36C24619R0179-003.docx

36C24619R0179 Section M FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 Z Replace Flooring in ICU 28301 36C24619R0179 08-30-2019 N 236220 Department of Veterans Affairs Network Contracting Office 6 2300 Ramsey St.

Fayetteville NC 28301 Angelo Harris (910)488-2120 Ext. 7751 Fayetteville VA Medical Center 2300 Ramsey St Fayetteville, NC 28301

US

Frank.Fogg@va.gov Frank.Fogg@va.gov FBO Notice

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.

36C24619R0179 X 07-30-2019 36C24619R0179 N/A Department of Veterans Affairs Network Contracting Office 6 2300 Ramsey St.

Fayetteville NC 28301 Department of Veterans Affairs Network Contracting Office 6 2300 Ramsey St.

Fayetteville NC 28301 Joseph Ragland 910-488-2120 Ext: 5234 Replace Flooring in ICU, Fayetteville VA Medical Center, Fayetteville, NC

See Statement of Work for details.

OFFER ITEM I (Base Offer): Contractor will privide all parts, handling, coordination, delivery, and maintenance to

Contractor to remove sheet vinyl floor in the ICU Area in Rooms 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309 and 2310. Contract to level floor (repair divots, cracks, etc.) and install new flooring provided by VA in the same rooms referenced above according to the VA TIL requirements. Depending on time of award, the ICU area may be an active patient care area and this project will likely be phased. Depending on patient utilization the VA may turn over as few as 1 room at a time or as many as 5 during the duration of this project.

All work, including final cleanup and completion of any punch list items shall be performed within 30 days after the date of receipt of the Notice To Proceed.

MAGNITUDE OF CONSTRUCTION: Up to $25,000.00

Site Visit scheduled for Tuesday, August 6 at 10:00 am est.

Cutoff for RFI submission is 8/19/2019 4:00 PM est.

Proposal is due by 29 August 2019 at 4:00 pm est.

LOCATION: Fayetteville Veterans Administration Medical Center, 2300 Ramsey Street, Fayetteville, NC 28301

X X 52.211-10 X 08-30-2019 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 2300 Ramsey St.

Fayetteville NC 28301 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 Frank A. Fogg

CONTRACTING OFFICER

Table of Contents

DEPARTMENT OF VETERANS AFFAIRS

Fayetteville VA Medical Center 2300 Ramsey Street Fayetteville, NC 28301

July 8, 2019

Replace Flooring in ICU

SCOPE OF WORK:

The Vendor shall provide all supervision, labor, and equipment necessary to demo and install flooring provided by the VA in the Intensive Care Unit (ICU) on the second floor of Building 1 at the Fayetteville Veteran Affairs Medical Center.

Description of work:

· Contractor to remove sheet vinyl floor in the ICU Area in Rooms 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309, and 2310 (See attached drawing)

· Contract to level floor (repair divots, cracks, etc.) and install new flooring provided by VA in the same rooms referenced above according to the VA TIL requirements. Depending on time of award, the ICU area may be an active patient care area and this project will likely be phased. Depending on patient utilization the VA may turn over as few as 1 room at a time or as many as 5 during the duration of this project.

· Before any more rooms are turned over to the contractor the VA is to accept the completed rooms.

· Infectious Control measures are required during demolition and installation. An infectious control permit will be issued by the VA.

· Should any other items be discovered during this work, the contractor shall notify the COR immediately.

REQUEST FOR PROPOSAL

SOLICITATION NO. 36C24619R0179

ISSUE DATE: July 29, 2019 PROPOSAL DUE DATE: 8/29/2019 4:00 PM, EST

PROJECT NUMBER: N/A

PROJECT TITLE: Replace Flooring in ICU LOCATION: VA MEDICAL CENTER Fayetteville, NC

PROJECT SUMMARY:

The Vendor shall provide all supervision, labor, and equipment necessary to demo and install flooring provided by the VA in the Intensive Care Unit (ICU) on the second floor of Building 1 at the Fayetteville Veteran Affairs Medical Center. Contractor to remove sheet vinyl floor in the ICU area in rooms 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309 and 2310. Floor should be leveled (repair divots, cracks, etc.) and install new flooring provided by the VA in the same rooms referenced above, according to the VA TIL requirements. Depending on the time of award, the ICU may be an active patient care area and this project will likely be phased. Dependent on patient utilization, the VA may turn over as few as 1 room at a time or as many as 5 during the duration of this project. Before any more rooms are turned over to the contractor, the VA is to accept the completed rooms. Infectious control measures are required during demolition and installation. An infectious control permit will be issue by the VA. Should any other item be discovered during this work the contractor shall notify the COR immediately.

OFFICE ISSUING THIS REQUEST:

Department of Veterans Affairs Regional Procurement Office Network Contracting Office (NCO) 6 2300 Ramsey St., Bldg. 4 - 006 Fayetteville, NC 28301 Point of Contact: Angelo Harris Email: angelo.harris@va.gov Phone: 910-488-2120 ext. 7751

I. GENERAL INFORMATION

1. All references to “Bid” or “Bidder” shall be understood to mean “Offer” or “Offeror”.

2. MAGNITUDE OF CONSTRUCTION: Up to $25,000.

3. SITE VISIT: An organized site visit is scheduled for Friday, August 5, 2019. Only one site visit will be conducted. Participants shall meet at the Fayetteville VA Medical Center, 2300 Ramsey Street., Fayetteville, NC 28301, Bldg. 4 – at 10:00 AM EST.

4. OFFER ACCEPTANCE PERIOD: Offers providing less than one-hundred and twenty (120) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

5. REQUESTS FOR INFORMATION: Requests for Information (RFIs) shall be submitted by the prime contractor, through Email to the Point of Contact (angelo.harris@va.gov). No telephone RFIs will be accepted. The cutoff for submission of RFIs is 8/16/2019 4:00 PM, EST. Responses will be provided in a Question & Answer format. Do not send RFIs via the vendor portal-this is not an acceptable method and will not be responded to by the Contracting Officer.

6. CONTRACT CLAUSES: All applicable contract clauses will be provided electronically along with the Request for Proposal.

7. SPECIFICATIONS AND DRAWINGS: All applicable specifications and drawings will be provided electronically along with the Request for Proposal. No hard copies will be made available to proposing contractors.

8. SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS VERIFICATION: Subsequent task orders are 100% set asides for verified Service Disabled Veteran Owned Small Business (SDVOSB). The award of this requirement shall not be delayed due to loss of SDVOSB verification.

SDVOSB Verification – The Government will review VetBiz (https://www.vip.vetbiz.gov/) to confirm SDVOSB status verification for the submitted proposal. Evaluations will be performed on proposals submitted by verified SDVOSBs only. Subsequent confirmation of SDVOSB verification status will be performed for the apparent awardee.

9. LIMITATIONS ON SUBCONTRACTING (Reference Contract Clause FAR 52.219-14 for further information): By submission of an offer and execution of a contract, the Offeror agrees that in performance of the contract, the concern will perform at least fifteen (15) percent of the cost of the contract, not including the cost of materials, with its own employees.

10. FUNDS: Are presently available for this acquisition. No contract award will be made until appropriated funds are made available.

11. BONDS (Reference Contract Clause FAR 52.228-15 for further information on applicability): Payment and Performance bonds required in the penal sum of 100% of the price of the contract.

12. LIQUIDATED DAMAGES: No

13. WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with Davis Bacon Wage Determinations. The current determination is General Decision NC190025 01/04/2019 NC25. Be advised the determination that is current at the time of the Task Order award is the determination that will apply for the project. Current determinations are always available at: http://www.wdol.gov/.

14. PERFORMANCE PERIOD: Thirty (30) calendar days after receipt of written Notice to Proceed performed in concurrent or sequential phases as indicated or required.

II. PROPOSAL PREPARATION AND EVALUATION INFORMATION

1. PROPOSAL PREPARATION INSTRUCTION: To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete, and directly responds to the requirements of this Request for Proposal. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Each offer in response to this request shall consist of the following:

2. PROPOSAL SUBMISSION: All proposals shall be submitted by the prime contractor, through the Vendor Portal to the Point of Contact listed above. Also, submit your proposal via email to the Contract Specialist/Contracting Officer ONLY. Angelo.harris@va.gov All proposals are due by 8/29/2019 4:00 PM, EST.

NOTE: To be considered and accepted as timely, the proposal must be uploaded in its entirety prior to the deadline. Failure to provide a proposal in its entirety prior to the deadline will render the proposal noncompliant.

3. BASIS FOR AWARD: Award will be made to the lowest priced, technically acceptable responsible offeror, whose proposal conforms to all stated terms, conditions, representations, certifications, and any other information required by this solicitation. Technical tradeoff will not be made, and no additional credit will be given for exceeding the minimum requirements. In the event an offeror’s proposal is determined to be unacceptable in any of these factors, the entire proposal will be considered unacceptable and the offeror will be ineligible for award.

The award decision will be based on the "Lowest Price, Technically Acceptable" Evaluation Standards Acceptable /Go ALL the minimum acceptable criteria are clearly met and demonstrated by the proposal. The offeror's proposal meets the performance and technical capability requirements defined in the SOW. NOTE: Once the proposals have been determined to be "technically acceptable," award will based on cost/price only.

Unacceptable /No-go Not all the minimum acceptable criteria are met by the proposal. An unacceptable proposal contains one or more deficiencies. Proposal fails to meet specified minimum performance and technical capability requirements defined in the SOW or provide the minimum required documentation with proposal.

The following table will be used for each proposal received to score each LPTA factor as to whether it is Acceptable or Unacceptable.

Technical Approach

Management/Quality control Approach

Past Performance

4. TECHNICAL PROPOSAL: A technical proposal is not required.

5. EVALUATION OVERVIEW: The SSEB establish the requirements of acceptability and will evaluate proposals in accordance with the factors stated in the RFP and Basis of Award. In evaluating the technical portion of the proposals, the SSEB will evaluate utilizing the above methodology to establish acceptability. The attached template is provided to assist the SSEB in evaluating these factors. Each factor will be scored as Acceptable/Go or Unacceptable/No Go as defined above. Each proposal will be evaluated against the SOW and the stated evaluation criteria. Each proposal is evaluated using the same standards.

6. ATTACHMENTS:

Statement of Proposal Item 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 one-hundred and twenty (120) calendar days after the date offers are due.

A. PROPOSAL ITEM I, (BASE PROPOSAL):

The successful vendor shall provide all supervision, labor, and equipment necessary to demo and install flooring provided by the VA in the Intensive Care Unit (ICU) on the second floor of Building 1 at the Fayetteville Veteran Affairs Medical Center. Contractor to remove sheet vinyl floor in the ICU area in rooms 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309 and 2310. Floor should be leveled (repair divots, cracks, etc.) and install new flooring provided by the VA in the same rooms referenced above, according to the VA TIL requirements. Depending on the time of award, the ICU may be an active patient care area and this project will likely be phased. Dependent on patient utilization, the VA may turn over as few as 1 room at a time or as many as 5 during the duration of this project. Before any more rooms are turned over to the contractor, the VA is to accept the completed rooms. Infectious control measures are required during demolition and installation. An infectious control permit will be issue by the VA. Should any other item be discovered during this work the contractor shall notify the COR immediately.

PROPOSAL ITEM I (Base Proposal) $_____________________________________

NOTICE

1. The Base Bid contains all the project work.

2. Proposers shall affix a price to each bid item. Failure to do so may render the bid as nonresponsive.

NOTE: Offerors must submit an itemized breakdown of costs (Attachment A and B) for the Proposal Item in sufficient detail to permit a complete analysis of labor burden, materials, equipment, transportation, supervision, disposal costs, overhead and profit and shall cover all work involved in the Task Order.

See attached document: Itemized Schedule of Values Cost Breakdown.

See attached document: ICU Floor Plan.

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SECTION E - INSPECTION AND ACCEPTANCE

36C24619R0179 Section E

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause 36C24619R0179 Section F

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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 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.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

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

(3) For long-term contracts—

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

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

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

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

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

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

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

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

[Contractor to sign and date and insert authorized signer's name and title].

(End of Clause)

I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

I.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Item 1:

Foreign Construction Material

Domestic Construction Material

Item 2:

Foreign Construction Material

Domestic Construction Material

[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause) I.6 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.

(End of Clause) I.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

I.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

I.9 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019)

(a) Contract administration functions set forth in FAR 42.302 are hereby delegated to:

Department of Veterans Affairs Network Contracting Office 6 2300 Ramsey St.

Fayetteville, NC 28301

(b) The work will be under the direction of a Department of Veterans Affairs Contracting Officer, who may designate another VA employee to act as resident engineer at the construction site.

(c) Except as provided below, the resident engineer’s directions will not conflict with or change contract requirements. Within the limits of any specific authority delegated by the Contracting Officer, the resident engineer may, by written direction, make changes in the work. The Contractor shall be advised of the extent of such authority prior to execution of any work under the contract.

(d) The Contracting Officer identified in paragraph (a) may further delegate the responsibilities below to the following warranted personnel on site:

(1) Conduct post-award orientation conferences.

(2) Issue administrative changes, correcting errors or omissions in typing, Contractor address, facility or activity code, remittance address, computations which do not require additional contract funds, and other such changes (see FAR 43.101).

(3) For actions not to exceed negotiate and execute supplemental agreements incorporating Contractor proposals resulting from change orders issued under the Changes clause.

(4) Negotiate and execute supplemental agreements changing contract delivery schedules where the time extension does not exceed calendar days.

36C24619R0179 Section I (End of Clause) Page 1 of Page 1 of Page 1 of Page 1 of

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

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

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

(2) If the provision at 52.204–7, 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.