36C24724R0018.docx

36C24724R0018

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.

36C24724R0018 X 10-26-2023 534-24-1-5794-0001

534-CSI-713

Department of Veterans Affairs W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia

SC

29209-1639 Department of Veterans Affairs W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia

SC

29209-1639 Raymond Manis 843-577-5011x204823

Project Number: 534-CSI-713

The contractor will provide all supervision, labor, equipment, and materials needed to complete work for project 534-CSI-713, Angio-CT Suite Upgrades per the provided drawings, specifications, and Statement of Work. The Angio CT Suite Upgrade at the Ralph H. Johnson Charleston VA Medical Center is a site preparation project that renovates a portion of the imaging suite to install new IR, CT, and IR/CT equipment. The project will replace 3 imaging machines and their supporting computers, controls, and associated equipment. Part of the renovation will create a new roof top equipment room to house the equipment for the CT, IR/CT and IR system components. The room will also house some relocated electrical equipment and new HVAC equipment. New holding bays will be created from captured space from an electrical room and alcove. Due to cutting of floor slab to install new hybrid equipment structural reinforcement will be made under the hybrid room on the first floor. New beams will be used to shore the floor where floor penetrations are being made. Construction impact shall be minimized and mitigated in a way that limits disruption to the functioning of the Veterans Affairs Health Care System Ralph H. Johnson Main Facility (VAHCS).

Scheduling and coordination with the VAHCS will be critical and must be approved by Contracting Officer’s Representative (COR) prior to work.

Project Drawings can be found on the MAX Drive Website at: https://drive.max.gov/share/5adedc9a2c6f74cc

X X 52.211-10 X Per Instructions

4:00PM

EST

11-30-2023 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

18. The offeror agrees to furnish any required 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 W.J.B. Dorn VA Medical Center 6439 Garners Ferry Road Columbia

SC

29209-1639 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 X Zaire Naylor

I. GENERAL INFORMATION

1. MAGNITUDE OF CONSTRUCTION: Between $2,000,000 and $5,000,000.

2. PROPOSAL DUE DATE: 30 NOVEMBER 2023 at 4:00 PM EST

3. SET-ASIDE: Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses (SDVOSB).

4. SITE VISIT: An organized site visit is scheduled for 8 NOVEMBER 2023 at 10:00 AM Eastern Time. Only one site visit will be conducted. Participants are to meet at:

Ralph H. Johnson VA Medical Center Engineering, Conference Room 109 Bee Street, Charleston SC 29401

Project Title: Construction: 534-CSI-713, Angio-CT Suite Upgrades (VA-23-00062238)

If vendors are planning to attend the site visit, they must RSVP to Zaire.Naylor@va.gov no later than 7 NOVEMBER at 1:00 PM EST. Subject Line: RSVP – Project Number 534-CSI-713 Angio-CT Suite Upgrades | Company Name

5. Due to COVID 19 concerns, all visitors are required to always wear a mask while in the building. Please follow CDC guidelines for COVID-19 by practicing social distancing and wearing a mask.

6. NAICS Code: 236220; Small Business Standard: $45.0 Million

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

3. REQUESTS FOR INFORMATION: Requests for Information (RFIs) shall be submitted by the prime contractor to the Point of Contact via email at Zaire.Naylor@va.gov. No telephone RFIs will be accepted. The deadline to submit RFIs for this requirement will be 15 November 2023 at 4:00 PM Eastern Time. All responses will be provided in a Question & Answer format and posted as an amendment to this solicitation for all vendors to see on the System for Award Management (SAM) website.

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

5. LIMITATIONS ON SUBCONTRACTING: (Reference FAR 52.219-14 (c)(3) and VAAR 852.219-10 (d)(3) for further information): By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities/ VIP-listed SDVOSBs. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded.

6. FUNDS: Are presently available for this acquisition.

7. BONDS: IAW FAR 28.102-1 and Contract Clause FAR 52.228-15 any amount awarded over $35,000 shall require Payment Bonds, and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 days after award.: Payment Bond required in the penal sum of 100% of contract price. Please follow the instructions included in the deviation for bonds submission.

https://www.va.gov/oal/docs/business/pps/deviationFar20200512.PDF

BID GUARANTEE: IAW FAR 28.101-2 and Contract Clause 52.228-1 Bid Guarantee shall be submitted with bid. The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000 whichever is less.

8. LIQUIDATED DAMAGES: No

9. WAGE DETERMINATION: Wages for all contractors and subcontractors must comply with Construction Wage Rate Requirements (Reference 52.222-6 for further information). The current determination is General Decision SC20230023 dated 29 September 2023.

Be advised the wage determination General Decision that is current at the time of contract award is the determination that will apply for the duration of the contract that is awarded for this solicitation. Current determinations are always available at: https://beta.sam.gov/search?index=wd.

10. CONTRACT PERFORMANCE PERIOD: 540 Calendar Days after receipt of written Notice to Proceed performed in concurrent or sequential phases as indicated or required.

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROPOSAL PREPARATION

1.0 General Instructions:

A. This section provides general guidance for preparing proposals, as well as specific instructions on the format and content of the proposal. Throughout this section, the term “offeror” means the prime contractor submitting the proposal. The offeror’s proposal must include all data and information requested and must be submitted in accordance with these instructions. Any offeror who submits an incomplete package may be considered unacceptable. The offer shall be compliant with the requirements as stated in the Request for Proposal (RFP). A proposal that is sufficiently documented to support cost/price and technical requirements in a complete, orderly, and specific detailed manner will enable the Government to perform a thorough and fair evaluation. Non-compliance with the instructions and RFP may result in an unfavorable proposal evaluation and may be grounds to eliminate the proposal from consideration for contract award.

B. Proposals, that are unreasonably high when compared to the Independent Government Estimate, and current market conditions as evidenced by the other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in rejection without discussion.

C. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of three (3) separate volumes.

Volume 1 – Price Proposal

· Tab 1 (Vendor General Information)

a) Cover Page with Solicitation Number, Project Title

b) Table of Contents

c) Signed offer/Acknowledgement of Amendments (SF1442)

d) Price Offer schedule

e) Copy of current VetBiz/SBA SDVOSB certification

f) SAM UEI Number

g) Cage Code

h) DUNS Number

i) Tax ID number

j) Offer Guarantee Bond

k) EMR* Submit information regarding current experience modification rate form (See Attachment 6). An EMR of greater than 1.0 may disqualify the bidder/offeror.

· SF 1442. Complete applicable blanks. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP

· Insert the proposed price to provide a complete and usable end product in accordance with the terms and conditions stated in this solicitation. Offerors who do not comply with this requirement shall be considered unacceptable and not eligible for award.

· Acknowledgement receipt of all amendments issued to this solicitation.

· Tab 2 (Bid Sheet) - Individual Cost Elements Proposals shall provide data detailing their individual cost elements, including but not limited to: materials, equipment, labor, overhead, profit, and bonds. The line-item estimate shall include unit prices and quantities for each cost line element prepared and submitted. The sheet includes the following information:

· Tab 3 (Other Descriptions) - Cost elements that are not on the bid sheet on tab one. These amounts shall be reflected on a line item on the bid sheet.

· Tab 4 (Assumptions) – Assumptions that were used to determine overall price.

Volume 2 – Technical Proposal (shall not include prices or pricing information)

· Each Offeror shall submit a technical volume that address each technical evaluation factor located in the Basis For Award section of the solicitation. Offerors are cautioned that the Government will only use data provided by each Offeror for this solicitation in the technical evaluation. By your proposal submission, you are representing that you will perform all the requirements specified in the solicitation.

· Provide a proposed schedule that captures the major elements of work described in the statement of work, deliverables, and specifications to complete the project at minimum within the allotted period of performance (or sooner) and any other scheduled timelines for deliverables.

Volume 3 – Past Performance Information

· The offeror shall provide a description of recent and relevant Demo, Structural, Mechanical, Electrical and Plumbing projects with clients, for which the team members provided a significant technical contribution. Work on these projects must have been in the last five years.

· Provide a minimum of three but no more than five examples of similar work completed in the past five years

2.0 Proposal Submittal.

POC: Zaire Naylor, zaire.naylor@va.gov contents: Individual files shall be labeled with volume number, content name, company name. If file size is too large and must be separated, label files 1a, 1b, 2a, 2b, etc.

SECTION M - EVALUATION FACTORS FOR AWARD

BASIS FOR AWARD:

This is a competitive best value tradeoff source selection (FAR 15.101-1) in which competing offerors' technical and past performance will be evaluated. All evaluation factors other than cost or price, when combined are approximately equal to cost or price. By submission of its offer, the offeror agrees to comply with all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

Number of Contracts to be Awarded

The Government intends to award one contract for this competitive acquisition who is deemed responsible in accordance with FAR 9.104 and whose proposal conforms to the solicitation requirements. However, the Government reserves the right to make no award at all, depending on the quality of the proposals, the prices submitted and the availability of funds.

Discussions

The Government intends to award without discussions; therefore, offerors should submit proposals that represent their best efforts. If, during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, offeror responses to Evaluation Notices (ENs) and the Final Proposal Revision (FPR) will be considered in making the source selection decision. In the event discussions are to be conducted, the competitive range will be established IAW FAR 15.306(c).

1. EVALUATION FACTORS

1.1 The following factors will be included in the solicitation and will be used to evaluate proposals:

(1) Technical Approach

(2) Past Performance

(3) Price

1.2 All evaluation factors other than cost or price, when combined are approximately equal to cost or price.

NON-PRICE/TECHNICAL FACTORS

FACTOR 1 – TECHNICAL APPROACH

1.3 TECHNICAL FACTOR 1 – TECHNICAL APPROACH

The proposing firm must clearly communicate its proposed technical approach for the solicited project which meets the attached technical specifications and construction drawings. The proposal must include, as a minimum, the following elements:

(1) Construction Approach to include:

a. Demolition and disposal of existing, and installation of new building systems as specified in the contract documents

b. Description of your QC system and Safety Plan

c. Coordination between subcontractors

d. Construction data management and reporting requirements.

(2) Conceptual Schedule Management to include:

a. Sequencing and managing important construction activities and milestones that demonstrates a firm understanding of how to schedule and manage the project’s construction and data management.

b. The schedule must include durations in calendar days that meets the contract requirements. (Note: this is a concept schedule used to assure the contractor understands the scope and sequencing of the project and is not considered a post award construction submittal).

c. Coordination between features of construction/sequencing work/staging.

(3) Staffing and Management Plan to include:

a. Management organization chart of proposing firm (prime contractor) and Key Staff including Construction Project Manager, Quality Control Manager (CQC System Manager), Site Superintendent, and Site Safety & Health Officer

b. Key subcontractors

c. Work assignments of specialized skills and trades.

1.4 Evaluation Criteria:

1. The Government will evaluate the technical approach in its entirety and categorize the proposal with one (1) combined technical evaluation for this factor.

2. The proposing firm’s technical approach narrative must be in an organized manner that acceptably addresses the elements and sub-elements listed in the submission requirements. The proposed technical approach must meet all the attached draft plans, specifications, and contract requirements, and be commensurate with this project’s size, scope, and complexity.

1.5 Minimum Acceptability Criteria:

1. The proposing firm’s technical approach must, at a minimum, include and address all the elements and elements listed in the submission requirements.

2. A proposing firm demonstrates an acceptable technical approach by meeting the minimum submission requirements for this factor and providing the Government with a technical approach that meets all of the attached plans, specifications, and contract requirements, commensurate with this project’s size, scope, and complexity.

NON-PRICE/COST FACTORS

FACTOR 2: PAST PERFORMANCE

Factor 2—Past/Present Performance: Projects must have been in the last five years. Indicate how each project is relevant to this procurement described herein. Provide a minimum of three but no more than five examples of similar work completed in the past five years (projects under construction may be included). Include as a minimum, a description of the work (including role played), the project size, cost, type of contract (e.g., task order) Client contact information and duration. These projects should be dated 2017 or later and include the following data: current client contacts, project due date, completion date and final cost compared to the contract award amount (note whether bid or negotiated). Offer shall use attachment 7 to document this information. (See Attachment 7)

Past Performance Ratings: Provide a description of relevant recent projects. The rating is an integrated assessment based on relevancy of experience and quality of the relevant contracts. The assessment process will result in an overall risk rating of substantial confidence, satisfactory confidence, limited confidence, no confidence, or unknown confidence (neutral) as described below.

For Relevancy, the below ratings will be assigned using the following criteria:

PAST PERFORMANCE RELEVANCY RATINGS

Evaluation Procedures Past/Present performance factor will be assigned ratings depicting how well the Offeror’s proposal exceeds, meets, or fails to meet the requirements of the evaluation criteria. At the conclusion of individual ratings, the Technical Evaluation Board will arrive at a consensus rating for past/present performance. An Offeror receiving an “no confidence” rating for past/present performance will not receive an award. The following rating definitions will be used in the assessment of past/present performance:

How well (quality) the contractual work was performed.

PERFORMANCE CONFIDENCE ASSESSMENT

Sources of Past Performance Information for Evaluation are as follows:

1. Past performance information shall be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; the Defense Contract Management Agency (DCMA), and the Contractor Performance Assessment Reporting System (CPARS).

2. Past performance information may be provided by the offeror, as solicited.

3. Past performance information may be obtained from questionnaires tailored to the circumstances of the acquisition.

4. NOTE – Contractor Performance Assessment Reporting System (CPARS) may be substituted for Past Performance Customer Questionnaires (Attachment 8).

COST/PRICE FACTORS

FACTOR 3: COST/PRICE

Factor 3: Cost/Price: Price/Cost will not be rated or scored but will be evaluated for fairness and reasonableness. In accordance with FAR 15.404-1(b)(2) the government may use various pricing techniques and procedures to ensure a fair and reasonable price. It shall be noted that an unrealistically low, or high proposed price may be grounds for rejecting an offeror’s proposal on the basis that the offeror does not understand the requirement or has submitted an unrealistic proposal.

Price Completeness: Price proposals will be evaluated to determine if the proposal contains costs to perform all tasks as required by the Statement of Work, Specifications, and Design Drawings.

Price Reasonableness: Reasonableness is based on the total evaluated price compared to historical prices for similar efforts, comparison to the Independent Government Cost Estimate (IGCE), and price competition obtained by the other offerors’ proposals submitted in response to this RFP. A reasonable price represents an amount that a prudent person would pay in a competitive business environment.

Page 1 of Page 1 of Page 1 of Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.232-16 PROGRESS PAYMENTS (NOV 2021)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors—

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless—

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for—

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's—

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in paragraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not—

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records.

(1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall—

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause—

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to—

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments—

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments—

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional order concerning payments—

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial product or commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if—

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the 30 day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite-delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of Clause)

2.2 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of Provision)

2.3 52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS AND SMALL BUSINESS TEAMING ARRANGEMENTS OR JOINT VENTURES (MULTIPLE-AWARD CONTRACTS) (DEC 2022)

(a) Definition. ‘‘Small Business Teaming Arrangement,’’ as used in this provision—

(1) Means an arrangement where—

(i) Two or more small business concerns have formed a joint venture; or

(ii) A small business offeror agrees with one or more other small business concerns to have them act as its subcontractors under a specified Government contract. A Small Business Teaming Arrangement between the offeror and its small business subcontractor(s) exists through a written agreement between the parties that—

(A) Is specifically referred to as a ‘‘Small Business Teaming Arrangement’’; and

(B) Sets forth the different responsibilities, roles, and percentages (or other allocations) of work as it relates to the acquisition;

(2)(i) For civilian agencies, may include two business concerns in a mentor-protégé relationship when both the mentor and the protégé are small or the protégé is small and the concerns have received an exception to affiliation pursuant to 13 CFR 121.103(h)(3)(ii) or (iii).

(ii) For DoD, may include two business concerns in a mentor-protégé relationship in the Department of Defense Pilot Mentor-Protégé Program (see section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Pub. L. 101–510; 10 U.S.C. 4901 note prec.) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the Department of Defense Pilot Mentor-Protégé Program; and

(3) See 13 CFR 121.103(b)(9) regarding the exception to affiliation for offers received from…