Sub-Factor 1 – Infection Control

Offerors shall include in recent and relevant examples of projects, sufficient details that demonstrate the offerors success at employing the following protective measures: Dust Mitigation, Negative Air, and Maintaining Infection Control Barriers.

Formatting and Other Restrictions

The submission is limited to 20 pages (8‐1/2” x 11”) in total.

Factor 3 – Schedule The offeror is required to submit a proposed progress schedule in a time scaled bar graph format. The horizontal axis will be scaled for time beginning with the Notice to Proceed (NTP) and concluding with contract completion (include time for punch lists, final walk‐throughs, final invoicing and building turn‐over). The vertical axis will show the milestones and major portions of the contract work. All schedule items will show a start date and a completion date. The detailed schedule will indicate specific tasks with dates for each step of the process, including any of the following which are applicable:

(1) Mobilization; demolition method and sequencing; excavation; structure completion; interior/exterior finishing; procurement and installation of equipment; provisions for overtime or shift work; timing of relocation of existing equipment; site utilities, roadway realignment; and temporary rerouted medical center vehicular and pedestrian routes; tests and final inspections.

(2) The Offeror shall specify how much allowance has been made for bad weather in the schedule, the days of the week and the hours of construction operations during each phase of the work, and the percentage of contract completion that will be achieved at the end of each month of the contract.

(3) The performance period is 270 days after NTP.

Formatting and Other Restrictions The submission does not have a page limitation.

Factor 4 – Safety

1. All Offerors shall submit with their proposal a completed RFP Attachment – Contractor Evaluation Safety Form, which supplies the Government information pertaining to your firm’s past Safety and Environmental record. A submitted Contractor Evaluation Safety Form represents a certification of your firm’s past Safety and Environmental record identifying serious, willful, or repeat violations from OSHA or any EPA violations within the last 3 years. Please attach explanation for any violations.

2. All Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the offeror’s insurance company and be furnished on the insurance carrier’s letterhead and included with the completed Contractor Evaluation Safety Form. NOTE: Offerors with an EMR greater than 1.0 will be considered ineligible and will not be evaluated.

3. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (N1CCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Include this letter with the completed Contractor Evaluation Safety Form. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau and include this letter with the completed Contractor Evaluation Safety Form.

Past Performance Past Performance shall be submitted with the technical proposal but shall be evaluated as a separate factor as described in paragraph 6b below. Offeror shall provide past performance by one of the following manners:

1. Offeror shall use the attached form titled “Past Performance Questionnaire” (see RFP Attachment – Past Performance Questionnaire) to obtain past performance information from at least two prior contracts; OR Submit at least four CPARS printouts from prior projects referenced in Technical Factor.

2. The CPARS should cover the entire period of performance of the contract and be provided in its entirety. Rating information for each element must be included. Please note, technical evaluators and the Contracting Officer can use their personal knowledge of the contractor’s prior VA contracts to assist with past performance evaluations. If an offeror does not have any past performance, a neutral rating will be given for this evaluation factor.

3. While evaluating past performance, the Government evaluation team will not be limited to reviewing the past performance information provided in the technical proposal and reserves the right to review other available past performance information to assess past performance.

Formatting and Other Restrictions The submission does not have a page limitation.

4. Price Proposal The price proposal shall be a separate file clearly separated from the technical proposal.

a. Insert price on Standard Form (SF) 1442, Block 17.

b. Complete paragraph A.3, Price/Cost Schedule.

c. Attach Bid Bond.

d. Price proposals shall be submitted on SF 1442, completed, and signed by authorized individual(s) of the Offeror. Offers submitted in the name of a Joint Venture must be signed in accordance with the terms and conditions specified in the joint venture agreement as evidenced in the proposal. The price proposal shall encompass all costs associated with the requirements of the solicitation. The total proposed price for CLIN 0001 shall be rounded to the nearest dollar. Price will not be rated or scored but will be evaluated for fairness and reasonableness through the use of price analysis. In accordance with FAR 15.404-1(b)(2) the government may use various price analysis techniques and procedures to ensure a fair and reasonable price.

5. Basis of Award

a. The Government will evaluate proposals submitted in response to this solicitation, that meet the requirements in accordance with the factors listed above.

b. This procurement will be a single award on a best value basis to the responsive, responsible contractor providing the best value to the Government. If the offeror is deemed non-responsible, but otherwise eligible for award; the matter will be referred to the SBA for a Certificate of Competency.

c. The technical factors 1-4, when combined, and past performance are equal to each other in importance. Technical and past performance, when combined, are approximately equal to Price.

6. Explanation of Evaluation Ratings

a. Technical Factor Evaluation Technical evaluation includes risk associated with the technical approach in a single rating. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings listed in the following Table 1.

TABLE 1: Combined Technical/Risk Ratings

b. Past Performance Evaluation Past Performance Evaluation. Past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. It considers each offerors demonstrated recent and relevant record of performance in supplying products and services that met the contract requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offeror's recent past performance, focusing on performance that is relevant to the contract requirements. (see FAR 15.305). There are two aspects to the past performance evaluation:

1. Relevancy of contractual work performed; and

2. How well the contractual work was performed.

Table 2: Performance Confidence Assessments

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

A.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

A.5 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 $500,000.00, 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)

A.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Diane.Davis2@va.gov

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 1 VAMC Togus 1 VA Center Augusta ME 04330 Mailing Address:

Department of Veterans Affairs Network Contracting Office 1 VAMC Togus 1 VA Center Augusta ME 04330

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

A.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for—

08/30/2023 9:30-10:30 AM EST

(c) Participants will meet at— Front of Building 202, 1 VA Center, Augusta, Maine (End of Provision)

A.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision) A.9 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $19 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is 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.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

GENERAL CONDITIONS

4.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 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 270 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

4.2 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

(End of Clause)

4.3 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.