36C24624Q0656_1.docx

36C24624Q0656

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24624Q0656 X 04-29-2024

TBD

TBD

N/A 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Shannon Brown 910.916.3331

Request for Quotation (RFQ):

Building 116 Oven Utilities Hampton Veterans Affairs Medical Center (VAMC) 100 Emancipation Drive, Hampton, VA 23667

IAW 38 U.S.C. 8127(d) This requirement is a total (100%) Service Disabled Veteran Owned Small Business (SDVOSB) set-aside IAW VAAR 819.7003(b) (DEVIATION) Interested firms MUST be certified in the Small Business Administration's (SBA) VetCert database at time of submission and award. https://veterans.certify.sba.gov/ 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 with the annual representations and certifications requirements.

IAW FAR 36.204(b) The magnitude of construction is between $25,000 and $100,000.

NAICS: 238210 Electrical Contractors and Other Wiring Installation Contractors | Size Standard $19M.

The Contractor will provide all transportation, materials, tools, labor, specialized equipment, supervision, and technical expertise for the installation and connection of the specified utilities to their corresponding appliances in the kitchen of building 116 on the Hampton Veterans Affair Medical Center, located in Hampton, Virginia.

The period of performance for this requirement is 30 calendar days from issuance of the notice to proceed (NTP).

Please see statement of work for complete list of site conditions.

Site visit: May 1, 2024 at 10:00AM EDT Location: The kitchen of Building 116 located on the Hampton VAMC Questions due: May 8, 2024 by 10:00 AM EDT. Questions must be submitted via email to Shannonmarie.brown@va.gov.

Quotes due: May 29, 2024 by 10:00 AM EDT Quotes will only be accepted via email to shannonmarie.brown@va.gov, please cc Cilena.adams@va.gov.

IAW 40 U.S.C. 3132 alternate payment protections are required.

The Government reserves the right to make an award without discussions.

X 52.211-10 X One (1) emailed

10:00AM

EDT

05-29-2024 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 512-460-5049 512-460-5221 C. Adams

Table of Contents

1.63 PRICE/COST SCHEDULE

ITEM INFORMATION

1.4 DELIVERY SCHEDULE

1.5 Statement of Work

1. General:

· The Hampton Veteran’s Affairs Medical Center requires work in building 116 kitchen to connect equipment to appropriate utilities. Details about required utilities are outlined in section 3.

2. Scope of Work:

· Contractor shall perform / provide labor and materials to install the following utilities to the following kitchen equipment:

A. Convotherm Oven: Quantity 3

1. Natural Gas

2. Electric

3. Domestic Water (including filtration)

B. Vulcan Gas Griddle

1. Natural Gas

2. Fire Suppression

C. Ivario Tilt Skillet

3. Electric1.32 Domestic Water (including filtration)

*Additional attached document labeled Equipment Specifications contains the specifications for each piece of equipment. *

· This requirement is for the connection/ installation of utilities only, the contractor will not be providing the kitchen appliances listed above.

3. Conditions:

· Contractor shall be responsible for providing all tools, equipment, lift equipment and/or PPE to complete the work.

· Lock out /Tag out to all associated equipment utilities.

· Utility shutdowns must be coordinated with the COR and contractor must give at a minimum 7 calendar days’ notice prior to the date of requested shut down.

· Utilities can remain shut-down for no longer than 48 hours.

· Coordinate with COR and obtain a hot work permit if needed.

· Coordinate with COR and facility electricians prior to deenergizing any circuits breakers or equipment.

· Containment wall must be installed with negative pressure and walk off matts in the working area of building 116.

· Install protection around the utility stub-ups to prevent accidental damage.

· Make modifications to tie into the existing natural gas, electric and domestic water systems, including valves, and fittings to accommodate emergency cutoffs: Each item of equipment shall have its own isolation valves on every utility.

· Fire suppression will be installed over the Vulcan Gas Griddle in accordance with NFPA regulations.

· No Pro Press is to be used in any applications.

· Ensure all piping and valves are supported by code compliant means for newly installed piping.

· Insulate water pipe as needed.

· Provide and install electrical and piping labels that are code complaint for gas type, letter color, background color, and letter size.

· Test and operate equipment prior to completion.

· Conduct all required inspection, quality assurance, and certification requirements.

· Contractor to supply dumpster, negative pressure machines, barrier material, (Visqueen, zip-walls, caution tape, etc.).

· Provide labor and materials to fix any damage done to wall surfaces and flooring surfaces during performance of work; patch and paint the entire affected wall to match surrounding.

· Any required Test and Measurement equipment, (copy of current calibration certificate “per device” will be provided to the Project COR).

· Coordinate and complete compliant verifications upon completion and all documentation shall be provided to the Project COR. Full payment will not be approved until all documentation is received and reviewed.

· All materials and installation work shall have a standard warranty period of one year from the date of installation.

· Temporary construction items such as dust walls, safety barriers, etc. shall be the responsibility of the contractor. Obtain approval from VA staff prior to the installation of such temporary construction.

· Return area to original state of cleanliness upon completion.

4. Period of Performance:

· The period of performance for this requirement is 30 calendar days from receipt of notice to proceed.

· All work shall be performed during the hours of 8:00 PM – 4:00 AM EDT.

· When necessary for the Contractor, (or Sub-Contractors), to be onsite at the Hampton Campus, they shall be required to report to the Project COR located in Building 8 to log in during normal working hours. Normal business hours are 7:00am to 4:30pm Monday-Friday. The check-in is mandatory; however, working hours will be from 8:00 PM – 4 AM. arrangements can be made with Engineering to work outside of these hours as needed or to minimize patient disruption. The second shift supervisor will be notified when the contractors are on station.

5. Construction and Safety Requirements:

· The construction shall comply with all VA Master Specifications PG-18-1, and Design Manuals PG-18-10 as well as any applicable NFPA and OSHA codes and standards. VA Construction and Design specifications and manuals can be found in the Technical Information Library located here: TIL

· More Safety information can be located in the additional document Hampton Construction Safety Handbook.

· Upon detection of any safety discrepancies, the Contracting Officer shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default.

6. Magnitude of Construction:

· IAW FAR 36.204 (b): The magnitude of construction for this project is between $25,000- $100,000.

7. 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.

8. 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 of the General specification section 01 35 26. There shall be no exceptions to this requirement.

9. Tuberculin Test:

· Contractor shall provide written certification that all contract employees assigned to the work site have had a pre-placement tuberculin screening within 90 days prior to assignment to the worksite and been found have negative TB screening reactions. Contractors shall be required to show documentation of negative TB screening reactions for any additional workers who are added after the 90-day requirement before they will be allowed to work on the work site.

10. Preparation of Offers:

· Neither the VAMC nor the VISN 6 NCO will pay for any costs incurred in preparation and submission of bids or proposals.

11. 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. Award cannot be made unless the awardee has filed their VETS 100 report; therefore, all offerors are encouraged to file every year.

12. System for Award Management (SAM):

· The Federal Acquisition Regulation found at 4.1102(a) requires that federal contractors register in the System for Award Management (SAM) database at www.sam.gov to be eligible under award. More information including exemptions can be found in Far Part 4 under System for Award Management.

13. Limitation on Subcontracting:

· IAW VAAR Clause 852.219-75 If awarded a contract, it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

14. 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. Wages for all contractors and subcontractors must comply with Davis Bacon Wage Determinations. The current determination is General Decision VA20240022 dated 02/23/2024. 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 available at: http://www.wdol.gov/

15. Federal Holidays:

· The following Federal Legal Holidays are observed by the Hampton VAMC:

· 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

16. Additional Documents:

· Equipment Specifications

· Hampton Construction Safety Handbook

· Wage Determination VA20240022

· Request for Information template

Page 1 of

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 SUBMISSION OF QUOTES

Offerors must clearly identify any exception to the solicited terms and conditions and provide accompanying rationale.

The Offeror 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.

· 52.204-8 Annual Representations and Certifications, paragraph (d) applies to this contract. 52.209-5--complete sections (a) (1) and (2). Include the completed provisions in their entirety with submitted quote.

· Complete and signed FAR Clause 52.219-28 and VAAR Clause 852.219-75

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

· A copy of Small Business Administration’s VetCert registration

All offeror’s email subject line shall contain Solicitation number, project title, Contractor name and SAM Unique Entity ID

36C24624Q0656 | Building 116 Oven Utilities | Contractor Name | SAM UE ID

Quote submissions without correct email subject line formatting and page order may be deemed non-responsive.

2.2 Quotation Organization:

Please separate quotations by volumes consisting of the following:

· Volume I - Price Volumes should be named in the following order:

Volume Number | Volume Title | Solicitation Number | Offeror Name.

* Volume I | Price | 36C2462Q0656 | Offeror Name *

A. Volume I – Price Offeror shall submit the following:

· A completed schedule:

· If there is more than one line item; all line items must include a price.

2.3 Basis for Award and Evaluations

· IAW FAR 13.106-1(2)(i) the basis for award will be made using price and past performance.

· IAW FAR 13.106-2(b)(4)(ii) The Government will evaluate price and past performance, make an award based on whether the lowest priced of the quotations or offers having the highest past performance rating possible represents the best value when compared to any lower priced quotation or offer.

· Price will be evaluated by adding all line-item prices together and evaluating the sum for fair and reasonableness.

2.4 INFORMATION REGARDING BID BONDS, PAYMENT AND PERFORMANCE BONDS, AND ALTERNATE FORMS OF PROTECTION:

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

(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 offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A, or alternative payment protection. 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.

*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, 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

A.3 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) (DEVIATION) (JAN 2024) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(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 $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, 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 permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

3.3 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988) The specifications cited in this solicitation may be obtained from:

Activity: https://www.cfm.va.gov/til/catalog.asp Complete Address:

VA Office of Construction & Facilities Management

Telephone Number:

Person to be Contacted:

Time(s) for Viewing:

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of Provision)

3.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

3.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is 023 Norfolk- Virginia Beach- Newport News, VA 5680 Newport News - Hampton, VA

(End of Provision)

3.6 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered…