36C24124R0104_1.docx

36C24124R0104 Attachments

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.

36C24124R0104 X 05-08-2025 402-22-755 36C241

Department of Veterans Affairs Network Contracting Office 1 VAMC Maine, Togus Campus 1 VA Center Augusta

ME

04330 Diane Davis This solicitation is for the provision of construction services to install a code-compliant HVAC system, install security upgrades and construct a clean linen room at Building 212, the Laundry Building, on VAMC Maine, Togus campus.

Work to occur in accordance with the statement of work, drawings, and specifications.

Magnitude of Construction is between $2,000,000.00 and $5,000,000.00

RFIs with regard to this solicitation should be submitted no later than May 22, 2025 at 3:00 PM EST.

Please submit all RFIs to Diane Davis via email at diane.davis2@va.gov. No oral RFIs will be taken for this solicitation.

Proposals for this solicitation are due by June 9, 2025, at 3:00 PM EST. Please submit all proposals via email to Diane Davis at diane.davis2@va.gov. No oral proposals or bids will be taken.

The NAICS Code for this acquisition is 238220 and the Size Standard is $19,000,000.00. This procurement is open to all bidders, with a tiered evaluation used for determination of awardee.

All bidders must be registered in the System for Award Management (SAM), per FAR. 52.204-7

VA intends to award this contract to 1 firm without discussion. Offers will be evaluated in a tradeoff analysis based equally on technical factors and price reasonableness to the government. This solicitation is open to all offerors in the open market without side-aside. A tiered evaluation will be used to determine the awardee, with five tiers of evaluation and preference. Please see the "Instructions to Offerors" regarding evaluation criteria and tiers.

X X 52.211-10 X

3PM

EDT

06-09-2025 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 1 (Lump Sum): $

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin

TX

78714-9971

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Construction services to replace the Laundry HVAC system at VAMC Togus. Work to occur in accordance with the SOW, drawings and all specifications.

Contract Period: Base POP Begin: 10-01-2025 POP End: 06-08-2026 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: Z1DZ - Maintenance of Other Hospital Buildings

Page 1 of Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Provision of labor, materials and services to perform repair and replacement of the HVAC system located in the laundry rooms of VAMC Maine, Togus Campus. Please see the attached statement of work and solicitation documents for more information. This requirement is open to all firms without set-aside. A tiered evaluation process will be used, with preference in the evaluation of proposals given to SDVOSBs, followed by VOSBs, then WOSBs, then all other small business, with the least amount of preference given to large businesses. Please see the “Instructions to Offers” included with the solicitation for more information regarding the evaluation preferences and applicability of clauses in this solicitation to business concerns.

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 $2,000,000.00 and $5,000,000.00.

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. No questions by telephone will be accepted. Questions are due no later than May 22, 2025 at 3:00 PM EST. Question emails must include “VA SOLICITATION NO. 36C24124R010, Replace Laundry HVAC” in the Subject Line of the email.

4. Submission of Proposal:

Prospective vendors shall provide their proposal via e-mail 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 and VOSB status verification for the submitted proposal. Evaluations will be performed on proposals submitted by verified SDVOSB and VOSBs 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 ME20250005, dated 01/03/2025 (see RFP Attachment). 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://sam.gov/wage-determinations.

9. Notice of Tiered Evaluations This procurement is set aside based on an order of priority as established in 38 U.S.C. 8127.

This solicitation is being issued as a tiered evaluation with the following tiers:

Tier 1 - SDVOSB concerns. VA will first evaluate the offers, if any, submitted by SDVOSB concerns. If no technically acceptable offers were submitted by SDVOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will withdraw the SDVOSB set-aside, document the basis for not making an award within this tier, and proceed to the set-aside for VOSB concerns.

Tier 2 - VOSB concerns. VA will next evaluate the offers, if any, submitted by VOSB concerns. If no technically acceptable offers were submitted by VOSB concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will withdraw the VOSB setaside, document the basis for not making an award within this tier, and proceed to the set-aside for other small business concerns.

Tier 3 – 8(a) and HUB Zone small business concerns. VA will next evaluate the offers, if any, submitted by Historically Underutilized Business (HUB) Zone small business concerns and 8(a) participants. If no technically acceptable offers were submitted by 8(a) or HUB Zone concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will withdraw the set-aside for other small businesses, document the basis for not making an award as a set-aside, and proceed to the all other small business tier.

Tier 4 – All other small business concerns. VA will next evaluate the offers, if any, submitted by other small business concerns. If no technically acceptable offers were submitted by other small business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will withdraw the set-aside for other small businesses, document the basis for not making an award as a set-aside, and proceed to the large business tier.

Tier 5 - other than small (large) business concerns. VA will next evaluate the offers, if any, submitted by large business concerns. If no technically acceptable offers were submitted by large business concerns, or if none of the offers would result in award at a fair and reasonable price that offers best value to the United States, the VA will cancel the solicitation, document that cancellation in a memorandum for the record, and conduct additional market research to inform a follow-on acquisition strategy.

See Section I-9 - Application of Construction Contract Provisions and Clauses for Business Concerns for information regarding the applicability of contract clauses in this solicitation to these tiers of businesses. See Section II-5 - Basis and Evaluation of Award for how the five tiers of businesses will be evaluated once all offers have been received.

10. Application of Construction Contract Provisions and Clauses for Business Concerns Due to the nature of the solicitation and award of this contract as open to all offerors with a tiered evaluation process, several clauses are included with this solicitation that may not apply to all offerors and to any awardee that receives award of this contract. The below table represents a list of required provisions and clauses included with the solicitation and their applicability for each tier of award is indicated with “X”.

X

X

X

X

X

X

X

X

X

X

X

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.

h. Technical Proposal – See Paragraph 3 below.

i. 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 $2,000,000.00 or greater.

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 Pre-Award Contractor Safety form which supplies the Government information pertaining to your firm’s past Safety and Environmental record. A submitted 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 Pre-Award Contractor Safety form. Offerors with an EMR greater than 1.0 submitting an offer should include an explanation on the insurance carrier’s letterhead explaining the rating. Offerors with an EMR greater than 1.0 will be considered if explanation on the ratings is provided by the offeror.

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 Pre-Award Contractor 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 Pre-Award Contractor 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 9) to obtain past performance information from at least two prior contracts; OR

2. 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 Evaluation and 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 for Small Business concerns only.

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.

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. Recency: Project submitted shall be completed withing the past 5 years of the date of the issuance of the RFP.

2. Relevancy: Performance of work on the projects that are similar in scope and magnitude of effort and complexities to the type of project anticipated under the resultant contract. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

2.1 52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal'' in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025) (DEVIATION FEB 2025) (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) [Reserved].

(xv) [Reserved].

(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 biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting 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) [Reserved].

(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 $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, 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) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 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)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

3.3 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 the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

GENERAL CONDITIONS

4.1 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).