36C24518Q0120-001.docx
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- Replace Transformer Substation #4 Project #581-18-900 Federal contract opportunity
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- 36C24518Q0120
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PAGE OF PAGES
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
1. REQUEST NO.
2. DATE ISSUED
3. REQUISITION/PURCHASE REQUEST NO.
4.
CERT. FOR NAT. DEF.
RATING
UNDER BDSA REG. 2
AND/OR DMS REG. 1
5A. ISSUED BY
6. DELIVER BY (Date) 5B. FOR INFORMATION CALL: (No collect calls)
7. DELIVERY
NAME
TELEPHONE NUMBER
FOB DESTINATION
(See Schedule)
OTHER
AREA
CODE
NUMBER
9. DESTINATION
a. NAME OF CONSIGNEE
8. TO:
a. NAME
b. COMPANY
b. STREET ADDRESS
c. STREET ADDRESS
c. CITY
d. CITY
e. STATE
f. ZIP CODE
d. STATE
e. ZIP CODE 10.
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ON
OR BEFORE CLOSE OF BUSINESS (Date) This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
ITEM NO.
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(a) (b) (c) (d) (e) (f)
a. 10 CALENDAR DAYS %
b. 20 CALENDAR DAYS %
c. 30 CALENDAR DAYS %
d. CALENDAR DAYS
NUMBER
PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION
15. DATE OF QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS
16. SIGNER
a. Name (Type or print)
b. TELEPHONE
c. COUNTY
AREA CODE
d. CITY
e. STATE
f. ZIP CODE
c. TITLE (Type or print)
NUMBER
IMPORTANT:
11. SCHEDULE (Include applicable Federal, State and local taxes)
12. DISCOUNT FOR PROMPT PAYMENT
(THIS IS NOT AN ORDER)
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 18 (REV. 6-95)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
REQUEST FOR QUOTATIONS
X 36C24518Q0120 03-05-2018 581-18-2-1605-0082 Department of Veterans Affairs Network Contracting Office 9 (NCO 9) 90C
NCO 9
624 9th Street Huntington
WV
25701 Katrina Chapman 304-429-6755 X3806 Department of Veterans Affairs Huntington VA Medical Center 1540 Spring Valley Drive Huntington
WV
25704 03-22-2018 See CONTINUATION Page Huntington VA Medical Center has a project titled "Replace Transformer Substation #4". Work inlcudes, but not limited to removal and disposal of existing NON-PCB liquid-filled 2,000kVA substation transformer and connecting new NON-PCB liquid filled 2,000kVA substation transformer to existing switch assembly and switchgear, and any other miscellaneous electrical wiring and/or connections required for a completed project.
COMPLETION TIME: 160 Calendar Days from Notice to Proceed NAICS: 237130 SIZE STANDARD $36.5 Million
COST RANGE: BETWEEN $100,000 AND $250,000
A SITE VISIT IS SCHEDULED FOR MONDAY MARCH 12, 2018 AT
10:00AM LOCAL TIME AT HUNTINGTON VA MEDICAL CENTER BLDG 8
CONFERENCE ROOM (RM 8200), HUNTINGTON, WV 25704
BASIS FOR AWARD: Lowest Priced Offer. Award will be based lowest reasonable/realistic price received.
QUOTES ARE DUE NO LATER THAN 4:00PM LOCAL TIME WEDNESDAY
3/28/2018 AND MAILED TO KATRINA CHAPMAN AT ADDRESS IN
BLOCK 5A. THE QUOTE SHOULD BE VALID FOR 120 CALENDAR DAYS.
RFIs ARE DUE NLT 4:00PM MON. 3/19/2018. BID BOND IS REQ'D X Table of Contents
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 4 |
| STATEMENT OF WORK | 4 |
| 2.1 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998) | 9 |
| 2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 10 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 10 |
| 2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 11 |
| 2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 11 |
| 2.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 12 |
| REPRESENTATIONS AND CERTIFICATIONS | 13 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) | 13 |
| GENERAL CONDITIONS | 17 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 17 |
| 4.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 17 |
| 4.3 52.223-21 FOAMS (JUN 2016) | 18 |
| 4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 19 |
| 4.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 19 |
| 4.6 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) | 22 |
| 4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 22 |
| 4.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 24 |
| 4.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 24 |
| 4.10 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 25 |
| 4.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 26 |
| 4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 26 |
| 4.13 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) | 27 |
| 4.14 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) | 27 |
| 4.15 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) | 28 |
| 4.16 VAAR 852.236-76 CORRESPONDENCE (APR 1984) | 28 |
| 4.17 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) | 28 |
| 4.18 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) | 29 |
| 4.19 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) | 29 |
| 4.20 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) | 29 |
| 4.21 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 30 |
| 4.22 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 32 |
| 4.23 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) | 33 |
| 4.24 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) | 33 |
| 4.25 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) | 33 |
| 4.26 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 34 |
| 4.27 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) | 36 |
| 4.28 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) | 36 |
| 4.29 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) | 37 |
| 4.30 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008) | 37 |
| 4.31 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 38 |
| WAGE DETERMINATION | 38 |
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
STATEMENT OF WORK
A. GENERAL INFORMATION
Title of Project: Replace Substation Transformer Unit #4
Scope of Work: The contractor shall provide all resources necessary to accomplish the construction project described per the provided specifications and drawings. The project scope includes removal and proper disposal of existing NON-PCB liquid-filled 2,000kVA substation transformer unit #4 and installation of proposed new NON-PCB liquid-filled 2,000kVA substation transformer unit. Work included but is not necessarily limited to general construction activities for removal and replacement work as detailed on the plans and indicated in the specifications.
Contractor shall request, coordinate, and schedule two (2) separate power shutdowns to existing 2,000kVA substation transformer unit #4 to: a) have the opportunity to field locate and verify all termination types, fuse assemblies, connection types, wiring sizes and types along with any other information necessary to complete the project and b) all removal and replacement of substation transformer unit as well as conduct any necessary test(s) that are required to complete the project.
It is the reasonability of the contractor to:
· Verify and ensure all custom transition pieces including but not limited to those that cover both primary high-voltage and secondary low-voltage bushings are of correct, proper, operational, and functional size prior to attaching and securing to proposed new substation transformer unit.
· Verify and ensure all electrical/mechanical connections such as lugs, terminals, terminations, flex connectors, wiring, etc. on proposed new substation transformer unit are operational, functional and properly attach to existing Switch Assembly and Switchgear.
· Ensure all electrical/mechanical connections from proposed new substation transformer unit to existing Switch Assembly, Switchgear, and any other necessary equipment are properly attached and are working, operational and functional.
· Due to the location of the existing Switch Assembly and SwitchGear, the contractor shall ensure proposed new substation transformer unit is manufactured, oriented, and installed correctly to allow primary high-voltage and secondary low-voltage bushings as well as any other necessary equipment properly align and attach to any necessary existing equipment.
The contractor can expect schedule of work during weekend.
Background: The project will replace existing 2,000kVA substation transformer unit #4 with new 2,000kVA substation transformer unit. Fluid sampling indicated the existing substation transformer #4 unit may be arcing and thus beginning to fail.
Performance Period: It is anticipated the work required under this project should be completed in 160 calendar days or less from receipt of the Notice to Proceed, unless otherwise directed by the Contracting Officer (CO) through modifications to the contract. The time is due to the majority of the work being performed after hours, to insure minimal downtime to normal VA operations, allow proper review of project protocols, approval of submittals and schedules, and delivery of equipment.
B. CONTRACT AWARD MEETING
A pre-construction meeting shall be held with all concerned parties, at which time the notice to proceed will be effective for the contract performance period. The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a pre-construction meeting, or has advised the contractor that a pre-construction meeting is waived.
C. GENERAL REQUIREMENTS
All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.
Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 10 business days from the date of receipt. The contractor shall have 7 business days to deliver the final deliverable from date of receipt of the Government’s comments.
If for any reason any written milestone deliverable cannot be reviewed by the COR and delivered back to the contractor within the scheduled time frame, the COR is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. If deliverable cannot be delivered within the scheduled time frame, compensation may be due to the contractor.
Non-disruptive work shall be accomplished during normal business hours (8:00 am - 4:30 pm, Monday through Friday). All work involving core drilling, demolition, and work that would interrupt VA operations shall be completed on non-business hours. All power shutdowns or outages are to take place on weekends or non-business hours. It is expected that most of this work must be completed during non-business hours.
D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES
Description of Tasks and Associated Deliverables: The contractor shall complete replacement of substation transformer #4 as shown and outlined on the drawings and specifications provided.
The contractor shall furnish all labor, materials, equipment, and supervision to perform all work in accordance with the terms, conditions, drawings, and specifications. Work includes removal and disposal of existing substation transformer #4, installing and connecting new substation transformer to existing switch assembly and switchgear, and any other miscellaneous electrical wiring and/or connections required for a completed project. Refer to drawings and specifications for detailed description of tasks to be completed.
BID ITEM I, (BASE BID) GENERAL CONSTRUCTION AND ELECTRICAL WORK: Work includes general construction, electrical work, alterations, and necessary removal and replacement of existing substation transformer unit #4.
A. General Construction:
1.) Per Drawings E002 and E003 existing 2,000kVA substation transformer unit #4 to be removed and properly disposed of off-site.
2.) Per Drawing E004, size of all transition pieces including but not limited to those that cover both primary high-voltage and secondary low-voltage bushings on new 2,000kVA substation transformer unit #4 may be customized by the contractor.
3.) Per Drawing E005, hammer drill holes for installation of 5/8”x6” wedge anchor bolts.
4.) Per Drawing E005, installation of 5/8”x6” wedge anchor bolts with the following characteristics: 1.) Minimum drilled hole depth between 3 ¾” – 5 ¼”; 2.) Effective embedment depth between 2 ½” – 4”; 3.) Installation torque of 90 ft-lb.
5.) Per Drawing E005, secure new 2,000kVA substation transformer unit to existing concrete using 5/8”x6” wedge anchor bolts once holes have been drilled.
B. Electrical Work:
1.) Per Drawings E002 and E003, existing 2,000kVA substation transformer unit #4 to be disconnected from existing Switch Assembly and Switchgear.
2.) Per Drawing E004, connect new 2,000kVA substation transformers units’ primary high-voltage and secondary low-voltage bushings to existing Switch Assembly and Switchgear.
E. SCHEDULE FOR DELIVERABLES
The contractor shall maintain progress in accordance with the approved construction schedule as indicated in the specifications. When the progress falls out of the approved schedule range by 10% or greater, the CO will require the contractor to provide the justification for the lapse in progress. All changes to the progress schedule will be approved by the VA through modifications to the contact. If approved through a modification the contractor is required to provide a new updated progress schedule. The CO will make a determination of cause for delay in progress and issue an appropriate response.
The contract requires that the Contractor submit, within ten (10) calendar days of notice to proceed, a realistic schedule showing the order in which the work will be performed under this contract, including but not limited to, manpower and trade. The actual work elements to be accomplished will be shown as required on the reversed side of the form. Develop schedule using MS Project. The chart will be submitted to the Contracting Officer through the COR for approval.
Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.
If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the project scope and issue a response, in accordance with applicable regulations. If deliverable cannot be delivered within the scheduled time frame, compensation may be taken from the contractor.
In the event the contract is modified, changing the work, adding or deleting work, or changing the completion date, a revised schedule will be submitted.
F. CHANGES TO STATEMENT OF WORK
Any changes to the SOW and provided drawings and specifications shall be authorized and approved only through written modifications to the contract by the CO. A copy of each modification will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.
G. REPORTING REQUIREMENTS
The contractor shall provide the COR with required reporting requirements per the specifications, all daily logs shall be sent to the COR via email by Monday noon from the following week. All weekly payrolls shall be provided and up to date prior to end of month and prior to request for payment. Electronic media is acceptable. All invoices shall be received within 5 days of the first of the month, and is subject to prior COR approval.
H. TRAVEL
None required or expected.
I. GOVERNMENT RESPONSIBILITIES
Refer to specifications for specific government responsibilities and provisions.
J. CONTRACTOR EXPERIENCE REQUIREMENTS
The contractor must inform the VHA COR when personnel are removed from the contract for any reason. If a key person becomes unavailable to complete the contract, proposed substitutions of key personnel shall be made to the COR and CO for VA approval.
K. CONTRACTOR BADGING REQUIREMENTS
It is the responsibility of the contractor to coordinate with the CO and COR for badging all onsite personnel. Contractor personnel must pass a VA required background check and have a VA issued badge prior to beginning any work.
L. CONFIDENTIALITY AND NONDISCLOSURE
Preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract.
The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the CO for response.
Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.
2.1 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)
(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.
(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.
(End of Provision)
2.2 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)
2.3 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)
2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for—
MONDAY MARCH 12, 2018 AT 10:00AM LOCAL TIME
(c) Participants will meet at—
1540 SPRING VALLEY DR. BLDG 8, RM 8200 HUNTINGTON, WV 25704
(End of Provision)
2.5 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 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.222-23 |
| NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION |
| FEB 1999 |
| 52.228-1 |
| BID GUARANTEE |
| SEP 1996 |
2.6 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.
(End of Provision)
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 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 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.
(End of Provision)
GENERAL CONDITIONS
4.1 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)
4.2 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.
(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 237130 assigned to contract number .
[Contractor to sign and date and insert authorized signer's name and title].
(End of Clause)
4.3 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)
4.4 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 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 days after receipt of award. 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)
4.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"—
(1) Means any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Component" means any article, material, or supply incorporated directly into construction material.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
"Cost of components" means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
"Domestic construction material" means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
"Foreign construction material" means a construction material other than a domestic construction material.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
| Construction Material Description |
| Unit of Measure |
| Quantity |
| Price (Dollars)* |
Item 1:
Foreign Construction Material
Domestic Construction Material
Item 2:
Foreign Construction Material
Domestic Construction Material
[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)
4.6 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
Payment Bond
(b) The amount of the payment protection shall be 100 percent of the contract price.
(c) The submission of the payment protection is required within days of contract award.
(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.
(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.
(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.
(End of Clause)
4.7 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):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-10 |
| REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS |
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