36C24619R0111-001.docx

36C24619R0111 Section M

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 of 36C24619R0111 X 04-29-2019

TBD

659-19-106 Contracting Officer Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Daniel Spaulding 757-315-3964 Project 659-19-106, Emergency Generator for Clinical Laboratory, Building 20 Work will be performed at the W. G. (Bill) Hefner VA Medical Center in Salisbury, North Carolina. See Scope of Work and attached Specification Section 00 11 21.5, Request for Proposal to Design Build

This Request for Proposals (RFP) is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSBs) NAICS Code: 236220, Commercial and Institutional Building Construction SBA Size Standard: $36.5 million annual revenue

A Site Visit is not anticipated for the Phase I request for proposals. See attached Section 00 11 21.5.

All questions regarding this RFP are due by 05:00pm Eastern Time, May 15, 2019. Submit all questions to the Contracting Officer at daniel.spaulding@va.gov.

Phase I proposals are due by 05:00PM EST, Friday, May 31, 2019.

See Section B, "Schedule", for the Base Proposal Item. There are no bid alternates or bid deducts.

Section L "Instructions to Offerors" refers to the attached Specification Section 00 11 21.5.

Section M "Evaluation Criteria" refers to the attached Specification Section 00 11 21.5.

Magnitude of Construction: Between $500,000.00 and $1,000,000.00

Clauses and Provisions not appearing in full-text are incorporated by reference.

This project is being procured using the two phase design-build procedures (FAR subpart 36.3).

X X 52.211-10 X

05:00PM EST

05-31-2019 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 http://www.fsc.va.gov/einvoice.asp Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Project 659-19-10, Emergency Generator for Clinical Laboratory, Building 20. See Scope of Work and attached Specification Section 00 11 21.5. Project location: W. G. Hefner VA Medical Center, Salisbury, North Carolina.

36C24619R0111 Section B

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C24619R0111 Section C

C.1 SCOPE OF WORK

Scope of Work for Design-Build Emergency Generator for Clinical Lab – Salisbury VA Medical Center Project Number 659-19-106

1. Project Requirements. Building 20, Clinical Laboratory, has an inherent need for emergency backup power. Currently, the backup power is being provided by a small temporary backup generator that the facility keeps on hand for emergency purposes for all buildings should a permanently installed generator fail. The VAMC is pursuing a project to install a standby generator of approximate 600-kW rating as determined by the engineer. The initial phase is to produce an acceptable design. The Design-Build (DB) Contractor will provide the following services:

a. Provide for all design and construction services to perform the following:

i. Furnish and install a complete and operational Emergency Generator for Clinical Laboratory Building 20, Salisbury VA Medical Center. Work shall include general construction of underground conduits, if required, including all power, control and communications wiring; installation of a complete and operational standby diesel powered generator set complete with controller, remote annunciator, alternator, battery charger, lead acid batteries, 1,200-ampere adjustable-trip generator circuit breaker, necessary ancillaries, sound attenuated enclosure with silencer, a subbase fuel tank including access platforms complete with stairs and safety handrails; modifications to (or removal of, if required) existing approximate 8-foot by 22-foot concrete generator pad, including required grading and installation of new retainer wall with fall protection guard, as required to accommodate new emergency generator equipment with access stairs and elevated platform(s) with handrails; generator startup and commissioning services; coordination with the VAMC facility via the COR to interconnect to existing electric distribution system; and subsequent restoration of any existing roads, walks, grading, drainage, and other utility systems affected by the installation, as well as removal of existing structures and demolished equipment and certain other items. Work shall be designed in strict accordance with the VA design guides, and information provided and/or referenced in this document.

b. Proposed typical generator equipment will be as follows. (Generator rating to be determined by engineer considering existing and future building loads, including future rooftop HVAC equipment.)

i. Equipment list:

1. One (1) Cummins Power Generation Diesel Generator model DQCA, rated 600KW Standby, 277/480 VAC, 3 Phase, 4 wire, or equivalent, with the following options based on Section 231323:

a. EPA Tier 2

b. Power Command Control Panel

c. Genset status relays

d. Meters, AC output, analog

e. Alarm Audible Engine Shut Down

f. Remote emergency stop button (Shipped loose, installation by Contractor)

g. 20 Light remote annunciator (Shipped loose, installation by Contractor)

2. Alternator.

a. Alternator, 125°C rise, 12 lead, PMG

b. Electronic / isochronous governor

3. Starting System.

a. Unit mounted radiator, 50°C ambient

b. Low coolant level shutdown

c. Jacket water heater, 208/240/480V

d. Battery charger, 10Amps, 120VAC (Shipped loose, installation by others)

e. Battery rack & hold-down assembly

f. Lead acid batteries

4. Circuit Breaker.

a. 1,200amps, 3-pole, UL, electronic, 100%, LSI, shunt-trip, GFI

5. Sound Attenuated Enclosure.

a. Level 2 Sound Attenuated Overall Size 284” L x 108” W x 116” T

b. 12-gauge Galvanneal Steel

c. 3-phase, 30kva Transformer Package 480 V to 120/208 V with fused primary disconnect wired to 3-phase, 120/208 MLO panel with 100-A branch MCB and branch breakers wired to:

· Two vapor tight fixtures with LED lamps and 3-way switches

· Two GFCI protected duplex outlets

· One 5-kw forced air unit heater with thermostat

· Two battery back-up emergency lights

· Three exterior mounted emergency stop switches wired to generator controller

d. 150 mph wind load construction

e. Motorized intake and gravity exhaust louvers

f. Enclosure estimated average sound level 75 Dba @ 23 Feet

6. 4,250-Gallon UL 142, Sub Base Fuel Tank

a. 4250 Gallon Sub Base Fuel Supply Tank, UL 142 Listed with Normal and Emergency vents, Lockable fill, Low Level and Leak Detection float switches and mechanical gauge

b. Proposed dimensions of 330 inches Long by 108 inches Wide by 36.7- inches Tall with 40 x 30-inch Type C conduit stub area

c. Mechanical overfill prevention valve with 2-in quick connect fill and dust cap

d. 7-gallon fill spill container with padlockable lid

e. AP-4 tank status alarm panel (leak, low, 90%, 95%) mounted near fill location

f. Extend the normal vent to 12-ft above grade (ships loose)

7. OSHA Compliant Stairs and Platforms

a. Two aluminum service platforms complete with access steps and handrails

b. Steps and Walkways Constructed of Extruded Aluminum

c. Stairs Set to be Shipped Loose for Assembly on Site by Contractor

c. The scope of engineering services shall include:

i. Attend an on-site kick-off meeting with the VA Contracting Officer’s Representative (COR) to define project details, including work schedule.

ii. Perform field surveying and utility location to determine whether to expand or replace the existing generator pad to accommodate the expected larger footprint of the permanent standby generator with maintenance access platform(s) and stairs.

iii. Design any grading changes and/or small retaining walls, as needed, for the construction of the above-mentioned generator pad.

iv. Evaluate Clinical Lab electrical loads and perform generator sizing calculation to confirm proper size of permanent generator.

v. Develop a performance-based specification for the installation contractor to provide circuit breaker coordination and arc flash studies, including arc-flash labelling of affected equipment by installation contractor.

vi. Develop drawings and write specifications for the work described above.

vii. Deliver three submittals for VA review and comment: at the 65%, 95% and 100% design stages, then followed by a Final Issued for Construction (IFC) submittal. The 65%, 95% and 100% review submittals will be provided electronically only. The IFC submittal will be provided in PDF (.pdf) format and printed form, including 5 bound copy sets, sized as per COR.

viii. Produce As-Built record drawings based on Contractor supplied red-line as-built markup drawings. The complete and accurate As-Built drawings will be provided in AutoCAD (.dwg), Revit (.rvt) and PDF (.pdf) formats and in printed form, including 3 bound copy sets, sized as per COR.

2. To support this effort, the VAMC will provide electronic drawing files of the Clinical Lab project, specifically floor plans and electrical one-line diagrams. The VAMC will be responsible for any permit review or payment of permit fees. Electric arc-flash hazard labeling is not included for the Clinical Lab as part of this project.

3. Prior to beginning the construction phase of the project – the design documents shall be approved at 100% Final Submission Construction Documents and the following documents shall have been submitted to, and approved by, the COR:

a. Construction schedule.

b. Construction phasing plan.

c. Interim life safety measures (ILSM).

d. Infection control risk assessment (ICRA).

e. Notice to Proceed with Construction

4. General Requirements. General Requirements Specification Sections, from the VA Master Specifications, applicable to this requirement are:

a. 01 00 00, General Requirements (2018-12)

b. 01 32 16.17, Project Schedules (Small Projects – Design/Build)

c. 01 33 23, Shop Drawings, Product Data, and Samples (2017-05)

d. 01 35 26, Safety Requirements (2017-02)

e. 01 42 19, Reference Standards (2016-05)

f. 01 45 29, Testing Laboratory Services (2018-11)

g. 01 57 19, Temporary Environmental Controls

h. 01 74 19, Construction Waste Management (2013-09)

i. 01 81 13, Sustainable Construction Requirements (2017-10)

5. Budget Parameters. The budget parameter for this project is between $500,000.00 and $1,000,000.00, inclusive of all design and construction costs.

6. General Design Requirements.

a. The Design-Build Contractor ("DB") shall ensure that all submissions meet the design requirements outlined in the VA Technical Information Library (TIL), available at https://www.cfm.va.gov/til/index.asp.

b. Any design elements that do not meet the design parameters set in the TIL are required to be approved by the Contracting Officer's Representative (COR) prior to design of that element. Official justification for that waiver shall be placed into the as-built documentation.

c. The Design Build team shall review the edited 00 01 10 Specification indices. Each division will be reviewed and referenced with design selections and/or recommendations.

d. Applicable specifications will be applied (or removed) upon completion of the final design. The COR must approve the final construction specifications.

e. The amount of demolition necessary will be determined by overall space requirements to allow construction of required spaces. Design of demolition shall be detailed as to show what systems will remain functional during construction activities.

f. The DB shall complete an analysis for tying into and/or relocating any utility or service line required to make the completed work fully functional.

g. The DB shall completely survey all existing spaces affected by the installation.

h. The DB shall meet with facility staff to review details of the equipment drawings and to gather comments after each design submission (Schematic, 65%, 95%, 100% and Final Issued for Construction Documents). The DB shall include Facilities Engineering, Safety and any other Service later identified in all design meetings. The DB shall also plan for a kick-off meeting with Facilities Engineering to walk the site, pull as-built drawings, review design requirements, and verify understanding of the full scope of the project requirements.

i. Environmental conditions shall be maintained to affected spaces, where applicable. Please confirm affected areas with Facilities Engineering and Safety.

j. Design documents shall clearly show all work phases, including but not limited to:

Install portable generator termination cabinet (per design detail drawings) and wiring, including connections.

Relocate existing temporary generator and connect to portable generator termination cabinet.

Complete installation of new standby generator equipment.

k. Design documents shall clearly show all infection control requirements. The DB shall coordinate with the station multi-disciplinary committee and infection control prevention staff to develop and design the infection control risk assessment (ICRA).

l. The DB is responsible for maintaining As-Built drawings and providing complete and accurate As-Built drawings in printed form and in AutoCAD (.dwg), Revit (.rvt), and PDF (.pdf) formats.

7. Total Project Schedule (calendar days):

End

C.2 WAGE DETERMINATION

The DOL Wage Determination for the specific locality applies to this solicitation and any contract awarded is available at www.wdol.gov. Please note the listing below is not all inclusive wage determination of each area of performance. It is the contractor’s responsibility to obtain and evaluate each wage determination locality.

Wage Determination No.: NC190063, dated 01/04/19 36C24619R0111

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C24619R0111 Section D

SECTION E - INSPECTION AND ACCEPTANCE

36C24619R0111 Section E

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERFORMANCE SCHEDULE

[See SF1442 Cover]

F.2 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 30 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 405 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by [to be determined]. 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.

36C24619R0111 Section F (End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there are NO clauses in this Section] 36C24619R0111 Section G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SCHEDULE OF PAYMENTS FOR DESIGN SERVICES

Final Payment: Upon completion of the final inspection and acceptance of the project by the Government, delivery to the Government of the final record drawings and specifications, design details, calculations, shop drawings and executed Release of Claims (attachment I),the Contractor shall be paid the unpaid balance due for all phases of design work under this contract. An amount equal to five (5) percent of the design services cost shown on the schedule of payments shall be retained until VA acceptance of the record drawings.

H.2 OWNERSHIP OF ORIGINAL DOCUMENTS

All designs, drawings, specifications, notes, and other work developed in the performance of this contract shall be and remain the sole property of the Government and may be used on any other work without additional compensation to the Contractor. With respect thereto, the Contractor agrees not to asset any rights and to establish any claim under the design patent or copyright laws. The Contractor, for a period of 3 years after completion of the project, agrees to furnish and provide access to all retained materials on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all such materials beyond such period.

H.3 RETENTION OF REVIEW DOCUMENTS

The Contractor shall keep one copy of all review documents containing VA remarks until final completion of the construction contract and a release of claims is signed unless, before that time, the VA directs the Contractor to forward certain documents to the Government. The VA will notify the Contractor in writing after the release of claims is finalized after which time the Contractor may dispose of such documents that remain in its possession.

H.4 CONTRACT DRAWINGS AND SPECIFICATIONS GOVERNMENT FURNISHED PLANNING INFORMATION

(a) Master Plan Requirements: The requirements of the master plan for the project as depicted by the preliminary drawings shall be followed in the development and preparation of the Contract Drawings and Specification. Deviations may be made in functional relationship and general size or configuration of the building and rooms as established by the preliminary plans only upon written approval of the Contracting Officer. The architectural preliminary drawings are dimensioned to establish the building size and gross area, including the exterior walls, or the medical facility.

(b) Standards: The Contractor shall follow specifications included in the RFP (Request for Proposal) in preparing the Contract Drawings and Specifications for the project. However, should the Contractor determine that a deviation from such standards and specifications is necessary or beneficial to the Government, he shall submit a request in writing to the Contracting Officer for permission to make the deviation. The request shall include an explanation of the specific reasons for the desired change and benefits expected.

(c) Verify Accuracy of Planning Information: The Contractor shall visit the project site of verify the information shown on the Government-Furnished preliminary drawings and other planning documents which are part of this contract. This information is the best available but the Government does not guarantee its accuracy or completeness.

(d) Discrepancies in Planning Information: The Contractor shall promptly report to the Contracting Officer in writing any discrepancy between this contract and the planning information provided by the Government. The Contractor shall make no adjustments to his work due to the discrepancy before the Contracting Officer has reviewed the matter and forwarded this determination to the Contractor. The Contractor’s failure to report any such discrepancy or to wait for the Contracting Officer’s determination shall be at his risk and expense.

H.5 COORDINATION WITH MEDICAL CENTER

Before starting any work on the Veterans Administration Medical Center, the Contractor shall consult with the Resident Engineer and secure his permission to start the work. The Contractor shall perform the work within the parameters established by the Resident Engineer Contractor shall not interfere with the normal functioning of the Medical Center.

H.6 RESPONSIBILITY OF THE DESIGN-BUILD CONTRACTOR

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising our of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

(c) The right and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

H.7 RECORDS MANAGEMENT LANGUAGE

The following standard items relate to records generated in executing the contract:

1. Pertinent laws, codes and regulations: 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. The Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. The Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

H.8 OTHER CONTRACT REQUIREMENTS (CPARS)

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract not later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) You have 14 calendar days following the Assessing Official signature date to submit comments before the evaluation is made available in the Past Performance Information Retrieval System (PPIRS). You have a total of 60 calendar days following the Assessing Official signature date to submit comments. Any comments that you submit will be posted to PPIRS. If you do not sign and return the evaluation within 60 calendar days the evaluation will be returned to the Assessing Official, you will no longer be able to provide comments and the evaluation will be annotated as follows: 'The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this evaluation.' Partially completed comments that were not signed and returned to the Government within 60 calendar days will be removed from the evaluation.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

(End of Notice)

36C24619R0111 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.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)

I.2 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. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) I.3 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) I.4 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) I.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii)…