36C24219R0120-001.docx

01-01-17

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.

36C24219R0120 X 06-21-2019 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

Michael Giaquinto This project will remove and install all new 5KV electrical feeder #4 from the campus main switchgear to the Transformer at the VA Hudson Valley Health Care System Castle Point Campus. 41 Castle Point Rd, Wappingers Falls, NY 12590.

The Contractor is responsible to provide all labor, materials, tools, equipment, supplies and supervision for Project 5KV Electrical Feeder #4 Replacement at Castle Point VA in accordance with the statement of work (SOW) and specifications attached herein. The NAICS code for this procurement is 237130 and the size standard is $36.5 million.

This procurement is 100% set-aside to Veteran Owned Small Business. Magnitude of construction is: $100,000 to $250,000.

All prospective bidders must be registered in SAM (www.sam.gov) and are verified /visible/certified in VIP VetBiz (www.vetbiz.gov) at the time of offer submission and beforeaward of this procurement.

A prebid site visit is scheduled for Tuesday July 2, 2019 at 1:30PM EST. Prospective bidders shall meet at building 9 room 118 at the Castle Point VA campus.

NOTE: NO OTHER SITE VISITS WILL BE ALLOWED. INTERESTED OFFERORS ARE STRONGLY ENCOURGED TO ATTEND.

To preserve the integrity of the procurement process, all questions and request for information must be submitted in writing to Michael Giaquinto Contracting Officer via email at michael.giaqunito2@va.gov. Questions must be received no later than Monday July 8, 2018 at 2:00PM EST.

Proposal must be submitted to Michael Giaquinto at Room 9B-67 of the James J. Peters VAMC, 130 West Kingsbridge Road, Bronx, New York 10468. Provide (1) Hard copy and (1) One CD of the proposal.

The period of performance to which the liquidated damages will apply is the 60 hour timeframe in which removal and installation must be completed. See Liquidated Damages clause for more information.

FAR Part 36.209 Construction contracts with architect-engineer firms. No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

X X 52.211-10 X

2:00PM

07-23-2019 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Table of Contents

ATTACHMENTS

WAGE DETERMINATION………………………………………………………………………………45

SPECIFICATIONS………………………………………………………………………………………106

Instructions for Proposal Submittal:

1. Offerors shall provide one hard copy and one electronic copy of their proposal by 2PM July 23, 2019. The proposal shall be submitted in Microsoft Word and any part of the proposal illustrating calculations shall be submitted in Microsoft Excel, if available. Technical questions and/or questions regarding proposal submission must be emailed to the Michael Giaquinto, by COB July 8, 2019 at Michael.Giaquinto2@va.gov. Request For Quotation No. 36C24219R0120 must be included in the Subject Line of the email. Hard copies should be sent to Michael Giaquinto Room 9B-67 James J. Peters Medical Center 130 W Kingsbridge Road Bronx, New York 10468

2. Evaluation Factor instruction:

Non-Price Evaluation Factors and past performance, when combined, are approximately equal to Price. An Offeror must be determined technically acceptable and receive a minimum of satisfactory past performance rating in order to be considered for award.

NON-PRICE EVALUATION FACTORS

a. Non-Price Evaluation Factor: Key Personnel Offerors shall submit a resume of the proposed key personnel to perform under the resulting contract that demonstrate that the proposed personnel meets the minimum qualifications for the position as outlined in the SOW.

b. Non-Price Evaluation Factor: Plan Offerors shall submit a written plan that describes their approach to meeting the 60 hour timeframe in which removal and installation must be completed.

Rating Description Acceptable Proposal clearly meets the minimum requirements of the non-price evaluation factors.

Unacceptable Proposal does not clearly meet the minimum requirements of the non-price evaluation factors.

PAST PERFOMANCE

d. Non-Price Evaluation Factor 4: Past Performance Offerors shall provide contact information of at least three references for services similar in scope to this requirement. The government reserves the right to retrieve recent (within the past 5 years from the date of issuance of this RFP) and relevant Past performance information from any sources available to include, but not limited to, PPIRS or other databases; interviews with Program Managers, Contracting Officers from any Federal Agencies. Past performance ratings will be reviewed in all categories of performance history of contracts within the last 5 years Rating Definition Exceptional Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the contractor was effective.

Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being evaluated reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

PRICE

Price Evaluation Factor Offerors’ quote shall include a firm fixed price for 30 day project completion. The firm fixed price shall be inclusive of, but not limited to, all direct labor expenses, materials, training, insurance coverage, travel, subcontracts, other direct costs, overhead, general and administrative expenses, and profit.

Responses to the solicitation must include the following

1. Prices to complete the scope of work

2. Resume of the proposed key personnel

3. Response Plan to meet the performance time of 60 hours as required. Response times that are different will be rejected.

4. Past performance history of similar contracts

All items must be addressed fully and meet the requirements as listed in the solicitation and SOW. Offering different terms, other prices or different response times then as listed will be deemed insufficient and unresponsive and will not be considered for award.

5KV ELECTRICAL FEEDER # 4 EMERGENCY REPLACEMENT AT VA CASTLE POINT HCS

SOW

Background Engineering Service (138) is committed and proudly serves the VA-HVHCS, Montrose & Castle Point Campuses, providing the best possible 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.

Place of Performance Department of Veterans Affairs Hudson Valley Health Care System VAMC – Castle Point Campus 41 Castle Point Road Wappinger Falls, New York 12590 Purpose The purpose of this solicitation is to establish a firm fixed price contract with a qualified firm to install all new 5KV electrical feeder # 4 from the campus main switchgear to the Transformers XF-12 & XF-11. The electrical feeder #4 feeds the main hospital Building 17, and a number of key equipment throughout the hospital. In order to repair and/ or replace this feeder the hospital has to shutdown feeders 3, 4, 5 & 6, these feeders run through the same manholes and supply normal power to a number of the main hospital buildings. The hospital will be on emergency power for the duration of the repair work, therefore the vendor will be required to complete the work in 60 continuous hours or less.

Period of Performance 30 days from Contract Award Date for submittals, completing scope and closing out.

The period of performance to which the liquidated damages will apply is the 60 hour timeframe in which removal and installation must be completed Type of Contract Firm Fixed Price (FFP) Environmental Issues There are no known environmental issues at the building sites.

If the contractor encounters any suspicious and/ or hazardous materials, i.e., lead paint or asbestos; bring it to the attention of the COR immediately.

Environmental Procedures The contractor shall adhere to All federal, state, and local codes and requirements for campus at ALL times.

Contractor's Responsibilities The contractor shall provide all management, supervision, labor, materials, supplies and equipment, and shall plan, schedule, coordinate and assure effective performance of this work.

Contractor shall require his/her employees to comply with the instructions pertaining to conduct and other regulations called to the contractor's attention by the Contracting Officer, COR, and Federal Protective Officers.

The contractor shall, at all times, enforce strict discipline and good order among the workers on the project, and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him/her.

Contractor and his/her employees are strictly prohibited from smoking anywhere in Meddical Center Buildings and within 35 feet from any Building Perimeter.

Contractor Use of the Premises USE OF PREMISES AND REMOVAL OF DEBRIS: The contractor expressly undertakes, either directly or through its subcontractor(s):

Normal work shall proceed with minimal to no interruption to normal medical center operations. Any work which can potentially impact medical center operations shall be scheduled and approved in advance with the COR.

RECOGNIZED HOLIDAYS: The contractor is not required to perform services on the following holidays:

HOURS OF OPERATION:

The campus is active and operational 24/7, therefore the vendor shall be expected to limit the number of shutdowns and interruption of normal power. The vendor will be expected to work around the clock (24/7) in order to complete this work in 60 continuous hours.

Contractor may for his/her convenience request authorization in advance from the COR to work outside of regular working hours of regular work days at no additional cost to the medical center. Authorization shall be at the discretion of the CONTRACTING OFFICER AND COR.

Subcontracts No portion of the work shall be subcontracted without prior written consent of the Contracting Officer. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Contracting Officer with the names, qualifications and experience of their proposed subcontractor(s). The contractor shall, however, remain fully liable and responsible for the work to be done by his/her subcontractor(s) and shall assure compliance with all requirements of the contract.

Security Requirements In order to access the campus all of the Contractor personnel must have in their possession for inspection by VA Police Department a valid state or government issued identification such as drivers’ license or passport.

Personnel will be required to surrender their ID to the VA Police to obtain a temporary day pass at the discretion of VA Police. ID will be returned upon leaving US Government property.

The contractor shall not have access to the Department of Veterans Affairs’ computer system.

The C&A requirements do not apply and that the Security Accreditation Package is not required.

Progress Meetings A kickoff meeting will be held within 5 business days of contract award. Thereafter weekly progress meetings will be held between the VA-COR – Engineering Leadership and the Contractors Project Manager.

Government Furnished Items, Services & Responsibilities, and Definitions Any Space assigned to the contractor for the storage of his/her supplies, material and the equipment, which he/she will use in the performance of work under this contract shall be kept in a neat and orderly condition. Space assigned to the contractor may be changed by the Medical Center during the term of this contract, at no additional cost.

The Medical Center will not be responsible in any way for damage to the contractor's stored supplies, materials, replacement parts or equipment Contracting Officer (CO): The Contracting Officer has the overall responsibility for the administration of this contract. He/she, alone, without delegation, is authorized to take action on behalf of the Medical Center to: Amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, he/she may delegate certain other responsibilities to his/her authorized representatives. The contracting officer is responsible for all aspects of the contract, including the acceptance or rejections of work and the interpretation of contract documents, terms, and conditions.

Contracting Officer's Representative (COR): The COR will be designated at time of award. The COR will assist the CO in the discharge of his/her responsibilities. The responsibilities of the COR include, but are not limited to: acting as the Medical Center's representative in charge of the work at the site; and advising the CO of any factors which may cause delay in performance of the work.

Description / Specifications:

The vendor shall furnish all material, labor, supervision, tools, and equipment necessary to remove existing high voltage cable and install all new high voltage EPR 4/0 CU electrical cable from the Campus main sub station to Building 17 transformer, and arc wrap inside manholes. The vendor shall route the electrical cable for the campus electrical Feeder # 4 via the following high voltage manholes # 2C, 2E, 2F, & 2G and use minimal amount of splices. where necessary splices shall be performed in accordance with VA specs, no taped terminations / splices allowed. The vendor shall also be required to dispose offsite of the existing electrical cable and materials removed as part of this project. The vendor shall dispose of all existing materials in a manner acceptable with all local, state and federal laws. The cable lengths and materials to be installed shall include 4200 linear feet of 4/0 high voltage cable, 1400 linear feet of 4/0 ground cable, 6 – 4/0 terminations, 12 elastimo heads (loadbreak), 3 load break racks, 9 4/0 5Kv splice kits. While performing the work the VA shall be responsible for high voltage switching of feeder, and the vendor shall be responsible for lockout / tagout and grounding.

The VA shall provide the Vendor with laydown area to store tools, vehicles, equipment, and materials.

The vendor shall be responsible for running drag lines and mandrel existing conduits to assure conduits are clear and passable.

The vendor competent person ( field supervision) shall have minimum 10+ years of experience installing medium & high voltage cable. The vendor personnel working on the project shall have a minimum 5+ years experience installing medium & high voltage cable, where medium voltage shall represent a minimum voltage of 4160v. Vendor shall submit a detail resume for all the employees working on this project, the resume will list past projects / experience, licenses, training, and certifications.

The VA has specific permitting SOPs for accessing and working in manholes and denergizing high voltage electrical cable. The vendor shall cooperate fully with VA staff and make every effort to follow these SOPs. In addition the vendor shall follow all applicable Local, State, Federal, NEC, OSHA, and Industry Standards as part of the installation process. All materials used on project shall be in accordance withVA specifications. Vendor shall submit materials to be used on project for approval prior to commencing work on the project.

Upon completion of installation the vendor shall be responsible for testing high voltage cable, and submitting testing reports to VA. Testing requirements are noted in the attached VA Spec Section.

Prior to start of work, vendor shall submit a schedule of the planned work detailing time and dates vendor plan to work, methods of work, and work items to be completed. Vendor shall proceed with work only after receiving approval from the VA.

If the vendor does not complete the project within the required timeframe of 60 continuous hours. The vendor shall pay to the VA as liquidated damages, and not as a penalty, an amount equal to $500 per hour. This amount shall be subtracted from the total amount owed to the vendor under this contract.

Site Visit

Vendors are required to attend a site visit to verify existing conditions and to get a full understanding of the work to be performed.

Site Visit will be held July 2nd 1:30PM at the Castle Point VAMC Building 9 Room 118 Engineering Conference room

Reference Materials:

APPLICABLE PUBLICATIONS, REFERENCES, LAWS, REGULATIONS AND POLICIES

OSHA

NEC

VA Specs for Medium Voltage Cable

A.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237130.

(2) The small business size standard is $36.5 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

[](A) Basic.

[](B) Alternate I.

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

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

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

(End of Provision) A.4 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)

A.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 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 30 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

A.6 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of up to $13,628.72 for each day of delay until the work is completed or accepted..

(1) The amount of $13,628.72 encompasses $4,022.96 during general working hours of 7-3:30 equal to $502.87 per hour and $9,605.76 for time outside of general duty hours equal to $502.87 per hour.

(2) The period of performance to which the liquidated damages will apply is the 60 hour timeframe in which removal and installation must be completed

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

A.7 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.

(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)

A.8 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 use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, 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, and safety;

(2) Ability to meet performance requirements; and

(3) Commercial availability at a reasonable cost.

(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)

A.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

A.10 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to:

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision) A.11 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Veteran-owned small business or VOSB.”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans;

(ii) The management and daily business operations of which are controlled by one or more veterans;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov): and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(b) General.

(1) Offers are solicited only from verified veteran-owned small business concerns. All service-disabled veteran-owned small businesses are also determined to be veteran-owned small businesses if they meet the criteria identified in paragraph (a)(1) of this section. Offers received from concerns that are not veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified veteran-owned small business concern.

(c) Agreement. A veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a veteran-owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB and/or VOSB as appropriate.

(e) Any veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) A.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes .

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer 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.

(c) 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 Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) 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 Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

A.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.

(End of Clause) A.14 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) The clause FAR 52.232–5, Payments Under Fixed-Price Construction Contracts, is implemented as follows:

(a) Retainage.

(1) The Contracting Officer may retain funds—

(i) Where performance under the contract has been determined to be deficient or the Contractor has performed in an unsatisfactory manner in the past; or

(ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely.

(2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following—

(i) Unsatisfactory progress as determined by the Contracting Officer;

(ii) Failure to meet schedule in Schedule of Work Progress;

(iii) Failure to present submittals in a timely manner; or

(iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements.

(3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this paragraph (a)(3) shall be construed as limiting the Contracting Officer’s right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts.

(b) The Contractor shall submit a schedule of cost to the Contracting Officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate.