36C24219R0049-030.pdf

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. (No bonding is 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.

36C24219R0049

X

07-01-2019

632-19-2-6044-0266

NONE

36C242

Department of Veterans Affairs

Network Contracting Office 2

79 Middleville Road

Northport NY 11768

Joseph Ercole

Network Contracting Office 2

79 Middleville Road

Building 10, Room 216

Northport NY 11768

Joseph Ercole 631-261-4400 x5207

This project is for installation of sheet vinyl flooring in Mental Health Unit at VA Medical Center Northport NY

79 Middleville Rd., Northport NY 11768

Magnitude of Construction: Less Than $25,000.00 NAICS Code: 238330 Flooring Contractors Size Standard: $15 Million This is a Total Small Business (SB) Set-Aside procurement

All prospective offerors must be registered in SAM (www.sam.gov) and be listed with NAICS Code 238330 Flooring Contractors.

No bonding is required for this magnitude.

In response to this solicitation, contractor must include flooring information (brand, type, color) to ensure product meets solicitation requirements and specification 09 06 19 Resilient Flooring.

Work expected to be completed during regular normal working hours, 8:00 AM ET to 4:30 PM ET. Any Off Hours/Other Than Normal

Working Hours will be properly considered upon request and shall be requested 72 hours in advance.

Site Visit – A site visit will be available for interested parties to verify work to be completed on Tuesday July 9, 2019 at 1:00 PM ET. All interested parties shall meet at VA Medical Center, 79 Middleville Rd., Northport NY 11768, in the Engineering Department lobby area, Building 10 2nd Floor, Section 138.

NOTE: NO OTHER SITE VISITS WILL BE CONDUCTED. INTERESTED PARTIES ARE ENCOURAGED TO ATTEND, ATTENDANCE IS NOT MANDATORY.

Period of Performance: Work is to be completed within 15 days from issuance of Notice to Proceed.

To preserve the integrity of the procurement process, all questions and request for information must be submitted in writing to Joseph Ercole, Contracting Officer via email at: joseph.ercole@va.gov. Questions must be received no later than

Friday, July 10, 2018 11:59 PM ET.

Please submit your cost proposal via email to Joseph Ercole at joseph.ercole@va.gov by July 15, 2019 11:59 PM ET.

Include cost breakdown showing material, labor hours, overhead and profit and all line items with your proposal.

Due Date: Proposals are due on Monday July 15, 2019 11:59 PM ET.

NOTE: IF THERE ARE ANY AMENDMENTS, CONTRACTORS MUST ACKNOWLEDGE ALL SOLICITATION AMENDMENTS.

Refer to solicitation Statement of Work ahead page for full description of requirements.

Award will be made to the lowest price technically acceptable offer IAW FAR 13.106-2. Evaluation factors are 1. Price

2. Past Performance (using CPARS, PPRS, Other Government PP)

10 15

X X 52.211-10

X

0 11:59 PM ET

07-15-2019

X http://www.sam.gov/

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. 253(c)5

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

IN NUMBERS:

Price $___________________________

IN WORDS, PRICE SPELLED OUT IN WRITING: ______________________

00242

Department of Veterans Affairs

Regional Procurement Office, NCO 2

(10N2NCO) VA Medical Center Northport NY

79 Middleville Road

Northport NY 11768

Department of Veterans Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

Joseph Ercole

Contracting Officer

36C24218R0570

Table of Contents

1. Statement of Work

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF

THE WORK (MAY 2014)

2.2 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.4 VAAR 852.270-1 REPRESENTATIVE OF CONTRACTING OFFICERS (JAN 2008)…..12

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

GENERAL CONDITIONS

4.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)…………..19

4.5 52. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

4.6 52.223-20 AEROSOLS (JUN 2016)

4.7 52.223-21 FOAMS (JUN 2016)

4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

4.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

4.12 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) 28

4.13 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)

4.14 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)………………….30

4.15 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS

(APR 1984)……………………………………………………………………………………….30

4.16 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)…………………………30

4.17 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)……………………………..30

4.18 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)

4.19 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (APR 2019)

36C24218R0570

4.20 VAAR 852.246-75 WARRANTY OF CONSTRUCTION--GUARANTEE PERIOD

SERVICES (OCT 2018)

WAGE DETERMINATION…………………………………………………………………………….34

VA Medical Center Northport NY

Install Flooring Unit 21& 22 Seclusion Rooms

1. Background

VA Northport NY is committed and proudly serves the VA community by providing the best possible health care and environment for health care to veterans and the highest standards of service to customers. We do this by improving and maintaining our physical structures and by providing the equipment, supplies, testing and preventive maintenance necessary to support excellence in health care.

This requirement is to install new sheet vinyl flooring in Seclusion Rooms Unit 21 and 22 at VAMC

Northport NY. The procurement described herein is required to achieve the objectives as follows:

Objectives - The purpose of this solicitation is to install new sheet vinyl flooring in Seclusion Rooms of Mental Health Units 21 and 22 at VAMC Northport, Building 200.

2. Place of Performance

VA Medical Center Northport NY

79 Middleville Rd., Building 200, Units 21 and 22

Northport, NY 11768

3. Scope of Work/Statement of Work

Contractor shall furnish and provide all supplies, materials, services, labor, supervision, personnel necessary, safety, and equipment, for installing sheet vinyl flooring in Building

#200. Department of Veterans Affairs Medical Center, 79 Middleville Road, Northport, N.Y. 11768.

All meetings, inspections and or work schedules must be coordinated and pre-approved prior to commencement by the Contracting Officer or Contracting Officer's representative (COR). All work shall be performed in a safe and reliable manner. The

Contractor shall examine the work required and specified to determine the full scope of work prior to any estimate given to the D.V.A.M.C. representative.

The proposal shall be in writing, original and one 1 copy, an itemized breakdown (i.e.

number of hours, trades, task and materials) and each of the trades and areas listed as separate line items (sample attached). Please refer to the attached specifications, General

Requirements 01 00 00, Shop Drawings Product Data and Samples 01 33 23, Safety

Requirements 01 35 26, Resilient Tile Flooring 09 65 19, Construction Waste

Management 01 74 19, Subsurface Preparation for Floor Finishes 09 05 16, and Table of Contents - Specifications.

The Contractor shall supply a total of approximately 224 square feet of sheet vinyl flooring as specified (about 112 square feet per room), the color shall be a tan/brown mix, identical or equal to sample color grassland #15366

NOTE: In response to this Solicitation Contractor must include type of flooring

(brand, type, color) to ensure product meets requirements and Specification Resilient

Flooring 09 65 19.

Base molding as needed is included. Contractor is solely responsible for verification of measurements and of the procurement of all materials in sufficient quantities to ensure a complete installation (approximate room floors are each 8’ x

12’). Install new flooring sheet vinyl over the existing VCT flooring. Prepare subfloor to a smooth flat surface to ensure that existing imperfections do not show through the new flooring installation. Any floor preparation, sanding, and flooring application shall be properly vented. Any work during off hours/Other

Than Normal Working Hours will be properly considered and shall be requested 72 hours in advance. The flooring is in 2 separate rooms in Mental

Health Units 21 and 22, being 1 floor is in Unit 21 and the other floor is in

Unit 22; see below for access.

The Contractor shall follow all manufacturer's requirements for proper installation, including the use of only manufacturer-authorized adhesives, welding rods, backing materials, tools, techniques and timeframes to ensure an installation that complies with all manufacturers requirements, VA specifications and generally accepted installation practices which result in a defect free finished product.

Contractor shall perform work in such a manner as to eliminate hazards to persons and property; to minimize interference with use of adjacent areas, utilities and structures or interruption of use of such utilities; and to provide free passage to and from such adjacent areas of the structure.

All flammable liquids shall be kept in approved safety containers. Only the amount necessary for immediate work shall be allowed in the building.

Contractor shall supply the DVA. All MSDS sheets for any chemicals dry or liquid. Proper ventilation for any orders while applying adhesives.

Request for interruption of any services may be approved by Contracting Officer, however contractor shall first make a request in writing (email, letter, etc.)

requesting any interruption of any services at least 48 hours in advance of interruption of services (aka Shut Down). There are no anticipated Shut Downs.

Contractor work is expected to be performed during regular working hours, 8:00

AM ET to 4:30 PM ET. Any off hours work, or off hours access shall be requested at minimum 72 hours in advance on the Other Than Normal Working

Hours form, which will be provided to the contractor.

Work shall be provided by a schedule and contractor shall provide project calendar schedule showing dates of mobilization, start, work performed, demobilization, end, for project. Provide Safety Plan and have a designated Safety/Compliance Person and Site Supervisor onsite for duration of the project.

Contractor shall be responsible to plan and coordinate all work with Mark Brown, COR, and Mark will ensure full access to building at all times. The assigned

Contracting Officer is Joseph Ercole. Contractor is responsible for record keeping, security monitoring, and inspection of area. Contractor shall maintain Certified

Payroll and Daily Logs.

The Mental Health Units 21 and 22 are secured, therefore proper protocol is necessary All tools, materials and personal property shall be properly maintained and secured at all times. The job site shall be cleaned daily and all debris shall be removed. The COR may inspect the work site at any time, without notice.

The contractor shall be responsible for safety precautions, including warning signs and barricades during installation and shall have adequate personal on hand to insure a safe working environment.

All employees of general contractor and or sub-contractor shall comply with the Northport Department of Veterans Affairs security management program and obtain an I.D Badge from the DVAMC Police Department prior to commencing of work; badges shall be displayed on personal any time they are on DVAMC property. The general contractor is responsible for assuring that all contract or sub- contract workers of this project comply with these regulations, employees shall not enter project site without appropriate badges. No less than one week prior to commencement of work, the contractor shall provide the COR with a list of contractor staff participating in the work and shall submit in writing an ID request with company name, address, telephone number, name of each individual contractor employee and position title, SS#, address, copy of OSHA; see VA Specification for ID request.

Prior to commencing work, general contractor shall provide proof a OSHA

CERTIFIED "competent person" with a 30-hour safety certificate (CP) (29 CFR

1926.20(b) (2) will maintain a presence at the work site whenever the general or sub-contractors are presence and all other employees shall have a 10-hour safety certificate issued by OSHA or other relevant competency training, as determine by the DVA.

Requirements:

(a) Contractor must be qualified and experienced to install this type of floor coverings. No unqualified worker shall do any type of work related to this project without the direct supervision of qualified personnel.

(b) Contractor shall conduct a site visit to verify site condition and the quantity of flooring product (s) required.

(c) Contractor shall notify VA Project Manager and COR in writing of any site conditions that may impair or prevent completion of the project as planned.

(d) Contractor shall provide to VA Contracting Officer, through VA COR, sample(s) of flooring prior to installation, as VA must accept first.

(e) Contractor shall obtain approval by VA Contracting Officer Representative

(COR) before beginning any work.

(f) Contractor shall prep floor to accept new flooring in accordance with the new carpet manufacturer’s requirements and specifications.

(g) Contractor shall install new floor covering in accordance with manufacturer’s specifications.

(h) Contractor shall provide flooring manufacturer documentation providing material information/specifications for VA approval.

(i) Upon completion of installation, the contractor shall remove all unused materials, containers, wrappings, cuttings, trimmings and any other debris which has accumulated as a result of this service and transport/dispose of as required by law.

Areas shall be clean.

(j) Contractor shall obtain certification of completion of work from the VA COR and

VA Contracting Officer, see below.

A Certificate of Insurance (COI) shall be provided upon request.

There is no payment bonds, no performance bonds.

4. Inspection/Acceptance – CO and COR will conduct final inspection and acceptance of contractor work. Contractor shall conduct all testing for their work portion and provide CO with validity or perform test in presence of CO. VA reserves the right to review contractor’s work at any time.

5. Period of Performance – Work is to begin after issuance of Notice to Proceed.

Project completion time from Notice to Proceed is 15 calendar days.

6. Payment - Contractor shall submit 1 invoice at completion of work.

All work shall be performed as described herein and as specified in the body of the contract documents. Any other work not listed above but otherwise required as per Specification are included as the Statement of Work.

NAICS Code: 238330 Flooring Contractors Size Standard: $15 Million

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF

THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate

Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the

Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.2 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition

Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy

American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the

Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph

(c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2016

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-19

52.204-22

INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS

ALTERNATIVE LINE ITEM PROPOSAL

DEC 2014

JAN 2017

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE

ACQUISITION

JAN 2017

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION

FEB 1999

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

52.236-28 PREPARATION OF PROPOSALS—CONSTRUCTION OCT 1997

2.4 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation shall be furnished to the contractor.

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

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

(2) The small business size standard is $15 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements—Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

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

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

Coast Guard.

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

Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

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

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative

Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--

Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its

Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its

Alternate III applies.

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

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-

23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

Officer:

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

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

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

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

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

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

Designated Products (Alternate I only).

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

[](A) Basic.

[](B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically via the SAM

Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

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

https://www.acquisition.gov/

GENERAL CONDITIONS

4.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

This solicitation includes VAAR 852.219-11 (VOSB set aside). Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information

Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the

CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR

2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public

Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual

(Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information

(CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 3 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

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

(End of Clause)

4.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

1. (a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

2. (b) Applicability. This clause applies only to-

a. (1) Contracts that have been totally set aside or reserved for small business concerns; and

b. (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

3. (c) General.

a. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

b. (2) Any award resulting from this solicitation will be made to a small business concern.

4. (d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL

2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the

Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System

(NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

http://www.sba.gov/content/table-small-business-size-standards

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the

Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .

[Contractor to sign and date and insert authorized signer's name and title].

(End of Clause)

4.6 52.223-20 AEROSOLS (JUN 2016)

(a) Definitions. As used in this clause—

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and

(4) Commercial availability at a reasonable cost.

http://www.epa.gov/snap/

(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of Clause)

4.7 52.223-21 FOAMS (JUN 2016)

(a) Definitions. As used in this clause—

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at http://www.epa.gov/snap/.

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its…