36C24620R0070-005.docx

36C24620R0070 General Conditions

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 1601 Brenner Ave Salisbury NC 28144 Replace AHU Bldgs 5,6,16,21,42 Project number: 659-20-203

This project will be performed at the Salisbury, NC VAMC. See attached SOW for project details.

See attached Information to Offerors for evaluation criteria for selection of firm(s) based upon relevant experience 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 3:30PM EST on May 8, 2020. Method of submission will be by email to the Contracting Officer.

This will be a SDVOSB total set-aside.

FAR Part 36, VAAR 836, The Brooks Act

SIGNATURES

NAMES AND TITLES (Typed)

STANDARD FORM 252 BACK

(REV. 10-83)

10.

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

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

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

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A B C D

12. THE UNITED STATES OF AMERICA

Contracting Officer

The following items are included:

Statement of wok (SOW) Information to offerers

Services

Provide Professional Architect/Engineer (A/E) and healthcare planning services to include but not limited to:

A/E will respond within a twenty-four hour period when requested.

Note: Due to requirements of certain construction submittals (i.e. finishes, profiles, shop drawings, etc.), these must be delivered to COR. Any hand delivered submittals must also have a backup copy of the cover sheet on A/E FT Site. A/E FT site must be secure (password protected), user friendly for uploading and downloading of files, and organized for easy file retrieval by the VA COR, Contracting Officer (CO), and contractors. Site must be organized with folders indicating each level of submission as outlined in this scope of work and corresponding required files. Must also submit hard copies to the VA for Design Review Drawings, Specifications, and Construction Documents.

all of the codes) similar to all existing devices. COR to provide location at design.

similar to existing devices with Siemens Controls.

Project Scope General:

This project will consist of replacing existing Air Handling Units (AHU) in six buildings on campus. These buildings are located on the campus at W.G. Bill Hefner VA Medical Center in Salisbury, North Carolina. Develop preliminary drawings, working drawings, signed and sealed bid documents, and both working and bid specifications to provide new AHU equipment, layouts, and new and/or HVAC control systems for the each building listed. The Project will take place with AHUs serving Buildings 5, 6, 16, 21, 42, 43.

Specifics:

Existing AHUs in Buildings applicable for this project:

Building 5 has five AHUs. Building houses kitchen and Library as the main functions.

Building 6 has ten AHUs. Building houses Recreation and Rehab departments.

Building 16 has two AHUs. Building houses laundry functions for the campus.

Building 21 has seven AHUs. Building houses medical outpatient services and administration staff.

Building 42 has nine AHUs. Building houses Audiology, Speech and Community Living services.

Building 43 has two AHUs. Building houses Hospice Care services.

AE will review current existing conditions to determine if existing conditions, layout, or HVAC control systems need to be modified or updated to current design specifications or codes. VA currently has three different HVAC Control systems on campus, but we would like to keep this design to one HVAC Control Integrator to be discussed during the design.

Building 43 will also have a requirement to add the building to the existing chilled water loop for HVAC unit. Existing conditions has the building independent of the campus chilled water system. AE will review and design to add this building with the new AHU to the existing loop.

Individual drawing layout sets and cost estimates to be created and grouped per building. Specifications will be created as one set for all but will include any Building specific specialties required that are identified.

All design will be done according to VA specifications, Design guides, Infection Control guidelines and all applicable codes. The design will be structured so as to require minimum interruption of space function during construction. All work shall meet NFPA / Life Safety Code and comply with all applicable building codes. The work will also comply with all Energy Standards as noted in VISN 6 requirements. This will include all Architectural, Structural, Electrical and Mechanical engineering associated with this project.

as-built shall be conducted of the existing site conditions to complete a full detailed set of documents.

Salisbury Engineering/Facilities Management Service, Safety and Contracting Officer comments into the final design package.

sufficient power to all new lighting and equipment in the scope of work. Electrical engineer shall perform full space survey of all impacted spaces to document existing electrical items and their locations in each space to ensure coordination with architectural scope, future mechanical chases, if required, as well as ceiling renovations and replacements so that no electrical item is missed during construction. Note obsolete items and sensors located within design area and coordinate with the VA to see if the items should be removed. Electrical engineer shall also be responsible for coordination of existing electrical items located above the ceiling with the new design ductwork routes, and for identifying those conduits, cable tray, junction boxes, etc. that require relocation both on drawings for the contractor and to the VA for advance coordination of outages. Junction box / pull box / cable tray access shall not be obstructed by new HVAC installation. If this condition is encountered, the electrical engineer shall provide design documentation for relocation of the associated items.

off of existing walls where walls around each phase do not go to deck. Walls, temporary or existing must be floor to deck. The architect shall identify those spaces where topping off of walls is required on the construction drawings, as well as document that the contractor is responsible for 1 hour rated full height walls around each construction phase. ICRA planning will also be required for spaces that are impacted above and below the levels, if ceiling work below the associated floors is required such as for new plumbing / sanitary floor drains or access into the ceiling spaces below to accommodate any required structural modifications.

Project completion of construction documents, including final design, contract drawings, specifications, and cost estimate is to be 255 calendar days from contract award.

$5,000,000.00 to $10,000,000 or project discussions will take place to determine if project will be modified or will be canceled and require re-submittal and competition process. Planning must include in the project a total of 20% of deductive bid alternate that will need to be identified and incorporated as part of the bidding documents.

30 calendar days after completion of construction.

All designs shall be accomplished in accordance with VA guidelines and specifications, which are available on the Internet at http://www.cfm.va.gov/TIL/ A/E shall pay particular attention to USAF, NFPA, BOCA, VA Handbook 7610 space criteria and PG18-9 Space Planning Criteria, and PG-18-12 Design Guides.

Site Investigation EXPECTATION: A/E will 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 used as reference only. The AE is expected to perform their own site survey to field verify accuracy of existing drawings and to locate any additional utilities / obstructions in a given area to provide quality new project drawings. All additional references and specifications are available in VHA’s Technical Information Library at address http://www.cfm.va.gov/TIL/. Electronic AutoCAD background drawings will be provided by the VA upon request. A/E shall field verify every aspect that relates to the project. The A/E shall field verify all dimensions and utility connections. AE shall take precautions during field surveys to comply with all ICRA requirements. Coordinate site visits with the COR as determined after award. Drawings produced by the AE shall account for obstructions in the path of new utilities, relocation of existing utilities as required to accommodate new work, relocation of existing utilities if the architecture team deems it necessary to relocate an existing chase or shaft, and architectural accommodates as required for new / existing utilities (ie – access panels for new and existing utilities shall be covered under specification noted “as needed”. If utility work is required above a hard / drywall ceiling, architectural drawings shall reflect the need to remove and replace the existing ceiling unless the ceiling in question is a walkable plaster ceiling and include requirements for associated ICRA.). All utility tie in points shall be well researched and clearly shown. Utility tie in points showing a general direction and indicated as “tie into existing ________ system in room _______” will not be allowed.

The A/E shall arrange for and oversee the performance of topographic surveys, test borings, test pits, soil tests, subsurface exploration and other such investigations as he/she determines are required for the proper design of the project.

Design Review Schedule

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

SUBMISSIONS:

Submit review packages so they are received on the noted day (working days after NTP) or earlier:

Initial PDT Meeting ................................................................................................................ 0 days Schematic Submission (15%) ............................................................................................36 days (PDT Meeting) ...........................................................................................................48 days Design Development Documents (35%) ...........................................................................90 days (PDT Meeting) .........................................................................................................111 days Design Development Documents (65%) .........................................................................153 days (PDT Meeting) .........................................................................................................174 days Design Development Documents (95%) .........................................................................204 days (PDT Meeting) .........................................................................................................225 days Final Construction Bid Documents (100%) ....................................................................240 days (PDT Meeting) .........................................................................................................255 days Note: The issue of the Notice to Proceed (NTP) may be combined with the first Project Design Team (PDT) Meeting. A/E will be required to attend and take minutes of each PDT meeting. Minutes will be submitted electronically via e-mail to the COR and Contracting Officer within three calendar days of each meeting.

All new construction shall be designed to achieve an energy consumption level that is at least 30% below the level achieved under ASHRAE Standard 90.1-2010, if life-cycle cost effective. Use Appendix G of ASHRAE Standard 90.1-2010 to document the energy savings.

Should the 30% reduction in energy consumption prove not to be life-cycle cost effective, then the A/E shall evaluate alternative designs at 5% successive decrements in order to identify the most energy-efficient design that is life-cycle cost effective.

The following parameters shall be used for performing the analysis:

• 20 year life-cycle period for system comparisons

• Use Public domain programs such as TRACE, E-CUBE, Carrier E20-II, etc.

• 7% Discount Factor

• Neither include taxes, nor insurance while computing cost.

Major & Minor Renovations and Major Equipment Replacements:

For Major Renovations: Shall include any renovation where an entire area is “gutted” and rebuilt. Any replacement of central HVAC equipment or changes in air distribution shall be considered a “Major Renovation.”

Reduce the energy cost budget by 20% below pre-renovations 2003 baseline. A/E shall estimate 2003 baseline energy consumption before the renovation and compare it to the proposed design after the renovation and document the 20% savings. The primary unit for energy budget reporting is the British Thermal Unit (BTU) per square foot of the area to be renovated. A/E shall develop the energy budget as required in ASHRAE 90.1-2010, Appendix G, using the same parameters outlined above for new construction.

For Minor Renovations: Shall be defined as a small portion of a building, where only architectural treatments or simple equipment replacement is planned. The renovation will have little to no impact on the central HVAC System, or energy use within the renovated area.

Any part of the renovation which impacts energy consumption shall be designed with the mandate to reduce energy consumption. For example, if exterior walls are part of the project, then their R-Value shall be increased. If lighting fixtures are to be replaced, then they shall be replaced with the most energy efficient fixture that is cost effective (20 year life).

Renewable Energy Resources:

For any work, renewable (geothermal, heat recovery, wind, PV solar, solar hot water, etc.) shall be evaluated for life-cycle cost effectiveness.

Design Requirements / Submissions

EXPECTATIONS: Submit complete review package in accordance with the following requirements and guidelines outlined in https://www.cfm.va.gov/til/aeDesSubReq.asp Volume C Document Please pay specific attention to the schematic, design and construction submission requirements.

Deliver all design packages electronically and hardcopies to the Project Manager on the established dates to allow the VA Project Development Teams to meet as scheduled. A transmittal letter is required to go to the Contracting Officer on the same day as delivery.

Include all information as follows and as outlined in the attachments for each submission. Information required for each submittal is outlined in Program Guide PG-18-15 Volume C. The manual is at the following address: https://www.cfm.va.gov/til/aeDesSubReq.asp Schematic Submission 15%: See Attachment - A, Submission Requirements.

• Provide a 15% schematic layout review to be reviewed by the VA for proper direction prior to proceeding to 35% design. Layouts to be compromised from proposed schematic layouts as outlined at the initial PDT meeting to evaluate phasing and construction requirements. Inform the VA if temporary air handling units and / or chillers will be required to accommodate phasing planning for each proposed layout.

Schematic Submission 35%: See Attachment - B, Submission Requirements.

• Requirements for the 35% Design Development Documents Submission.

• Provide proposed schematic layout chosen as outlined at the Schematic 15% PDT meeting. Inform the VA if temporary air handling units and / or chillers will be required to accommodate phasing planning for each proposed layout.

• Budget estimates for proposed layout separated by building.

• Recommendation of advantages and disadvantages of layout.

• Develop Design Approach before proceeding to 65% design.

• Define the design elements based on selected option and submit all information required by the PG-18-15 (Design Development)

• Prepare design calculations if applicable.

• Information required for each submittal is outlined in Program Guide PG-18-15 Volume C

Design Development 65%: See Attachment - C, 65% Submission Requirements

• Requirements for the 65% Design Development Documents Submission.

• Address all comments from the Schematic 35% Submission review.

• Provide spreadsheet of VA review comments and their completion status.

• Provide spreadsheet response to VA Fire review comments and their completion status.

• Define the design elements based on the selected option and submit all information required by the PG-18-15 (Design Development).

• Provide updated budget estimates for proposed layout separated by building.

• Identify Working Drawings scope within the construction budget.

• Identify all design calculations.

• Develop plans and marked up specifications to meet all applicable federal and state codes/requirements, including but not limited to OSHA, DER, EPA, NEC, NFPA 101 Life Safety Code.

• Identify all existing utilities and utilities requirements.

• Identify all potential bid deduct alternatives.

• Identify phasing requirements for construction and their implications to the VA. Construction of project to be performed in a manner that makes phasing to be a minimal impact to the VA.

Construction Documents 95%: See Attachment - D, 95% Submission Requirements

• Requirements for the 95% Design Development Documents Submission.

• Address all comments from the 65% review.

• Provide spreadsheet of VA review comments and their completion status.

• Provide spreadsheet response to VA Fire review comments and their completion status.

• Provide Design finishes, required submittals.

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

• Revise and update cost estimates.

• Preparation of project scope for CBD/ negotiated advertisement and account for any bid deduct alternatives developed in the 65% design submission

• Finalize all design calculations.

• Finalize all potential bid deduct alternatives.

• Finalize all phasing requirements for construction.

• Address all comments from the VISN Safety & Fire Protection Review

Final Construction Documents Submission (CD): See Attachment - E

• Requirements for the Final Construction Design Development Documents Submission.

• Address all comments from the 95% review.

• Provide spreadsheet of VA review comments and their completion status.

• Provide spreadsheet response to VA Fire review comments and their completion status.

• Submit a complete document of all contract requirements for approval signatures.

• Continue to update and submit until approved.

As-Built Drawings: See Attachment F

• Submit a complete document of all as-built drawings for VA review and approval. Continue to update and submit until approved.

• Update the record drawings for both campuses, associated floors to include all renovations for this project. Final submitted record drawings should be incorporated into most current floor plan submitted by VA at close of documents.

Construction Period Services Expectations: Respond to submittals and other requests in fifteen (15) work days.

Provide services:

* 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 first-hand knowledge.

* The AE shall call into bi-weekly construction meetings with the VA.

* Review all submissions and provide recommendations to the VA within fifteen (15) work days or (7) calendar days upon request.

* Review and provide replies to contractor generated RFIs when required by the project manager within (5) work days.

* Review and provide recommendations to contractor generated RFPs and cost estimates within 10 work days.

* Make site visits on requests of the VA and prepare written reports to include agreed upon changed 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.)

* Prepare as-built drawings on original set with A/E’s stamp, based on record drawings that the contractor kept during construction and with correspondence performed during construction. Transpose contractor’s as-builts to AutoCAD 2016 file type and provide a set of updated as-builts and specifications on CD and on A/E FTP site within 30 days to the COR. These should be posted on A/E FTP site for VA retrieval.

Attachment A Schematic Drawing 15% Submission Requirements Deliver the following and include this attachment as a checklist with your submission: (In addition, all submissions to be uploaded to the A/E FTP site on the same day.)

etc), ease of system maintenance and repair access, and system design criteria (reference VA TIL, NFPA, FGI Guidelines, and any other reference standard incorporated by these documents – ICC, etc.). Make a recommendation on the most efficient and effective system design option and the reasons for the preference. Show equipment to be used in each room/area. All drawings shall be 1/8” scale.

Attachment B Schematic Drawing 35% Submission Requirements Deliver the following and include this attachment as a checklist with your submission: (In addition, all submissions to be uploaded to the A/E FTP site on the same day.)

etc), ease of system maintenance and repair access, and system design criteria (reference VA TIL, NFPA, FGI Guidelines, and any other reference standard incorporated by these documents – ICC, etc.). Make a recommendation on the most efficient and effective system design option and the reasons for the preference. Show equipment to be used in each room/area. All drawings shall be 1/8” scale.

Attachment C Design Development 65% Submission Requirements Deliver the following (labeled with 65% submission) and include this attachment as a checklist with your submission: (In addition, all submissions to be uploaded to the AE FTP site on the same day.)

and also by VA criteria, NRM, Minor, BSER and BSEA.

submittal list identifying all the submittals required to be submitted by the contractor for review.

Attachment D Design Development 95% Submission Requirements Deliver the following (labeled with 95% submission) and include this attachment as a checklist with your submission:

and also by VA criteria, NRM, Minor, BSER and BSEA.

Attachment E Contract Document Submission Requirements Expectation: Submit complete bid document for final review prior to solicitation. Continue to submit until all changes are incorporated by the A/E for final signature prior to solicitation. Upon approval duplicate copies as required.

Deliver the following (labeled with Contract Documents Submission) and include this attachment as a checklist with your submission:

o All drawings in AutoCAD 2016 and in PDF file. All CAD drawings are to be bound files with the engineering / architect stamps removed.

o All specifications in Microsoft Word o Submittal Spreadsheet via Excel spreadsheet – identifying all the submittals required to be submitted by the Contractor for review. The list shall be organized by division and specification.

o Final copy of itemized cost estimate by spec section or trade (labor, material and equipment) and also by VA criteria, NRM, Minor, BSER and BSEA..

Attachment F As-Builts Requirements

Standards/Codes/Requirements/Regulations Meet all applicable and current federal and state codes/requirements, i.e.:

OSHA Occupational Safety and Health Administration EPA Environmental Protection Agency NFPA 101 Life Safety Code TJC The Joint Commission AHERA Asbestos Hazard Emergency Response Act NESHAPS National Emission Standards for Hazardous Air Pollutants NFPA Applicable codes published by the National Fire Protection Association ASTM ASTM International (formerly the American Society for Testing and Materials UFAS Uniform Federal Accessibility Standards

VA Handbook 0730/1 Security and Law Enforcement References for Mental Health Environmental Care Version 04-18-2011

VHA DIRECTIVE 2011-036

Design using the following VA publications are available on the internet address http://www.cfm.va.gov/TIL

(End of Scope) 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 May 8, 2020 for this Request for Architect-Engineer Services for the attached Scope of Work for the A/E Project Replace AHU Bldgs 5,6,16,21,42 at VAMC Salisbury, NC.

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.

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 Sean Cosby at sean.cosby@va.gov.

Table of Contents

REPRESENTATIONS AND CERTIFICATIONS

1.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

(2) The small business size standard is $16.5 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) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

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

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

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

(x) 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.

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

(xii) 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.

(xiii) 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.

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

(xv) 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.

(xvi) 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.

(xvii) 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.

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

(xix) 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.)

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

(xxi) 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 $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiv) 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.

(xxv) 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)

1.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

1.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

1.4 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations…