36C24625B0003_1.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)

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.

36C24625B0003 X 11-22-2024 659-24-300 Department of Veterans Affairs Network Contracting Office 6 1601 Brenner Ave Salisbury

NC

28144 Department of Veterans Affairs Network Contracting Office 6 1601 Brenner Ave Salisbury

NC

28144 Sean Cosby 704-638-9000 x13219 Project Title: Building 11 Egress Project Location: Salisbury VAMC 1601 Brenner Ave. Salisbury, NC 28144 Project Description: To provide bldg. 11 with two (2) metal egress stairs for additional means of egress out of the building. Period of Performance: 120 calendar days after Notice To Proceed.

Please review the SCOPE OF WORK, Specifications and Drawings for additional information about the project requirements.

THIS IS A 100% SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) SET-ASIDE IAW 38.U.S.C 8127 (d).

The SDVOSB must be a small business under the relevant NAICS code: 332323

Pre-Bid Conference / Site Visit: 12/5/2024 @10AM EST | meeting location: Lobby / outside area of Building 15 Deadline for Receipt of Questions/RFI's : 12/13/2024 @1400 EST sean.cosby@va.gov Bid Opening: 1/7/2025 @10AM EST Virtual Bid Opening meeting address: Meeting ID: 267 416 016 989 | Passcode: pe7VS6Hu

Magnitude of construction: Between $25,000 and $100,000.

x x 52.211-10 X 10:00

EST

01-07-2025 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

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 512-460-5049 512-460-5221

STATEMENT OF WORK

1. SCOPE OF WORK:

0. General: The purpose of this project is to provide bldg. 11 with two (2) metal egress stairs for additional means of egress out of the building. The work covered by this document and accompanying specifications consists of furnishing all labor, equipment, appliances, devices, and materials, and performing all operations necessary in designing and producing two (2) new metal egress stairs. Work includes, but not limited to, hardware, painting, masonry. All work, including final cleanup and completion of any punch list items, shall be performed within one hundred and twenty (120) calendar days of receipt of the Notice to Proceed. Work shall be performed in accordance with specifications and drawings as they apply to industry standards.

0. DEMOLITION & MOBILIZATION:

1. Site Preparation: Contractor to conduct Site Survey before mobilizing. Coordinate with COR of location of material and/or office support elements.

1. Dumpster shall be located on site and always covered. Coordinate with COR for location.

1. All debris shall be removed from site and if exposed outside of construction area it shall be covered and always protected.

1. Infection control measures shall be always deployed.

0. ARCHITECTURAL

2. Contractor shall submit engineered shop drawings produced by the subcontractor of all required materials, equipment, and site modifications. the COR shall be informed of any site differing conditions.

2. New materials and finishes shall match existing.

2. Contractor is responsible for making repairs on all areas disturbed by the contractor and their subs.

0. STRUCTURAL

3. All partitions, walls, floors, and ceilings shall remain structurally sound.

0. FINISHES

4. Low VOC paint and other applicable finishes shall match existing spaces.

4. Necessary millwork modifications shall be performed in a way as to not impede the VA’s staff and patients and accurately cut for sizing and penetrations.

4. All finishes shall conform to Building Code and VA Hospital specifications. Samples to be provided upon request.

1. TECHNICAL REQUIREMENTS

1. Progress Reporting: The Contractor shall report construction progress daily to the Contracting Officer’s Representative (COR). Any delays must be communicated to the COR as soon as possible after they occur. This report must be in writing. The format of this report will be discussed during the pre-construction meeting. Any changes to this scope of work must be approved IN WRITING, by the Contracting Officer, before the Contractor is authorized to begin work on the proposed change.

1. Supervision by Contractor: The Contractor shall provide a Site Superintendent carrying a 30-hr OSHA card who shall be on-site whenever work is being performed. The Site Superintendent shall be separate from the prime sub-contractor and employed by the prime contractor. Responsibilities of the Site Superintendent are as follows:

1. Oversight of project and preliminary approval of all material submittals and change order requests.

1. Daily inspections of progress. The results of the daily inspections shall be submitted to the COR in a daily report.

1. Coordination of a weekly meeting with the COR.

1. REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the Contract will be considered unacceptable. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work, shall be remedied or removed immediately and replaced in an acceptable manner.

1. LOCATION OF WORK: Salisbury VAMC, building 11

1. PROJECT SCHEDULE: Details of the project schedule pertaining to the definitions of percent completion will be submitted and milestone noted for progress payments.

1. PERFORMANCE REQUIREMENTS:

5. A jobsite supervisor carrying a 30-hour OSHA card must be on-site whenever work is being performed. A photocopy of that card along with a State or Federally issued photo ID must be provided before any work begins on-site.

5. Vendor will clean up daily before leaving the worksite.

5. Smoking is not permitted in the building or near entrances.

5. Metal stairs will be fabricated before arrival. On-site fabrication is not allowed. Modifications may be made in COR designated areas only.

5. Vendor arranges a work schedule with us so we can make the appropriate notifications a minimum of ten (10) working days in advance of arrival.

5. Any removed debris will be disposed of daily by the contractor, in the contractor’s provided dumpster.

5. Tools and equipment will not be left un-attended or left overnight.

5. No restroom facilities are in the immediate area. It is the contractors’ responsibility to provide and maintain any portable restroom facility deemed necessary for the project.

1. WORK HOURS: The services covered by this contract shall be furnished by the contractor as defined herein or as coordinated with the Contracting Officer Representative (COR). The contractor shall not be required, except in case of emergency, to furnish such services on a Federal Holiday or during off duty hours as described below.

6. The following terms have the following meanings:

0. Facility’s normal working hours: Monday through Sunday, 8:00 a.m. – 5:30 p.m., excluding federal holidays.

6. Federal Holidays: The 11 holidays observed by the Federal Government are:

6. Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

1. PAYMENTS: Payments will be made in arrears following the receipt of the invoice and the monthly summary report. Two payments will occur under this contract; once material delivery occurs, and at completion of the project.

1. INVOICES: Invoices shall be submitted twice (as directed in “Payments” section above), in arrears, and shall include at a minimum: Date of invoice, Contract Number, Purchase Order Number, Vendor Name, Invoice Number, CLIN & Date of service.

8. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, and submitted through the COR for initial approval, then into Tungsten Network (formerly known as OB10) http://www.tungsten-network.com/us/en/. A properly prepared invoice shall contain:

0. Invoice Number and Date

0. Contractor’s Name and Address

0. Accurate Purchase Order Number

0. Supply or Service provided

0. Period Supply or Service Provided

0. Total Amount Due

8. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.

8. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

2. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

2. FSC e-Invoice Contact Information: 1-877-353-9791

2. FSC e-invoice email: vafsccshd@va.gov

2. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

1. SAFETY AND LIABILITY: Contractor assumes all responsibility for the safety of the workers on the job site. Site Superintendent shall meet the following requirements: A minimum of 1-year safety work on similar projects; 30-hour OSHA construction safety class or equivalent within the last 3 years. Some work will be in shafts, special safety consideration will need to be taken and addressed.

9. LIABLE CONTRACT ITEMS: Contractor is only responsible for initial items included in this Statement of Work, drawings, specifications, and for any repairs to damage caused by the workers during construction. Contractor will be responsible for all damages caused by construction, regardless of whether the item was originally included in the scope of work. Damaged work area shall be restored to its original condition.

9. PORTABLE EXTENSION CORDS: Portable extension cords shall be sized in accordance with manufacturer ratings for the tool to be powered and protected from damage. All damaged extension cords shall be immediately removed from service. Portable extension cords shall meet the requirements of NFPA 70. (GFCI) Ground-Fault Circuit Interrupters shall be always provided for any plug-in at VAMC electrical outlets.

9. INFECTION CONTROL:

0. Class I includes inspection and non-invasive activities, e.g., small scale removal of ceiling tiles and painting (but not sanding).

0. Class II includes small scale, short duration activities that create minimal dust, e.g., access to chase spaces or computer cables.

0. Class III includes any work which generates a moderate to high level of dust or requires demolition or removal of any fixed components or assemblies (e.g., removal of floor coverings) or new construction.

0. Construction personnel will use a designated entry and exit site.

0. Only authorized personnel should be allowed to enter the construction area.

0. Doorways and walkways must be kept free of debris.

0. Appropriate personal protective equipment (PPE), such as hardhat, goggles for eye protection, face mask or shield, (possibly shoe covers, a hairnet, and a clean gown or Tyvek™ suit), will be donned before entering the site.

0. All PPE for infection prevention and control must be removed at the site of exit to prevent carrying dust to other areas within the facility. Clothes and shoes should be free of loose sand or debris once the PPE has been removed.

0. Walk-off mats will be placed at any entry/exit and must be changed frequently (checked at least twice daily) to prevent tracking of dust/debris into clean areas. Walk-off mats must be placed where they will not interfere with routine staff and patient traffic, e.g., immediately inside the construction area.

0. Contractor is responsible for keeping the construction entrance/exit zones clean. This may include wet/damp mopping and/or vacuuming with HEPA filtered vacuum at the end of each workday, or more frequently. Dry sweeping may not be performed because dust can accumulate in the building ventilation system or migrate into patient areas. However, under limited circumstances in locations sufficiently removed from patient areas, a wax-based sweeping compound, which has an NFPA Health Code of no higher than Code 1, may be used to control dust during broom sweeping activities.

0. The Infection Control Practitioner will make periodic unannounced compliance rounds. Issues needing attention will be discussed and corrected as soon as possible.

0. No food or beverages should be taken into the construction area.

0. During demolition and other dust-producing construction activities, dust will be vented to the outside of the building or personnel must use a HEPA-equipped air filtration unit 24 hours/day.

0. Proper containment of construction waste, i.e., using a tightly covered container, is mandatory.

0. Unless otherwise approved by the facility, the shortest exit route to the outside should be taken when construction waste is being transported.

0. Appropriate barrier systems for dust control must be in place before any construction starts. A job in patient areas or hospital hallways taking 5 Minutes or longer to complete requires dust barriers and barricades.

0. Once the project has been completed, Infection Control will be invited to do a walk-thru inspection to ensure cleanliness in the area.

1. STATION BADGING AND MISCELLANEOUS:

0. To obtain a badge, each worker must go to COR and present the following:

0. a valid photo ID and one other form of identification such as a Social Security Card

0. evidence of negative TB screening within 90 days prior to working on site

0. certification of OSHA 10-hour or 30-hour Construction Safety training and other relevant competency training as determined by the by the Construction Safety Committee with input from the Multi-Disciplinary Team.

0. Site superintendent/foreman for general contractor and subcontractors are required to have certification of OSHA 30-hour Construction Safety training and other relevant competency training.

0. Site superintendents for general contractors are encouraged to obtain and maintain the U.S. Army Corps of Engineers Contractor Safety and Health Requirements EM 385-1-1 40-hour Certification.

0. Workers may not drive or park on the grass without approval from the COR. The Medical Center and its surrounding grounds are Federal property.

0. The following, which includes a partial list of forbidden items and practices forbidden on federal property, are strictly prohibited in the Medical Center buildings or on the campus:

2. Weapons: Knives, Guns, and/or anything that deemed a weapon by nature

2. Drugs of any kind

2. Tobacco and alcohol products

2. Animals of any species

1. SITE CLEAN-UP AND RESTORATION: The contractor shall ensure the work site and areas around the work site are free of any debris and materials upon completion of work each day, as well as at the completion of the job. Contractor shall remove and properly dispose of all materials and equipment at the completion of the job.

1. INSPECTIONS:

2. The Contractor shall maintain an adequate inspection system and perform such periodic inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the COR as supported by the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. Government inspections and tests are for the sole benefit of the Government and do not relieve the Contractor of responsibility for providing adequate quality control measures; of responsibility for damage to or loss of the material before acceptance; constitute or imply acceptance of work unless so stated in writing; or affect the continuing rights of the Government after acceptance of the completed work.

2. The presence or absence of a government inspector does not relieve the Contractor from any contract requirements, nor is the inspector authorized to change any term or condition of the contract without written authorization from the Contracting Officer, as set forth elsewhere in this agreement.

2. The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

2. The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

2. If the Contractor does not promptly replace or correct rejected work, the Government may, by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or terminate the Contract for default.

1. VHA Specific Requirement:

3. TB, Flu, and OSHA REQUIREMENTS:

0. TB - The Contractor shall comply with the Federal OSHA Blood borne Pathogens Standard. The Contractor shall: Produce negative results within 90 days of start of work for every employee.

0. Flu - The Contractor shall comply with the W. G. Hefner Medical Center VA Directive 1192 requirements for Flu Shots. All Construction Contractors working on site must either have a Flu Shot or wear a mask regardless of interaction with patient areas.

0. OSHA – The Contractor shall comply with the Federal Guidelines. A minimum of 30(Forman)/10(Workers) hours training is required.

3. Facilities could also enforce singular entrance to buildings where the screenings are being done to all who enter. If you are contracted to perform work within a timeframe of the current COVID-19 outbreak, please make appropriate preparations.

3. Facilities are enforcing the wearing of face masks in outbreak areas while on government property.

3. Performance of contractual duties is required unless there are interruptions or reasons to prohibit performance. In that circumstance, please communicate with the Contracting Officer (CO) and Contracting Officer Representative (COR) for guidance.

1. CONTRACT ADMINISTRATION

4. Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

4. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity, or quality of performance of this contract.

4. The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

4. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 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)

2.3 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 price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 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 (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 332323.

(2) The small business size standard is 500 Employees.

(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 biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting 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) 52.227-6, Royalty Information.

[] (A) Basic.

[] (B) Alternate I.

[] (vii) 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 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from…