36C24225B0024_1.docx

36C24225B0024 Section J

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.

36C24225B0024 X

NONE

Tony Clemente, Contracting Officer Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410 Tony Clemente, Contracting Officer Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410

LONG, BRIAN

518-626-6796 Furnish & install entrance/security doors

The Contractor shall provide all tools, equipment, material, permits, labor, and supervision required to completely perform the required construction work for the Repair and Replace Doors project, including prepare site for building operations including demolition and removal of existing structures, and furnish labor and materials and perform work as in the SOW and applicable specifications. This construction project requires the contractor to furnish and install new entrance/security doors, frames, hardware, and access control at the Samuel S. Stratton VA Medical Center as indicated in SOW.

This solicitation is 100% set aside for Service Disabled Veteran-Owned Small Businesses.

NAICS: 236220; Size Standard: $45 million.

Magnitude of Construction: Between $25,000 and $100,000.

An organized site visit is scheduled for April 10, 2025 at 10:00 am. See FAR provision 52.236-27 contained herein for details.

All offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the offeror's insurance company and be furnished on the insurance carrier's letterhead.

All questions are shall be submitted to tony.clemente@va.gov by April 21, 2025 at 1:00pm EST.

All bids shall be submitted to tony.clemente@va.gov by Monday, May 5, 2025 at 1:00 PM EST. See instructions to bidders.

X X 52.211-10 X

1:00 PM

EDT

05-05-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Samuel S . Stratton VA Medical Center Network Contracting Activity 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on http://www.sam.gov format only. All interested parties (subs & primes) should register at http://www.sam.gov as an “Interested Vendor” so that others will know of our interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.sam.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

(b) If bid exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) If the bid/offer is between $35,000 - $150,000 The bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

DESCRIPTION OF WORK:

Furnish & Install entrance/security doors as per SOW Cost Range: $25,000 to $100,000 Safety or Environmental Violations and Experience Modification Rate All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information will be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

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

A Determination of Responsibility shall be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information shall result in a determination of “non-responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility shall make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

GENERAL INTENTION

Contractor will provide services to include all tools, labor, materials, equipment, services, and supervision necessary to furnish and install entrance/security doors at the Stratton VA Medical Center campus.

SITE VISIT

Bidders are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

There will only be one (1) organized site visit. It will be held on Thursday, April 10, 2025, at 10:00 AM (Eastern). Participants will enter the Stratton VAMC lobby (main building) and check in at the front desk on the left in the lobby. Please wait in the lobby for VA COR and/or CO to start the site visit.

Attendance is not mandatory, however all bidders are strongly encouraged to attend.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI via email to tony.clemente@va.gov.

RFIs will be responded to as necessary in amendment format (SF30) which will be posted on http://www.sam.gov The deadline for submission of RFIs for this solicitation is Monday, April 21, 2025, at 1:00 PM (Eastern). No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

DELIVERY OF BIDS

In accordance with FAR 14.202-8, send all submission documents via email to tony.clemente@va.gov by May 5, 2025, at 1:00 PM AM (Eastern). Bids received after this time may be rejected.

All Contractors providing an electronic bid submission must still meet all requirements listed under “Bid Submission” in the solicitation. The bid opening and public reading of the bids will be via teleconference. Bidders may call:

+1 347-566-4838, Phone conference ID: 180 993 076# **The bid submission emails will be kept in an electronic folder unread until 1:00 PM when they will be opened and read to the public**

**NOTE: PLEASE ALLOW AT LEAST 30 MINUTES FOR BIDS TO ARRIVE IN EMAIL**

Files should be in Adobe* PDF (Portable Document Format) Files: Size: Maximum size of the e-mail message shall not exceed five (5) megabytes. If the size limits are exceeded, the VA may not receive the file and/or you may not be considered. Only one email is permitted. This email should contain at least three separate attachments:

· One (1) signed SF1442 with amendments acknowledged.

· Include response to FAR 52.204-8(2) (i) or (ii) Annual Representations and Certifications

· response to FAR 52.209-13(b)(1) or (2) Violation of Arms Controls Treaties or Agreements

· One (1) safety or environmental violations and experience modification rate.

· One (1) Limitations on Subcontracting Certification

· One (1) Buy American Act Certification

BASIS FOR AWARD

Contract award will be made to the responsive, responsible bidder submitting the lowest price in accordance with FAR Part 14 – Sealed Bidding.

RESPONSIBILITY REQUIREMENTS

A Determination of Responsibility shall be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information may result in a determination of “non-responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C24225B0024 Section C

Page 1 of Page 1 of Stratton VA Medical Center Albany, New York Statement of Work (SOW) FURNISH & INSTALL ENTRANCE/SECURITY DOORS at 10C, 9D & 8C

General Scope of Work: Stratton Veterans Administration Medical Center, located at 113 Holland Avenue, Albany NY 12208 is requesting a contract to provide all labor and materials to furnish, install and rework Security/Entrance doors at the following location:

10C: Existing storefront door with side light system, must have door with opposite swing.

9D: Relocate storefront door system from 10D and add missing door to system.

8C: New gypsum wall board (GWD) wall with swinging wood double doors with vison lights.

A. Work Required:

9D Relocate existing storefront sidelight system from 10D and add door to system.

Contractor will provide all materials, labor, and travel to relocate existing storefront door system from 10D to 9C.

Contractor will provide all materials, labor, and travel to return the 10D walls and flooring to original upon removal of storefront system.

Contractor will provide all materials, labor, and travel to install new 44” glass door @ 72” high. Wide stile anodized bronze aluminum.

1. Door will be centered in opening between two existing equal sidelights.

2. Door will have 10” bottom rail and 8” horizontal rail @ 40” from floor.

3. Include aluminum bronze anodized 4.5” X 4.5” header to provide 6” operator clearance.

4. At side walls provide two vertical fillers to except door frame which should be plywood wrapped with bronze anodized aluminum fastened to wall at ends.

5. All glazing should be ¼” clear safety tempered glass with 1.75” x 4.5” framing.

6. New door hardware to include:

a. Four heavy duty ball bearing butt hinges.

b. Push side Von Duprin 99 rim exit device with quiet latch retraction (QEL) or equal to.

i. Quiet operation in both mechanical and electronic states

ii. Auto adjust latch retraction – automatically adjusts latch throw and pull

iii. Push bar is pulled in electronically for quieter operation when dogged

c. Push side request to exit with jamb mounted strike.

d. Push side Nabco GT 710 low energy operator bronze finish.

i. Low-energy operation

ii. Push and go

iii. Obstacle detection in opening and closing cycles

iv. On, off, hold-open

e. RFID corridor door lock compatible with Von Duprin 99 rim exit device and, DormaKaba Ilco 790 RFID Series Door Lock & Front Desk Unit G4 systems.

i. Complies with 2010 ADA Standards for Accessible Design – Art. 309.4 (Operable Parts).

ii. Certified to be compliant with Grade One performance tests for ANSI/BHMA A156.13 Standard for Mortise Locks and Latches,” and “ANSI/BHMA A156.25 Standard for Electrified Locking Devices.”

iii. Electronics FCC Part 15 Class A and Complies with CE Radio Equipment Directive 2014/53/EU

iv. Keycards read and encoded: Low or high coercivity, track 1, 2 or 3 magnetic stripe cards and Mifare credentials

v. As well as key override compatible with Stanley/Best 7 pin interchangeable core.

f. Secure side DormaKaba Ilco 790 compatible hotel style RFID wall mounted access pad to activate lock and door openers.

i. Complies with 2010 ADA Standards for Accessible Design – Art. 309.4 (Operable Parts).

ii. Certified to be compliant with Grade One performance tests for ANSI/BHMA A156.13 Standard for Mortise Locks and Latches,” and “ANSI/BHMA A156.25 Standard for Electrified Locking Devices.”

iii. Electronics FCC Part 15 Class A and Complies with CE Radio Equipment Directive 2014/53/EU

iv. Keycards read and encoded: Low or high coercivity, track 1, 2 or 3 magnetic stripe cards and Mifare credentials

10C Contractor will provide all materials, labor and travel to reverse swing on existing storefront door from Right Hand Reverse(RHR) to Left Hand Reverse (LHR).

Contractor will provide all materials, labor and travel to reconfigure existing hardware and door to LHR swing door.

1. Existing door hardware includes:

a. Four heavy duty ball bearing butt hinges.

b. Push side Von Duprin 99 rim exit device with quiet latch retraction (QEL) or equal to.

c. Push side request to exit with jamb mounted strike.

d. Push side Nabco GT 710 low energy operator bronze finish.

e. Pull side bronze finish thought bolted wire pull handle with cylinder hole.

Contractor will provide all materials, labor and travel required to adapt existing access control system to a LHR swing door system.

Contractor will provide all materials, labor and travel required to install new window film as indicated in attached photos.

8C Contractor will provide all materials, labor and travel to fabricate GWB wall with swinging wood double doors with vison lights.

1. Wall to be standard commercial wall structure with metal studs & 5/8” wall board.

a. Wall to be finished both sides to include paint and all necessary trim work.

2. Doors will be standard 3’0” x 7’6” solid opposing swing wood doors with vision lights.

3. Door hardware will include:

f. Four heavy duty ball bearing butt hinges.

g. Lenel 1320 series 3 Dual Reader Interface Module - This Module must connect to the Lenel 3300 Intelligent System Controller at the 8D Wing Closet.

h. HID Signo 40K Reader (high and low frequency enabled for HID Clamshell Cards and PIV Cards) or equal.

i. Dimensions--80 mm x 121.5 mm x 21.5 mm (3.16 in x 4.79 in x 0.85 in)

ii. 13.56 MHz contactless smart cards supported--Seos®, iCLASS® SE™, iCLASS®, MIFARE DESFire® EV1/EV2/EV3 and MIFARE® Classic.

iii. 125 kHz contactless cards supported--HID Prox®, Indala® Prox, Dorado® Prox, and EM Prox legacy contactless credentials

iv. Protocol--Open Supervised Device Protocol (OSDP) Wiegand

i. Magnetic Locks (2)

j. Pull Station Switch (2) – Double Pole Double Throw (DPDT contacts (one for cutting power to maglocks, one for alarm system input)

k. Access Control Cabinet:

i. NDAA Compliant

ii. Dimensions--14.5"W x 18"H x 4.62"D

iii. Material—Steel

iv. Mount Type--Wall Mount

l. Power Supply Cabinet:

i. Power Supply Type : Intelligent Switching

ii. Voltage : 12/24

iii. Output Voltage : 12.5 or 25 VDC

iv. Efficiency Rating : Up to 91% efficiency

v. Input Voltage : 120

vi. Amps : 4

vii. Class 2 Power Limited

viii. Battery Backup

ix. Dimensions: 14”H x 12”W x 4.5”D

m. Magnetic Door Position Sensors – Contact Sensors (each door) – prefer recessed installation instead of surface mount

n. IR Request to Exit sensor

o. All hardware will be tied into existing alarm monitoring and access control systems utilizing Lenel S2 OnGuard Software. And the Honeywell Notifier ONYX Works fire alarm system as required by NFPA.

p. Access control system will be configured for operation as follows

i. Install access control via a wall-mounted PIV card reader for a double swing door.

ii. The door will be secured with magnetic locks.

iii. A valid card presentation will de-energize the magnetic locks and trigger the door operator to open the doors.

iv. Two wall-mounted pull plate switches (one on each side of the door) will cut power to magnetic locks and trigger an alarm event at the police monitoring station.

v. Doors will have door position sensors to trigger a door-forced or door-held open alarm at the Police monitoring station. Recessed-mounted sensors are preferred.

vi. A Request to Exit IR sensor will monitor the secure side of the doors, de-energize the magnetic locks, and operate the doors when exiting.

vii. A Lenel-certified technician must install and program all equipment.

Vendor will be required to confirm all measurements on-site.

B. Provided by VA:

1. 115VAC power above ceiling for operator & exit device power supply

2. All required relocations of sprinkler heads

3. VA Police Physical Security will provide port and address information for programming the system into the existing Lenel platform

C. The following is required for this contract:

All work will be in accordance with:

a) NFPA 72: National Fire Alarm and Signaling Code.

b) NFPA 70E: Standard for Electrical Safety in the Workplace.

c) NFPA 70: National Electrical Code – Articles 517, 645 & 800.

d) NFPA 77: Recommended Practice on Static Electricity.

e) NFPA 99: Healthcare Facilities.

f) NFPA 101: Life Safety Code.

D. Period of Performance: 30 calendar days

1. One (1) Week after contract award- Submittals due.

2. One (1) Week-Required submittal review.

3. One (1) Week after all materials arrive- Work starts

4. One (1) Week-To complete work.

5. TOTAL period of performance is 30 calendar days plus material lead time.

Attachments:

1. Door sample and placement.

2. Door locations.

3. Aluminum Door Spec.

4. Glazing Spec.

[For this IFB, there are NO clauses in this Section] Project No: 4/4/2025

4/4/2025

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

I.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 15 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 the date the contractor receives the 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 . 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)

I.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73or VOSBs as set forth in 852.219–74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219–73 or VOSBs as set forth in 852.219–74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause)

I.5 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)

I.6 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

(a) Nothing contained in this contract shall be construed as creating any contractual relationship between any subcontractor and the Government. Divisions or sections of specifications are not intended to control the Contractor in dividing work among subcontractors, or to limit work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of his/her own employees, and of the subcontractors and their employees. The Contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers.

(c) The Government or its representatives will not undertake to settle any differences between the Contractor and subcontractors or between subcontractors.

(d) The Government reserves the right to refuse to permit employment on the work, or require dismissal from the work, of any subcontractor or subcontractor employee who, by reason of previous unsatisfactory work on Department of Veterans Affairs projects or for any other reason, is considered by the Contracting Officer to be incompetent, careless, or otherwise objectionable.

(End of Clause)

I.7 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) I.8 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

(a) Definitions. As used in this clause—Kaspersky Lab covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., ‘‘Kaspersky’’;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

I.9 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

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

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

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

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

(3) For long-term contracts—

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

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

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract (e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract (e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract (e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405–5(b) and 19.301–2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

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

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

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

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).