36C24619R0069-001.docx

36C24619R0069 Contract Procedures

3B. TELEPHONE NO.

2. DATE OF CONTRACT

1. CONTRACT NO.

3C. ADDRESS OF

ARCHITECT-ENGINEER

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

8. NEGOTIATION AUTHORITY

7. CONTRACT AMOUNT (Express in words and figures)

5. PROJECT TITLE AND LOCATION

3A. NAME OF ARCHITECT-ENGINEER

4. DEPARTMENT OR AGENCY AND

ADDRESS

6. CONTRACT FOR (General description of services to be provided)

NSN 7540-00-181-8326

STANDARD FORM 252 (REV. 10-83)

PREVIOUS EDITION NOT USABLE

Prescribed by GSA-FAR(48CFR)53.236-2(a) (Include ZIP Code) (Include Area Code) (Include ZIP Code)

ARCHITECT-ENGINEER CONTRACT

TBD

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Project No. 652-19-104 Expand Steam Distribution System VA Medical Center, Richmond, VA

See Attached SOW for details.

Submit SF330 and capability statement by 4PM on 02/11/2019.

This is not a request for pricing.

POC: Craig Powell craig.powell@va.gov

38 U.S.C 8106 and 48 CFR 606

SIGNATURES

NAMES AND TITLES (Typed)

STANDARD

FORM 252 BACK

(REV. 10-83)

10.

The United States of America (called the Government) represented by the Contracting Officer executing this contract, and the Architect-Engineer agree to perform this contract in strict accordance with the clauses and the documents identified as follows, all of which are made a part of this contract:

If the parties to this contract are comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

The parties he reto have excuted this contract as of the date recorded in item 2.

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A B C D

12. THE UNITED STATES OF AMERICA

Contracting Officer Public Announcement for Procurement of Engineering Services

Statement of Work

PUBLIC ANNOUNCEMENT FOR PROCUREMENT OF ARCHITECT-ENGINEERING (A/E) SERVICES: This is a request for Standard Form 330, Architect-Engineer Qualifications only. A-E Services are being procured in accordance with the Selection of Architects and Engineers Statute (Public Law 92-582), formerly known as the Brooks Act, and implemented in Federal Acquisition Regulation (FAR) subpart 36.6. All submissions will be evaluated in accordance with the below selection criteria. The Government will not pay, nor reimburse, any costs associated with responding to this request. The Government is under no obligation to award a contract as a result of this announcement. Firms will be selected based on demonstrated competence and qualifications for the required work. Any resulting award for the proposed A/E services will be procured under a negotiated Firm-Fixed Price contract.

The NAICS Code for this acquisition is 541330, Engineering Services, and the applicable Small Business Size Standard is $15 million annual revenue. During performance, the selected A/E firm will be required to attend meetings in person, on site, at the Richmond VA Medical Center, Richmond, VA. Therefore, the area of consideration is RESTRICTED to a maximum 500-mile radius of the Richmond VA Medical Center, 1201 Broad Rock BLVD, Richmond, Virginia 23224 in which either the A/E firm s Primary or established Auxiliary/Satellite office must be located. NOTE: The 500-mile radius will be measured by one or more of the nationally recognized commercial free on-line mapping services from the Primary or established Auxiliary/Satellite Office Address to the above VA address (shortest driving distance option). Proximity of the firms assigned office, to the project site, including within the 500-mile radius, is one of the criteria on which selection of the most highly qualified firms will be based.

Interested parties shall ensure current licensing to provide real property design services (Engineer Services) in accordance with the State regulations of which the firms assigned office is located, and shall have a current registration in: (1.) the System for Award Management (SAM) database at https://www.sam.gov, (2.) and the Vendor Information Pages database at http://www.va.gov/osdbu, if applicable, and (3.) have submitted the current cycle VETS-4212 Report at http://www.dol.gov/vets/programs/fcp/main.htm (for contracts in the amount of $150,000.00 or more). Failure of a proposed SDVOSB to be certified by the CVE at the time the SF 330 is submitted shall result in elimination from further consideration.

PROJECT INFORMATION:

Project No. 652-19-104

Expand Steam Distribution System

Richmond VA Medical Center

1201 Broad Rock BLVD

Richmond, Virginia 23224

**SEE ATTACHED STATEMENT OF WORK FOR DETAILS**

PROJECT DESCRIPTION: The A/E shall provide professional Architect/Engineer (AE) and healthcare planning services necessary to expand existing steam boiler system located in the Boiler Plant Building 501 and the steam distribution system to the existing out buildings (507, 508, 509, 511, 512, &514) and future planned buildings (Women’s Clinic, Additional 40,000 sf & etc) on Hunter Holmes McGuire VA Medication Center, Richmond VA.

AE is responsible for providing all services necessary for design of this – i.e. demolition, civil, surveying, geotechnical, structural, architectural, mechanical, plumbing, fire protection, electrical, telecommunications, and environmental.

AE will review needs identified by the Integrated Project Team for the area under consideration for design and provide recommendations. A minimum of three options that address the identified needs will be presented to the VA for review. In addition, the project shall be phased to minimize the impact to the Medical Center and patient care. Prior to submission of Schematic design material, the AE shall meet with the VAMC’s COR to discuss proposed phasing requirements for the project. These phasing requirements shall describe the general sequence of the project work, estimated project duration, and what Government constraints will exist that will influence the Contractor's approach to the construction project. The AE shall be responsible for documenting the phasing requirements.

The AE shall provide an evaluation, cost estimate, and conceptual plans to determine the feasibility of completing the project within project budget for each of the three options submitted. Disadvantages and advantages will be provided including impacts to patient care/medical center operations and order of magnitude cost estimates (with cost of patient care factored into the economy/feasibility).

Project design will require contractor to recycle disposed of material such as carpet and ceiling tile. Documented quantities, disposal method and final certified documents noting that demolition materials have properly been recycled.

At the 95% design submission, the AE shall finalize a construction plan showing temporary conditions for construction, per phase, to ensure continuance of all hospital utility services, general conditions, and life safety are designed, identified and specified including:

· Identify all affected hospital utilities and provided phasing and or temporary utility plans to ensure 100% continuance of all affected utilities. Identify required utility outages, including estimated durations as part of the phasing plan.

· denote all existing rated barriers (vertical and horizontal) and identify requirements for demolition of existing systems and installation of new systems in or through these barriers (patch and fill requirements and timeframes after demo)

· denote temporary construction barrier wall and construction entry door/frame types and ratings for separation of construction areas to other areas (all barriers between construction areas and other areas shall be maintained with a minimum of a one hour fire barrier until final installation of ceiling and sprinkler system). All temporary construction barriers shall be finished immediately upon installation and the finishes shall mirror and be cohesive with surrounding areas.

· identify requirements for all fire protection systems during construction:

· will sprinklers, smoke detectors, pull stations, etc. remain active? fire watch required?

· will a heat detection system be installed due to a compromised fire protection system?

· will construction barriers re-route egress or necessitate egress signage change outside of construction space?

· identify contractor laydown area, trash, delivery and pedestrian/construction routes.

· identify any temporary utilities connections for contractors use as necessary

· identify utilities/systems passing through construction space or that require bypass during construction to be maintained/bypassed to ensure continuity of services in adjacent areas

· denote legionella water concerns through construction (temporary water temperature ranges maintained, no stagnant water, no dead legs, flushing/heating of the system prior to tie-ins and before turnover to VA, etc.)

The following items shall be addressed with the design:

· Fully sprinklered and fire protection systems integrated into existing system

· New Steam System Equipment integrated with Johnson Control DDC system.

· Providing certified industrial hygiene services to perform asbestos survey investigations, bulk sampling and development of specifications and drawings.

· Minimize impacts to continuity of care at all times. Phase construction as required to minimize impacts to continuity of care as the work is being completed.

AE shall retain the services of a registered Fire Protection Engineer to design and review the entire project for code compliance. Guidance on Fire Protection Engineer Consultant Services can be found at the following links:

· http://www.cfm.va.gov/til/ae/fp_engr.doc

· http://www.cfm.va.gov/til/aeDesSubReq.asp At the 95% design submission phase, the VA will retain the services of a 3rd party registered Fire Protection Engineer to review the design for fire and life safety code compliance in accordance with the latest edition of VHA Directive 7712 Fire Protection Code Reviews of Delegated Construction Projects. The AE shall incorporate all comments into the design prior to finalizing the design. https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=5331

SPECIFICS:

Provide professional engineering services for the site investigation report, construction document, specifications, drawings and cost estimates to replace existing three (3) water-tube boiler systems located in the Boiler Plant Building 501 and the expand steam distribution system to the existing out buildings (507, 508, 509, 511, 512, &514) and future planned buildings (Women’s Clinic, Additional 40,000 sf & etc) on Hunter Holmes McGuire VA Medication Center, Richmond VA.

The design of this project will address, but will not be limited to, the following items:

1. The Design Architect/Engineering (A/E) shall have previous experience in the design of boiler plant facilities. A/E must provide documentation of at least two boiler plant facility designs with references names and phone numbers.

2. A/E shall provide the feasibility study with LCCA report which includes the following:

· Complete Steam load study IAW PG18-10

· Baseline Load- Existing Connected Load (Load connected to the existing boiler system)

· Alternative Load- Existing Connected Load + Existing Out buildings Load + Future Additional Load

· Complete Boiler System Capacity by IAW PG18-10

· Evaluation of existing steam system, capacities, and ancillary equipment that impact system operation. System deficiencies shall be identified and prioritized. A/E shall present conceptual design alternatives to expand the steam system along with the Life Cycle Cost Analysis (LCCA) IAW PG 18-10. The boiler replacement project is to include, but is not limited to new dual fuel high pressure steam boilers, condensate tanks, condensate pumps, fuel pumps, de-aeration tanks, controls, safeties, and all associated mechanical, electrical and plumbing systems associated with the entire steam generation, fuel/power supply and condensate return systems

· Complete Boiler Plant Heat Recovery system evaluation and recommendation with LCCA

· Outside Steam Distribution System Evaluation

· The site investigation report is to include conceptual horizontal alignments of the steam distribution system overlaid on the existing site/utility survey.

3. A/E shall perform site utility survey to verify existing underground utilities to determine optimal horizontal and vertical alignment of the proposed steam distribution system. Existing Utility Survey Drawing to include the following but not limited to:

· Water Distribution System

· Sanitary and Storm Water Collection Systems

· Electric Distribution System

· Communication Systems

· Gas System

4. A/E shall provide construction document, specifications, drawings and cost estimates of selected alternative from the feasibility study to replace the boiler steam generation system located in Building 501.

i) Design must provide all necessary Structural, Civil, Architectural, Mechanical, Electrical and Plumbing estimates, drawings and specifications for this project.

ii) The design will include any required renovation of the current building to assure the facility is laid out in the most efficient and safe way to accommodate the replacement boiler units and related components.

iii) Maintain n+1 redundancy at all times while equipment is being replaced. Temporary boiler systems may be required if permanent boiler systems cannot be installed prior to demolition of existing boiler system. Temporary boilers necessary to maintain n+1 redundancy shall be phased to be in place prior to replacement of equipment. AE shall evaluate available space and design temporary systems as needed to maintain N+1 redundancy. Design shall minimize shutdown times of the steam systems. The design shall consider the ease of future replacement of equipment and the capability to hook-up a portable boiler in the event of a boiler failure. All systems shall be ties into existing emergency electrical power systems.

iv) A phasing plan is critical and should be prepared early to assure no negative impacts to the boiler plant operation. Downtime of systems should be kept to a minimum. The plan shall address provisions for continuation of service during outages.

v) A/E will hire a qualified third-party professional to provide the necessary design reviews of the project for compliance VA’s standards IAW VHA Directive 1810.

· A Qualified Third-Party should identify all corrections necessary for the A/E to bring the design into compliance. A/E is required to incorporate and make necessary corrections to the design to bring the design into compliance prior to the final design documents being issued for a construction contract award.

· 95% design submittal package is to include the Qualified Third-Party Review Comments along with a letter on a completed and signed Independent Technical Review (ITR) Certification Form (Attachment G) for A/E to certify and verify the plans and specifications have been reviewed for compliance with applicable codes, standards and regulatory requirements.

Below is a list of government furnished information to the A/E as reference only. The A/E contractor shall field verify all existing conditions such as equipment, piping, horizontal, vertical locations, etc as part of the site investigation.

Attachment H-Existing Site Utility Drawing Attachment I-As- Built Drawings for 501 Boiler Plant Building Attachment J- Steam Generation Data Attachment K- Boiler Plant Safety Device Training Report dated March 05, 2015

The construction budget for this project is $2,500,000

DESIGN COSTS: All offerors are advised that in accordance with VAAR 836.606-73(a) the total cost of the architect or engineer services contracted for must not exceed six percent (6%) of the estimated cost of the construction project plus any fees for related services and activities. Additionally, FAR 52.236-22 Design Within Funding Limitations, will be applicable to this procurement action. Design limitation costs will be provided to the most highly rated AE firm(s) selected in accordance with the process outlined below.

SDVOSB SET-ASIDE: This request for A-E firm qualifications packages is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns under VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Dec 2009).

LIMITATIONS ON SUBCONTRACTING: In accordance with VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and 13 CFR 125.6, a service disabled veteran-owned small business concern (SDVOSB) agrees that, in the performance of the contract, it will not pay more than 50% of the amount paid by the government to it, to firms that are not similarly situated. Firms that are similarly situated are those that are also CVE-registered SDVOSBs.

SELECTION PROCESS: The agency has convened an evaluation board for the evaluation of responses to this notice. Responses will be evaluated in accordance with the Selection of Architects and Engineers Statute (Public Law 92-582), formerly known as the Brooks Act, and implemented in Federal Acquisition Regulation (FAR) 36.6. Specifically, SF 330 submissions will be evaluated to identify the most highly qualified firms, using the selection criteria identified below. Discussions will be held with at least three (3) of the most highly qualified firms. Interviews may be conducted. The processes at FAR 36.602-4 and FAR 36.606 will then be followed.

SELECTION CRITERIA: The submitted SF330s will be evaluated in accordance with the following eight criteria from the Federal Acquisition Regulation (FAR) 36.602-1 and Veteran Administration Acquisition Regulation (VAAR) 836.602. Therefore, information provided by interested parties, on the SF330, shall address the following criteria. Instructions are provided.

(1) Professional qualifications necessary for satisfactory performance of required services; Key personnel shall, at a minimum, include the project managers and designers of record who would be assigned to perform the work. (See SF330 Part I Sections E, F and G, but not excluding other information provided on the SF330 and supporting documentation.) Weight: 15%

(2) Specialized experience and technical competence in the type of work required; (See SF330 Part I Sections E, F and G, but not excluding other information provided on the SF330 and supporting documentation.) Weight: 15%

(3) Capacity to accomplish the work in the required time; Weight: 15%;

Respond as follows, as an addendum to the SF330:

(i.) Provide a list of current projects with a design fee of greater than $20,000 currently being designed in the firm’s office. Indicate the availability of the proposed project team (including sub-consultants) for the specified contract performance period in terms of: (1.) both the average and maximum number of projects being worked simultaneously for the previous twelve (12) month period, for each key personnel member, (2.) the number of projects currently being worked by each key personnel member identified in the SF330, and (3.) the number of projects that could be added to workload, given size and complexity;

(4) Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules (three (3) references required); Weight: 15%;

Respond as follows, as an addendum to the SF330:

(i.) Submit no less than three (3) and no more than five (5) past performance references for recent and relevant projects identified on SF330 Part I Section F. Any of the following evaluations are acceptable: (a.) A-E Contractor Appraisal Support System (ACASS), (b.) Contractor Performance Assessment Report System (CPARS), or (c.) Past Performance Questionnaire (PPQ) evaluation. The required PPQ template is provided as an attachment to this announcement (Attachment C). A-Es should follow-up with references to ensure timely submittal of PPQ s, if used. Completed PPQs shall be submitted ONLY by the company/agency providing the reference, directly to the Contracting Officer, prior to the due date. If a completed ACASS/CPARS evaluation is available, it shall be submitted with the completed SF330 package, in lieu of completing the Past Performance Questionnaire (PPQ).

(ii.) Project Recency: A project will be considered recent only if performance was completed within five (5) years of the date of issuance of this public announcement. Ongoing projects will not be considered as no accurate performance record can exist for work not yet completed.

(iii.) Project Relevance: The past performance references must be similar in scope to the design project described in the attached Statement of Work.

(5) Location in the general geographical area of the project and knowledge of the locality of the project (maximum allowable distance of 500 miles from the project location, measured as previously stated); Weight: 10%

(6) Reputation and standing of the firm and its principal officials with respect to professional performance, general management, and cooperativeness. (See SF330 Part I Sections E, F and G, but not excluding other information provided on the SF330 and supporting documentation, or otherwise identified in Federal and/or State Government databases.) Weight: 10%

(7) Record of significant claims against the firm because of improper or incomplete architectural and engineering services. Weight: 10%

(8) Specific experience and qualifications of personnel proposed for assignment to the project and their record of working together as a team. (See SF330 Part I Section G, but not excluding other information provided on the SF330 and supporting documentation.) Weight: 10%

DUE DATE FOR SF330 QUALIFICATIONS SUBMISSIONS: Firms that meet the requirements listed in this announcement are invited to electronically submit the completed Standard Form (SF) 330 (Parts I and II) packages to craig.powell@va.gov no later than 4:00pm EST, Monday, 11 February 2019. Submissions should be encrypted and may require multiple emails. The single email limit for file attachments is 10MB per email. Late proposal rules found in FAR 15.208 will be followed for late submittals. Acknowledgement of receipt will be provided, which will include the number of emails and number of attachments received. Thirty (30) calendar days are being provided from date of issuance to respond to this notice.

All SF 330 submissions shall be clearly marked with the subject line displaying the Solicitation Number 36C24619R0069. The SF 330 form may be downloaded from https://www.gsa.gov/reference/forms, and is also provided as an attachment to this notice. Completed SF 330 shall include the primary firms, subcontractor firms, and any consultants expected to be used on the project. Interested firms shall address each of the Eight (8) Selection Criteria in their SF 330 s and additional documents/submittals.

THIS IS NOT A REQUEST FOR PROPOSAL. THERE ARE NO SOLICITATION DOCUMENTS AVAILABLE. This is a request for SF 330, Architect/Engineer Qualifications packages only. Any requests for a solicitation will not receive a response.

EVALUATION METHOD: Identification of the most highly qualified firms will occur by using the following rating methodology and the above selection criteria. The number of firms identified by the evaluation board as the most highly qualified will be determined based on the responses received. Where three (3) or more responses are received from qualified firms, a minimum of three (3) firms will be identified as the most highly qualified. If less than three (3) responses are received, then only those firms that are qualified will be considered, or the requirement may be re-advertised. SF330 packages rated as “marginal” or “unacceptable” (see below) for any one criteria, or more than one criteria, may be removed from consideration as that firm may not represent a qualified firm for the purposes of this procurement. The excluded firm(s) will not be counted towards the tally of three (3) responses, or three (3) qualified firms, described above.

Each of the eight (8) criteria will be assigned one of the ratings shown below, based on a consensus rating of the board s evaluation of the response. The weights for each of the criteria are identified above. A total weighted score will be calculated by multiplying the individual criterion ratings by the criteria weights, and then summing the individual criteria scores. The highest possible total score is 300.

Outstanding: Criterion response suggests the firm has a high level of demonstrated competence and/or qualifications relevant to the requirement, and/or the capacity to perform the work. Rating Value: 3

Good: Criterion response suggests the firm has a moderate level of demonstrated competence and/or qualifications relevant to the requirement, and/or the capacity to perform the work. Rating Value: 2

Marginal: Criterion response suggests the firm has limited demonstrated competence and/or qualifications relevant to the requirement, and/or limited capacity to perform the work. Rating Value: 1

Unacceptable: Criterion response suggests the firm is unqualified for this requirement, and/or lacks the capacity to perform the work. Rating Value: 0 Table of Contents

REPRESENTATIONS AND CERTIFICATIONS

1.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

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

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

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

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

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

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

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

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

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

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

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

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

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

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

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

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

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

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

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

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

36C24619R0069 Representations And Certifications (End of Provision)

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GENERAL PROVISIONS

2.1 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)

2.2 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

36C24619R0069 General Provisions (End of Clause) Page 1 of Page 1 of

GENERAL CONDITIONS

REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

a. As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502 and 42.1503, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, Contractor Performance Assessment System (CPARS), which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

b. The Contractor will have an opportunity to review their ratings/comments, under the step “Contractor Comments” in CPARS. You will be notified via email by the CPARS system to review the report and provide comments. Each contractor whose contract award is estimated to exceed $100,000 may register with CPARS database at the following web address: www.cpars.gov in order to review the past performance evaluations. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the Contractor's registered representative.

3.1 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)

3.2 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause)

3.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause)

3.4 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)

3.5 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

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

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

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

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(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 covered article. The Contractor is prohibited from—

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

(2) Using any 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 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 1 business day 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 covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of 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 items.

(End of Provision)

3.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.