36C24623B0040.docx

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)

1. 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.

36C24623B0040 X 06-26-2023

TBD

TBD

658-23-001 Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153 Department of Veterans Affairs Network Contracting Office 6 1970 Roanoke Blvd Salem VA 24153 Patrick Stultz 540-983-1048 Project Title: Repaint Basements and Connecting Corridors Project Number: 658 -23-001 NAICS Code: 238320 Painting and Wall Covering Contractors SBA Size Standard: $19 Million Item 0001:

The Contractor shall furnish all labor, material, tools, equipment, transportation, and qualified supervision to perform the work as dscribed in the contract drawings and specifications for Project 658-23-001 Repaint Basements and Connecting Corridors at the Salem VA Medical Center, Salem, VA. Contractor shall prep/paint all existing interior painted basement building corridor surfaces and interior connecting corridor painted surfac es for Buildings 1,2,4,5,7,8,9,10,11,12,74, 75,76 and 77. The work will be performed on all interior corridors and the interior connecting corridors between buildings listed above. Contractor shall scrape existing loose paint and prepare surfaces for painting with 1 primer coat and 2 finish coats. Work shall require prepping/painting corridor walls and door jambs (both sides of door) in building corridors. For the connecting corridor interior walls, ceilings and windows shall be prepped and painted. Contractor shall assume all painted surfaces contain detectable levels of lead and shall perform work in accordance with OSHA standards for lead in construction.

Contractor shall provide all painting labor/equipment/ladders to pe rform new paint application. All work shall be performed in strict accordance with specifications and and drawings. If selected, the construction time allocated for completion of the work, as described above, is 365 calendar days from notice to p roceed (NTP) issued by the Contracting Officer.

IAW FAR 19.505(b)(1)(iv) The Prime Contractor is required to perform a minimum of twenty-five (25%) percent of the work on the project with its own labor force. This does not include paperwork, submittals, and project management.

IAW FAR 4.1102(a) Offerors and quoters are required to be registered in SAM at the time an offer or quotation is submitted in order to comply w ith the annual representations and certifications requirements. www.sam.gov

IAW VAAR 819.7007 (a) This requirement has been designated a total (100%) set-aside for Veteran Owned Small B usiness Concerns (VOSB).

In order for award to be made, potential awardee must be certified by the Small Business Administration and active in the database located at:

https://veterans.certify.sba.gov/

Award will be made IAW FAR Part 36-Construcion and Architect-Engineer Contracts & FAR 14- Sealed Bidding.

IAW 13 CFR 125.6 Prime Contractor shall comply with the defined subcontracting limitations.

The use of electronic bid submissions will be utilized in for this solicitation IAW FAR Part 4.5 and FAR Part 14.3.

Pre-Bid Conference/ Site Visit: July 6, 2023 @9:30 AM EDT Building 74, North Entrance, Salem VA Medical Center RFI/ Questions Due: July 13, 2023, by 10:00AM EDT Bid Due Date: July 31, 2023, by 10:00AM EDT Bid Opening: August 1, 2023 @ 2:00PM EDT LOCATION: Salem VA Medical Center Building 74, Room 212G X X 52.211-10 X

1PDF

10:00AM

EDT

07-31-2023 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 p erformance 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-th is 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 s pecified) (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 1970 Roanoke Blvd Salem VA 24153 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 512-460-5049 512-460-5221

Table of Contents

BID ITEM LIST

Statement of Work Repaint Basements and Connecting Corridors Project Number 658-23-001 Salem VA Medical Center

BID ITEM I (BASE BID):

The Contractor shall furnish all labor, materials, tools, equipment, transportation, and qualified supervision necessary to complete the work as defined by the Statement of Work, Specifications, and Contract Drawings. The work for this project consists of, but it not limited to general construction, alterations, mechanical and electrical work, necessary construction and removal of existing structures, fire protection, and plumbing. Work to be performed in Buildings 2 & 2A; on elevators P1 &P2.

The construction time allocated for completion of the work associated with Bid Item I (Base Bid), as described above, is 350 calendar days from notice to proceed (NTP) by the VA.

BID ITEM I $_______________________________

Submitted for:

Company Name __________________________________________

Submitted by:

Authorized Signature ___________________________________Date: ________________

Printed Name: _________________________________________

(This individual must be a legally authorized signatory of the company)

Page 1 of

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Repaint Basements and Connection Corridors

ACCOUNTING AND APPROPRIATION DATA

A.2 INFORMATION REGARDING BIDDING MATERIAL, BID, GUARANTEE AND BONDS

(a) IAW FAR 28.101-1(a) Contractors who submit bids/offers that exceeds $150,000.00 are required to include a bid guarantee/ bid bond at time of submission. IAW FAR 28.101-1(b) Only separate bid guarantees are acceptable in connection with construction contracts. Submissions that to not include a separate bid guarantee in the proper form or amount shall be found noncompliant IAW FAR 28.101-4 and shall result in a rejection of bid. The only exceptions to this can be found under FAR 28.101-4(c). IAW FAR 52.228-1(c) The amount of the bid guarantee shall be in an amount not less than twenty (20) percent of the bid price or $3 Million, whichever is less.

(b) IAW FAR 28.102-1(a) Performance and Payment bonds are required for any construction contract exceeding $150,000. IAW FAR 28.102-1(1) For construction contracts greater than $35,000, but not greater than $150,000, the contracting officer shall select two or more of the following payment protections found at FAR 28.102-1(1). IAW with FAR 28.102-2 (b) performance and payment bonds for contracts exceeding $150,000 shall be equal to one hundred (100) percent of the original contract price. IAW FAR 28.102-2(c) Contracts exceeding $35,000 but not exceeding $150,000, the penal amount of the payment bond or the amount of alternative payment protection must equal one (100) percent of the original contract price.

(c) IAW FAR 28.202(a)(1) Corporate sureties offered for bonds must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies,” See http://www.fms.treas.gov/c570/c570.html

(d) IAW 28.106-1 If the contract will exceed $35,000 but will not exceed $150,000, the bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, or alternative payment protection. If the contract will exceed $150,000, the bidder/offeror to whom award is made shall be required to furnish a Bid Guarantee Standard Form 24, a Performance Bond, Standard Form 25, and Payment Bond, Standard Form 25A.

*Copies of the Standard Forms 24, 25 and 25A may be obtained from the U.S. General Service Administration’s website located at: Forms | GSA.

(e) For guidance, Bidders/Offerors are referred to FAR provision 52.228-1, BID GUARANTEE (SEP 1996) in the solicitation, FAR Part 28.101 Bid Guarantees, and FAR Part 28.2 Sureties and Other Security for Bonds

36C24623B0040

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of

Page 1 of

SUBMISSION OF BIDS:

The bidder shall submit:

· Complete the SF 1442, Blocks 14, 15, 17, 19, and 20A, 20B, 20C. An official having the authority to bind your company contractually must sign and date the SF 1442 Block 20b. One copy of the SF 1442 must bear an original, authorized signature. In doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation. All sections of the solicitation, excluding Instructions to Offerors and Representations and Certifications, constitute the model contract.

· Complete FAR clause 52.204-8 Annual Representations and Certifications, paragraph (d) applies to this contract. FAR clause 52.209-5-complete sections (a) (1) and (2), and FAR clause 52.209-7 paragraph (b). Print out these provisions in their entirety and submit it with the proposal. Offerors shall submit only those pages that require fill-in.

· Complete and signed VAAR clause 852.219-75

· A fully executed bid bond.

· Documentation of their safety record.

· All forms and/or certifications as directed in the solicitation, including the specifications.

· A copy of SBA VetCert registration

· A copy of System Award Management (SAM) registration to include vendors Unique Entity Identifier (UEI)

All Bid email subject lines shall contain Solicitation Number, Project Title, Contractor Name and SAM Unique Entity ID

36C24623B0040 | Repaint Basements and Connecting Corridors | Contractor Name | SAM UE ID

NOTE: Apparent winner shall mail original hard copy of bid to:

Attn: Patrick Stultz, Contacting Officer 1970 Roanoke Boulevard Building 74, Room 212G Salem, VA 24153

GENERAL INFORMATION:

A. SAFETY AND ENVIRONMENTAL RECORD: In order to be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an Experience Modification Rate (EMR) of equal to or less than 1.0.

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record with their bid.

1. A self-certification on company letterhead that the bidder has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. Bidders shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their bid. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

1. Information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

B. DESCRIPTION OF WORK: See SCOPE OF WORK / BID ITEM LIST.

C. DISCLOSURE OF THE MAGNITUDE OF CONSTRUCTION IAW FAR 36.204 (e): The magnitude of construction is between $500,000 - $1,000,000.

D. NAICS: The NAICS Code for this procurement is 238320 – Painting and Wall Covering Contractors; Size Standard: $19 Million.

E. COMPLETION TIME: SEE BID ITEM LIST

F. SDVOSB/VOSB SET-ASIDE: IAW VAAR Part 819.7001 This procurement is a total (100%) set-aside for Veteran Owned Small Business (VOSB). Bids are only being solicited from VOSB concerns and bids received from concerns that are not VOSB shall be rejected. In order to be considered, the firm must be shown in the Small Business Association’s (VetCert) website located at Veteran Small Business Certification (sba.gov). No award can be made unless the vendor is certified.

***NOTE CERTIFIED SDVOSB FIRMS ALSO QUALIFY AS VOSB FIRMS***

G. Plans/Drawings/Specifications: Drawings and specifications are attached in electronic format to this solicitation. Offerors are responsible for downloading and printing their own bid sets. The VA will not provide hard copies of the drawings and specifications to any offeror. Contractors are responsible for ensuring that any construction document package used for proposals or construction is complete and up-to-date.

H. RESIDENT PROJECT ENGINEER: All reference to "Resident Project Engineer" in the solicitation will be changed to "Contracting Officer’s Representative" or “COR.”

I. GENDER: Wherever masculine gender is used in the solicitation and contract documents; it shall be considered to include both masculine and feminine.

J. DEPARTMENT OF VETERANS AFFAIRS: All reference to "Veteran's Administration" or "VA" in the solicitation will be changed to Department of Veterans Affairs".

K. METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables and contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.

If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in inch-pound units, a request should be made to the Contracting Officer, in writing, to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer’s Representative (COR), will accept or reject the product.

L. CONTRACTOR RESPONSIBILITY: Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration to the Government for additional time granted for completion of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

M. TRAINING: All employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COR with input from the ICRA (Infection Control Risk Assessment) team. The General and or Sub Contractor’s competent person shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. No ID badge will be issued to an employee who does not provide this documentation. Additional training requirements outlined in the Safety Requirements specification section 01 35 26 There shall be no exceptions to this requirement.

N. TB TESTING: It is the responsibility of the contractor to provide TB training annually and a PPD test annually for any employee(s) providing services at Salem VAMC. The Government reserves the right to review the contractor’s records.

O. PRE-BID CONFERENCE / SITE VISIT: A pre-bid conference / site visit has been scheduled for Thursday, July 06, 2023, at 9:30AM EDT, at the Salem VA Medical Center. Participants should meet at the Building 74, North Entrance, Salem VA Medical Center, Salem, VA. This pre-bid conference will be the only opportunity for potential offerors to visit the site.

NOTE: CUT-OFF DATE FOR QUESTIONS IS THURSDAY, JULY 13, 2023, BY 10:00 AM EDT AND MUST BE SUBMITTED VIA E-MAIL to the Contract Specialist at Shannonmarie.brown@va.gov; NO TELEPHONE QUESTIONS WILL BE ACCEPTED.

BID DUE DATE IS: MONDAY, JULY 31, 2023 @ 10:00AM EDT.

BID OPENING IS: FRIDAY, AUGSUT 1, 2023 @ 2:00PM EDT.

Bid Opening will be held at the Salem VA Medical Center Building 74, Room 212G

P. KEYS: All keys provided the Contractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor. There shall be a charge of $25.00 for each key that is lost or not returned to the COR. Payment shall be made to the Salem VA Medical Center, Salem, VA upon receipt of a Bill of Collection.

Q. PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the VISN 6 NCO will pay for any costs incurred in preparation and submission of bids or proposals.

R. PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized by this contract or its’ attached documents in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breeches of privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer. The C&A requirements do not apply, and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

S. VETS 100: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 100 reporting information can be done electronically at: VETS 4212. Award cannot be made unless the awardee has filed their VETS 100 report; therefore, all bidders/offerors are encouraged to file every year.

T. SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

U. LIMITATION ON SUBCONTRACTION (Reference Contract Clause FAR 52.219-14 (e) (4): Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

V. WAGE DETERMINATION: IAW FAR 22.404-2(a) a) The contracting officer must incorporate only the appropriate wage determinations in solicitations and contracts and must designate the work to which each determination or part thereof applies. The contracting officer must not include project wage determinations in contracts or options other than those for which they are issued. When exercising an option to extend the term of a contract, the contracting officer must select the most current wage determination(s) from the same schedule(s) as the wage determination(s) incorporated into the contract. Wages for all contractors and subcontractors must comply with Davis Bacon Wage Determinations. The current determination is General Decision VA20230172 dated 01/06/2023. IAW FAR 22.404-1(a)(1) Once incorporated in a contract, a general wage determination normally remains effective for the life of the contract, unless the contracting officer exercises an option to extend the term of the contract. Current determinations are always available at: http://www.wdol.gov/

W. Federal Holidays:

The following Federal Legal Holidays are observed by Salem VA Medical Center:

· New Year’s Day – 1 January

· Martin Luther King’s Birthday – Third Monday in January

· Presidents Day – Third Monday in February

· Memorial Day – Last Monday in May

· Juneteenth/Freedom Day – June 19

· Independence Day – 4 July

· Labor Day – First Monday in September

· Columbus Day – Second Monday in October

· Veterans Day – 11 November

· Thanksgiving Day – Fourth Thursday in November

· Christmas Day – 25 December

· Any other Federal Holiday granted by the President of the United States

2.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.2 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

2.3 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238320.

(2) The small business size standard is $19 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 products or commercial services.

(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 II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 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)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of 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 paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

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

(b) Prohibition. (1) 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot 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) Representations. The Offeror represents that—

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) 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);

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be…