36C24619R0110-005.docx

36C24619R0110 Supplement B

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

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 A/E Structural Repairs to Concrete Floor Bldg. 137 A ;

VAMC Hampton, VA Project Number: 590-19-115

This project will be performed at the Hampton, VA VAMC. See attached SOW for project details.

See attached Information to Offerors for evaluation criteria for selection of firm(s) based upon relevant e xperince for the project as detailed in the SOW.

Pricing is not required and should not be sumbitted at this time.

Submit your experience data by 2PM (EST) on June 3, 2019. Method of submission shall be submitted to the Contracting Officer via email. If a firm has submitted any experience documents pr eviously you will need to resubmit.

This will be a SDVOSB total set-asi de.

FAR Part 36, VAAR 836, The Brooks Act Table of Contents

See attached document: SF330.

36C24619R0110

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Hampton VA Medical Center

Architect Engineer (A/E)

SCOPE OF WORK

Make Structural Repairs to Concrete Floor Deck Bldg. 137A

Project # 590-19-102

-- Services --

Provide professional Architect/Engineer services to include:

1. Site investigation

2. Architectural Design

3. Condition Assessment

4. Construction drawings and specifications

5. Third party construction estimates

6. Construction period services

7. Construction Final Inspection

8. Conduct Infection Control Risk Assessment (ICRA) in conjunction with VA Safety/Infection Control staff

-- Project Scope --

SCOPE:

Provide A/E services for the Evaluation, Design and Construction Period Services of the Building 137A concrete floor deck and design repairs, as required.

This project will include an investigation by the A/E to determine the condition of the deck to identify deficiencies. The A/E shall conduct a hazardous material and asbestos survey in the crawlspace below the deck to identify any presence of these materials and supply a report and location drawing as part of the 35% design submission.

Design for a construction budget of $1,900,000. Completed design shall result in a cost that is within the budget limitations. To ensure this, the A/E shall set up one or more bid deduct alternatives totaling 10% of the construction cost. If the base bid cost exceeds budget, and deduct alternates do not bring the project within the construction budget, the A/E shall re-design or take necessary steps to reduce the cost so that budget limitations are not exceeded.

The Architect/Engineer shall make a thorough investigation of the existing site. Existing conditions shall be determined by verifying information from field investigations and any documentation that may be available. A survey shall be conducted to obtain sufficient information to permit designers to develop a detailed cost estimate and schematics. The entire Veterans Affairs drawing files will be made available and accessible along with reproduction materials, but the A/E shall provide the manpower to reproduce prints. AutoCAD drawings are also available for use, but are for reference only. This information is the best available, but the Government does not guarantee its accuracy or completeness. The A/E investigation of field conditions shall be performed in a competent, professional manner in accordance with Architectural Design Manual PG 18-10.

Incorporate in the preliminary drawings the pre-construction risk assessment/evaluation as the sample shown below.

PRE- CONSTRUCTION RISK ASSESSMENT/EVALUATION

UTILITY/ESSENTIAL SERVICES OUTAGES

VIBRATIONS

DUST (INFECTION CONTROL)/AIR QUALITY

NOISE

EQUIPMENT

CREATION OR SPREAD OF CONTAMINANTS

TRAFFIC FLOW--PATIENTS, VISITORS, STAFF, CONTRACT PERSONNEL

LIMITS OF CONSTRUCTION, BARRIER LOCATION

Provide bound specifications and 100% construction drawings with all xref’s bound. Construction documents will be required to be furnished in hard copy, electronic .dwg files (AutoCAD 2016 or most current at the time of final design submission) and electronic .pdf files. All AutoCAD drawings (including subcontractors) shall be in an organized drawing file system using its “Project Browser/Navigator”.

Cost estimates detailing quantities of materials, labor, profit, overhead, insurance, taxes, etc. in the format found at http://www.cfm.va.gov/contract/aedessubreq.asp

Life safety and infection control will be taken into account during all phases of design. Final construction documents will detail measures to be taken by the contractor to assure life safety and infection control. A preconstruction risk assessment will be completed and included in project submissions.

Plans for phasing construction to minimize impact on the medical center will be incorporated into the construction documents. Plan construction to include impacts on the medical center such as relocating patient and staff equipment, providing temporary barriers, providing temporary utilities, minimizing impact on patient flow, etc.

All design submissions will be submitted in accordance with the Program Guide PG-18-15, Volume C, for Minor/NRM projects. These submission requirements may be found at the following web site: http://www.cfm.va.gov/contract/aeDesSubReq.asp. Other applicable program guides can be found at http://www.cfm.va.gov/contract/ae.asp.

Provide construction administration to include shop drawing and submittal review, site inspections, and RFI response.

-- Site Investigations --

EXPECTATION: A/E shall make site visits as necessary to survey existing conditions.

Make site visits as required to determine existing as-built conditions affecting this project. Note: Information, including drawings and other documentation, provided to the A/E is for reference only. All additional references and specifications are available in VHA’s Technical Information Library at address http://www.cfm.va.gov/TIL/. A/E shall field verify every aspect that relates to the project. Coordinate visits with the Project Manager/Contracting Officer Representative (COR) as assigned after award. The A/E shall arrange for and oversee the performance of such investigations. Auto CAD architectural background drawings will be provided by the VA upon request, if available. The A/E shall field verify all dimensions, wall layouts, etc. A/E shall field verify every aspect that relates to the project.

-- Design Review Schedule --

EXPECTATION: Submit review package so they are received on the noted day.

Note: NTP will be issued at PDT meeting. A/E will be required to attend and take minutes of each Project Design Team (PDT) Meetings. Minutes will be submitted electronically to the Project Manager/COR and Contracting Officer within three calendar days of each meeting.

-- Design Requirements/Submissions –

EXPECTATIONS:

Submit complete review package in accordance with the following requirements and guidelines outlined in http://www.cfm.va.gov/contract/aeDesSubReq.asp. Please pay specific attention to the schematic, design and construction submission requirements. As appropriate, depending upon the complexity of the design, the A/E may elect to delete individual submissions where not required (i.e. Do not address A. Site Development, Landscaping for interior renovation projects)

DELIVER:

Schematic Design (35%):

· Provide proposed equipment, utility requirements, etc.

· Budget estimate for proposed with breakouts for equipment, materials, labor.

· Achieve a consensus on design approach before proceeding to 65% design.

· Provide hazardous materials survey.

· Complete Schematic Submission Checklist

Design Development (65%):

· Address all comments from the Schematic Design Submission review.

· Complete Design Development Checklist

Construction Documents (95%):

· Address all comments from the Design Development review.

· Submit a complete document of all contract requirements. The Cover Page shall be submitted separately for approval signatures. If necessary, update and submit until approved by the VA.

· Consolidate all necessary submittals by specification section on an Excel spreadsheet. Checklist to be utilized to track/monitor submittal process

· Complete Construction Documents Checklist

Construction Documents (Bid documents):

· Address all comments from the Construction Documents review.

· Submit required numbers of hard copies as specified in A/E Submission Instructions document referenced above.

-- Construction Period Services –

PROVIDE:

· Assist the VA to determine whether the contractor or subcontractor meets qualification requirements, support by written recommendations of any problems or litigation encountered in past based on firsthand knowledge.

· Review all submittals and provide recommendations to the VA within fourteen (14) calendar days upon request.

· Review and provide replies to contractor generated RFIs when required by the project manager within seven (7) calendar days.

· Review contractor's cost estimates and provide recommendations to the VA.

· Make site visits on requests of the VA and prepare written reports to include agreed upon changes in design as determined necessary during the construction. Visits made based on errors and omissions in design will be at no cost to the VA.

· Participate in partial/final acceptance inspections as scheduled and generate punch list items for completion. The punch list shall reference the contract documents for specific deficiencies (i.e. specification section, drawing detail, etc.)

1. Upon construction completion, red line drawings will be furnished to the A/E to prepare as-built drawings. Final as-built drawings will be furnished as master building drawings in a project manager format prescribed by the VA.

2. Upon construction completion the new database will be updated to incorporate all upgrades with the installation date and the projected lifespan input into the database.

· During construction, the A/E shall allow for a minimum of 4 site visits as directed and scheduled by the COR.

· Provide up to 30 individual days of environmental air monitoring services during construction.

Information to Offerors:

Please note that no work is to be performed on this project until an official award letter is provided by the contracting officer.

You are requested to submit answers to the following evaluation criteria by June 3, 2019 for this Request for Architect-Engineer Services for the attached Scope of Work for the A/E Project Make Structural Repairs to Concrete Floor Deck Bldg. 137A at VAMC Hampton, VA.

The submitted SF330s will be evaluated in accordance with the following eight criteria from the Federal Acquisition Regulation Part 36.602-1 and Veteran Administration Acquisition Regulation Subpart 836.602.

(1) Professional qualifications necessary for satisfactory performance of required services.

(2) Specialized experience and technical competence in the type of work required, including, where appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials.

(3) Capacity to accomplish the work in the required time.

(4) Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules.

(5) Location in the general geographical area of the project and knowledge of the locality of the project; provided, that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project.

(6) Reputation and standing of the firm and its principal officials with respect to professional performance, general management, and cooperativeness.

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

(8) Specific experience and qualifications of personnel proposed for assignment to the project and their record of working together as a team.

Then a minimum of three of the most highly qualified firms will be selected to hold discussions/interviews, and then a top rated firm will be selected and a solicitation for a price proposal will be issued to that firm.

The awarded AE firm will prepare drawings and specifications in sufficient detail such that qualified outside General Contracting companies can prepare accurate and timely proposals for the desired work. The awarded AE firm is responsible for ensuring that the specifications and drawings supplied fully represent all of the work described in the Request for Proposal (RFP). The Medical Center must remain operational throughout the construction period and a detailed sequence of work will be provided by the AE to minimize impact of the construction. The SF330 can be downloaded through the GSA Forms Library at: http://www.gsa.gov/portal/forms/type/TOP, type in SF330 in the Find a Form block and click on search.

The AE Services contract that is anticipated to be awarded will be procured in accordance with the Brooks Act (Public Law 92- 582), Federal Acquisition Regulation Part 36.6 and VA Acquisition Regulation 836.6. In accordance with FAR 36.209 Construction Contracts with Architect-Engineer Firms , no contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates, except with the approval of the head of the agency or authorized representative.

Contractors are reminded that a detailed cost proposal is not required at this time.

Please sign and date BLOCKS 11A, 11B, 11C and 11D of the attached SF 252 and submit with your firm’s answers.

Any questions concerning this RFP or specific requirements should be addressed to Keith Norman at (757) 315-3958 or Keith.norman2@va.gov.

A.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of Clause) A.3 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause)

Hampton VA Medical Center

Architect Engineer (A/E)

SCOPE OF WORK

Make Structural Repairs to Concrete Floor Deck Bldg. 137A

Project # 590-19-102

-- Services --

Provide professional Architect/Engineer services to include:

9. Site investigation

10. Architectural Design

11. Condition Assessment

12. Construction drawings and specifications

13. Third party construction estimates

14. Construction period services

15. Construction Final Inspection

16. Conduct Infection Control Risk Assessment (ICRA) in conjunction with VA Safety/Infection Control staff

-- Project Scope --

SCOPE:

Provide A/E services for the Evaluation, Design and Construction Period Services of the Building 137A concrete floor deck and design repairs, as required.

This project will include an investigation by the A/E to determine the condition of the deck to identify deficiencies. The A/E shall conduct a hazardous material and asbestos survey in the crawlspace below the deck to identify any presence of these materials and supply a report and location drawing as part of the 35% design submission.

Design for a construction budget of $1,900,000. Completed design shall result in a cost that is within the budget limitations. To ensure this, the A/E shall set up one or more bid deduct alternatives totaling 10% of the construction cost. If the base bid cost exceeds budget, and deduct alternates do not bring the project within the construction budget, the A/E shall re-design or take necessary steps to reduce the cost so that budget limitations are not exceeded.

The Architect/Engineer shall make a thorough investigation of the existing site. Existing conditions shall be determined by verifying information from field investigations and any documentation that may be available. A survey shall be conducted to obtain sufficient information to permit designers to develop a detailed cost estimate and schematics. The entire Veterans Affairs drawing files will be made available and accessible along with reproduction materials, but the A/E shall provide the manpower to reproduce prints. AutoCAD drawings are also available for use, but are for reference only. This information is the best available, but the Government does not guarantee its accuracy or completeness. The A/E investigation of field conditions shall be performed in a competent, professional manner in accordance with Architectural Design Manual PG 18-10.

Incorporate in the preliminary drawings the pre-construction risk assessment/evaluation as the sample shown below.

PRE- CONSTRUCTION RISK ASSESSMENT/EVALUATION

UTILITY/ESSENTIAL SERVICES OUTAGES

VIBRATIONS

DUST (INFECTION CONTROL)/AIR QUALITY

NOISE

EQUIPMENT

CREATION OR SPREAD OF CONTAMINANTS

TRAFFIC FLOW--PATIENTS, VISITORS, STAFF, CONTRACT PERSONNEL

LIMITS OF CONSTRUCTION, BARRIER LOCATION

Provide bound specifications and 100% construction drawings with all xref’s bound. Construction documents will be required to be furnished in hard copy, electronic .dwg files (AutoCAD 2016 or most current at the time of final design submission) and electronic .pdf files. All AutoCAD drawings (including subcontractors) shall be in an organized drawing file system using its “Project Browser/Navigator”.

Cost estimates detailing quantities of materials, labor, profit, overhead, insurance, taxes, etc. in the format found at http://www.cfm.va.gov/contract/aedessubreq.asp

Life safety and infection control will be taken into account during all phases of design. Final construction documents will detail measures to be taken by the contractor to assure life safety and infection control. A preconstruction risk assessment will be completed and included in project submissions.

Plans for phasing construction to minimize impact on the medical center will be incorporated into the construction documents. Plan construction to include impacts on the medical center such as relocating patient and staff equipment, providing temporary barriers, providing temporary utilities, minimizing impact on patient flow, etc.

All design submissions will be submitted in accordance with the Program Guide PG-18-15, Volume C, for Minor/NRM projects. These submission requirements may be found at the following web site: http://www.cfm.va.gov/contract/aeDesSubReq.asp. Other applicable program guides can be found at http://www.cfm.va.gov/contract/ae.asp.

Provide construction administration to include shop drawing and submittal review, site inspections, and RFI response.

-- Site Investigations --

EXPECTATION: A/E shall make site visits as necessary to survey existing conditions.

Make site visits as required to determine existing as-built conditions affecting this project. Note: Information, including drawings and other documentation, provided to the A/E is for reference only. All additional references and specifications are available in VHA’s Technical Information Library at address http://www.cfm.va.gov/TIL/. A/E shall field verify every aspect that relates to the project. Coordinate visits with the Project Manager/Contracting Officer Representative (COR) as assigned after award. The A/E shall arrange for and oversee the performance of such investigations. Auto CAD architectural background drawings will be provided by the VA upon request, if available. The A/E shall field verify all dimensions, wall layouts, etc. A/E shall field verify every aspect that relates to the project.

-- Design Review Schedule --

EXPECTATION: Submit review package so they are received on the noted day.

Note: NTP will be issued at PDT meeting. A/E will be required to attend and take minutes of each Project Design Team (PDT) Meetings. Minutes will be submitted electronically to the Project Manager/COR and Contracting Officer within three calendar days of each meeting.

-- Design Requirements/Submissions –

EXPECTATIONS:

Submit complete review package in accordance with the following requirements and guidelines outlined in http://www.cfm.va.gov/contract/aeDesSubReq.asp. Please pay specific attention to the schematic, design and construction submission requirements. As appropriate, depending upon the complexity of the design, the A/E may elect to delete individual submissions where not required (i.e. Do not address A. Site Development, Landscaping for interior renovation projects)

DELIVER:

Schematic Design (35%):

· Provide proposed equipment, utility requirements, etc.

· Budget estimate for proposed with breakouts for equipment, materials, labor.

· Achieve a consensus on design approach before proceeding to 65% design.

· Provide hazardous materials survey.

· Complete Schematic Submission Checklist

Design Development (65%):

· Address all comments from the Schematic Design Submission review.

· Complete Design Development Checklist

Construction Documents (95%):

· Address all comments from the Design Development review.

· Submit a complete document of all contract requirements. The Cover Page shall be submitted separately for approval signatures. If necessary, update and submit until approved by the VA.

· Consolidate all necessary submittals by specification section on an Excel spreadsheet. Checklist to be utilized to track/monitor submittal process

· Complete Construction Documents Checklist

Construction Documents (Bid documents):

· Address all comments from the Construction Documents review.

· Submit required numbers of hard copies as specified in A/E Submission Instructions document referenced above.

-- Construction Period Services –

PROVIDE:

· Assist the VA to determine whether the contractor or subcontractor meets qualification requirements, support by written recommendations of any problems or litigation encountered in past based on firsthand knowledge.

· Review all submittals and provide recommendations to the VA within fourteen (14) calendar days upon request.

· Review and provide replies to contractor generated RFIs when required by the project manager within seven (7) calendar days.

· Review contractor's cost estimates and provide recommendations to the VA.

· Make site visits on requests of the VA and prepare written reports to include agreed upon changes in design as determined necessary during the construction. Visits made based on errors and omissions in design will be at no cost to the VA.

· Participate in partial/final acceptance inspections as scheduled and generate punch list items for completion. The punch list shall reference the contract documents for specific deficiencies (i.e. specification section, drawing detail, etc.)

3. Upon construction completion, red line drawings will be furnished to the A/E to prepare as-built drawings. Final as-built drawings will be furnished as master building drawings in a project manager format prescribed by the VA.

4. Upon construction completion the new database will be updated to incorporate all upgrades with the installation date and the projected lifespan input into the database.

· During construction, the A/E shall allow for a minimum of 4 site visits as directed and scheduled by the COR.

· Provide up to 30 individual days of environmental air monitoring services during construction.

REPRESENTATIONS AND CERTIFICATIONS

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

1.1 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision)

1.2 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.

36C24619R0110 Representations And Certifications (End of Clause)

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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 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541310.

(2) The small business size standard is $7.5 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[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.

(End of Provision)

2.3 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: .

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of Provision)

2.4 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

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

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

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

(End of Provision)

2.5 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

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

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

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

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

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

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

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

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

36C24619R0110 General Provisions (End of Clause) Page 1 of Page 1 of

GENERAL CONDITIONS

3.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

3.2 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…