36C25021B0029_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.

36C25021B0029 X 757-21-2-743-0041 757-20-207 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 VA Healthcare System 2780 Airport Dr, Suite 340 Columbus OH 43219 Department of Veterans Affairs ATTN: 36C25021B0029, Shelton Beasley Network Contracting Office (NCO) 10 2780 Airport Drive, Suite 340 Columbus OH 43219 Shelton Beasley

EMAIL ONLY

Modernize Hospital Finishes - Project# 757-20-207 This project will update the flooring finishes and base in public areas on the first floor of the Chalmers P. Wylie VA Ambulatory Care Center (VAACC). The work will include replacement in areas such as waiting rooms, corridors, & open atrium spaces. The project will take place on the campus of the VAACC, located at 420 N. James Rd, Columbus, OH 43219.

The project magnitude range for this project is between $250,000.00 and 500,000.00 The NAICS code for this project is 238330. The business size standard is $16.5 million.

All work shall be conducted in complete accordance with the Statement of Work (SOW) located on page ; specification sections (attached) and drawings (attached). FAR Clause 52.211-6 Brand Name or Equal is included in this solicitation.

All work shall be coordinated with the Veterans Affairs (VA) Contracting Officer (CO) & the Contracting Officer's Representative (COR).

All bidders shall insert your bid price in the appropriate block(s) on page 2 of this solicitation in accordance with with the guidance provided in the Statement of Bid Items. Bids will be evaluated on price and price related factors.

Site visit and place of performance is on the campus of the VAACC as indicated in the first paragraph of box 10.

An organized site visit will be conducted - see FAR 52.236-27 SITE VISIT INFORMATION

Cut-off date and time to submit pre-award Requests for Information (RFI) is 05-21-2021, at 3:00 PM ET. RFIs shall be e-mailed to brian.kish@va.gov & shelton.beasley@va.gov and must have the project title in the subject line of the email.

This project is a 100% set-aside for a Service Disabled Veteran Owned Small Business (SDVOSB). All bidders must be verified in VETBIZ and registered in SAM at the time of the offer due date and the time of award in order to be eligible for award. For eligibility under the NAICS, see VAAR 852.219.10(4) for performance requirements.

All contractors working on the campus of the VAACC shall comply with all Federal Government, Department of Veterans Affairs, & VAACC mandates in regard to COVID-19 precautions. The cost of personal protective equipment (PPE) to bring the contractor's employees, subcontractors, suppliers, consultants, and visitors into compliance shall be borne by the contractor. These mandates may change throughout the period of performance, and the contractor shall adapt, as necessary and bear the costs accordingly at no additional cost to the Department of Veterans Affairs.

***See the Statement of Bid Items located on page 9 & complete fill blanks at the bottom of the page*** X X 52.211-10 X

11:30 AM

EDT

06-08-2021 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

Please write clearly & legibly. Numbers & US currency symbols only. The price for the bid item should not require any mathematical calculations to be performed by the VA to determine the bidder's price.

BID ITEM 1 (BASE BID) $_____________________________________

701/AL

Department of Veterans Affairs Network Contracting Office (NCO) 10 VA Healthcare System 2780 Airport Drive, Suite 340 Columbus OH 43219 36C250 Department of Veterans Affairs Financial Services Center Invoices to be Submitted Electronically www.ob10.com/us/en/veterans-affairs// e-Invoice Setup Info Phone 877-489-6135 877-353-9791 512-460-5429 Brian S. Kish

Table of Contents

Modernize Hospital Finishes (Project # 757-20-207) Chalmers P. Wylie VA Ambulatory Care Center Statement of Work

Due to damage and wear and tear on the existing flooring on the first floor of the Chalmers P. Wylie Veterans Affairs Ambulatory Care Center (VAACC), the VAACC would like to replace existing flooring and base. Please see below for important details.

The contractor is to provide labor, materials and equipment to complete the following: Remove and dispose of existing flooring and base. Prep floors. Furnish and install adhesive, flooring (LVT and carpet), and resilient millwork base. The contractor is expected to professionally perform the required tasks in a way that will minimize damage to walls. Patching and painting of walls, if necessary, is the responsibility of the VAACC. The VAACC reserves the right to physically inspect all materials for acceptability, prior to installation. All potential materials shall be part of the submittal process, and the VAACC reserves the right to require physical samples prior to the contractor receiving approval. If any of the flooring is unacceptable at the time of installation and requires replacement, or adjustment, it is the contractor’s responsibility to coordinate the task with the VAACC’s Contracting Officer’s Representative (COR). The period of performance is 90 calendar days from issuance of the Notice to Proceed (NTP). The project is divided into 8 phases. There is no requirement that each phase must be completed sequentially. Please see the Installation section below for details. Working hours are restricted to weekends only, from 5:00 PM (local time) on Fridays until 8:00 PM (local time) on Sundays. Requests to work on federal holidays will be considered at no additional expense to the VAACC.

Areas to be included within this project are:

Phase 1– Period of performance 3 calendar days

a) 1A026 Corridor

b) 1A022 Corridor

Phase 2 – Period of performance 3 calendar days

a) 1A021 Corridor

b) 1A007 Lobby

c) 1A017 Corridor

Phase 3 – Period of performance 3 calendar days

a) 1A070 Dining/Canteen (East)

b) 1A071 Corridor

Phase 4 – Period of performance 3 calendar days

a) 1A018 Corridor (North)

b) 1B003 Pharmacy Waiting

Phase 5 – Period of performance 3 calendar days

a) 1A018 Corridor (South)

Phase 6 – Period of performance 3 calendar days

a) 1A005 Waiting

b) 1A019 Corridor

c) 1B001 Elevator Lobby

Phase 7– Period of performance 3 calendar days 1A070 Dining/Canteen (West)

Phase 8– Period of performance 3 calendar days

a) 1A001 Vestibule

b) 1A002 Wheelchair Storage

See “LVT and Carpet Locations” and “More Detail on VA Seal and Accent LVT Locations” drawings for additional information.

All areas are located within the place of performance - The Chalmers P. Wylie VA VAACC (main building) – 420 N. James Rd, Columbus, OH 43219.

The contractor must provide the brand name products listed, or equal. Any proposed equal products will be submitted for approval, after award, to the Contracting Officer’s Representative (COR) and accompanied by a physical sample. The contractor assumes the risk that if some or all proposed equal products are rejected, and the brand name product(s) must be purchased, any increase in price will not be borne directly or indirectly by the VAACC.

Products Specified:

(See attached “Salient Characteristics”)

PRIMARY LVT

· Patcraft LVT Timber Grove II 1421V in color 00775 Boxwood, 20 mil, size: 5.96”x48”, stagger installation

ACCENT LVT

· Patcraft Stratified+ 1321V in color 00790 Shale, 20 mil, size: 6”x24”, stagger installation

VA SEAL

· Patcraft LVT CMYK 1426V, 20 mil, 12”x24”, cut to logo paths

· Colors: 00410 Sky, 00481 Solstice, 00510 Cloud, 00850 Roma, 00590 Obsidian, 00740 Fauna, 00720 Timber, 00230 Sungold

WALK-OFF CARPET

· Patcraft Beyond the Door 10317, Prado Modular, Color: 00123 Opal, 24”x24”, Monolithic installation

BASE

· Johnsonite/Tarkett Millwork Resilient Wall Base, Inflection Profile, 5.25”H, .375”D, Color: 11 Canvas

ADHESIVE

· All adhesives as recommended by manufacturer.

TRANSITION STRIPS

· Transition strips as needed, TBD. Must present options to COR for approval.

Potential bidders should be aware that the VA Seal Tile may not be a “commercially off the shelf” item and may have a longer lead time associated with its acquisition compared to other products and materials. Potential bidders should plan accordingly for this, as the VA is unlikely to grant additional time for project completion without satisfactory consideration.

THE CONTRACTOR IS REQUIRED TO PURCHASE 3% ADDITIONAL STOCK OF FLOORING MATERIALS (LVT AND WALK-OFF CARPET) FOR ATTIC STOCK AND TURN THOSE MATERIALS OVER TO THE VA, BEFORE THE PROJECT WILL BE CONSIDERED COMPLETE.

Installation

Installation method for the LVT is to be stagger except for the VA seal. Installation method for the VA seal follows the design rendering – cut to logo paths. Carpet tile should be installed in a monolithic method.

The installation schedule will be definitized as the project executes. Although the phases do not have to be executed in sequential order, at a minimum, the contractor should be prepared to propose the phase that he/she would like to execute first, at the pre-construction meeting, and before issuance of the Notice to Proceed. The Monday after the first phase is complete, the contractor should be prepared to propose the next phase to be completed for the following Friday through Sunday work period and/or any federal holidays (the VA will not pay a premium for work executed on a holiday). This process will continue until all project phases are complete. The VA reserves the right to honor or decline the contractor’s proposal, and provide the contactor with an alternate phase, if the proposal is declined. Exercising this right will not add any additional cost to the VAACC beyond the original contract amount, as long as it is within the project’s original period of performance.

All tools and equipment must be delivered at the beginning of each phase and completely removed from the work site at the conclusion of each phase. The VAACC will not store any items for any reason. The flooring must be inspected by the COR, or his designee, for quality, damages, and workmanship issues following each phase of installation and the contractor is expected to replace any damaged flooring at no cost to the VAACC, to the satisfaction of the COR or his designee. The contractor must point out all damages and issues to the COR and propose a plan to replace the damaged flooring. The plan will be in written form and submitted for the COR’s written approval.

There is access to a loading dock. The contractor will be allowed space to deploy a trash dumpster on site. The contractor shall work closely with the COR to coordinate the dumpster’s delivery and location. All waste generated by the contractor will be removed from the building at the end of each workday.

The end state of this project should result in flooring in all the above mentioned spaces. These spaces will be made available for a site visit. It is strongly encouraged that all potential offerors attend the site visit. Those who choose to participate in the site visit, must participate in a health screen, wear a mask, and adhere to social distancing guidelines. This is mandated by the local and federal government.

Performance Monitoring VA COR, or his/ her designee will be present for installation and will be the point of contact for deliveries and installations. If any issues arise, the COR must be notified within 3 calendar days. If any issues/damages occur, it is to be noted in writing and submitted to the COR, within 3 calendar days.

Other Pertinent Information or Special Considerations There is a current mandate in place, that states that anyone on VA property is required to wear a mask. This mandate will be enforced.

All packaging/waste materials must be removed from site, recycled as much as possible, or disposed of by contractor at the end of the workday.

VA Responsibilities Project Areas shall be cleaned and free of activity for the agreed upon duration Parking will be provided for construction vehicle(s)

STATEMENT OF BID ITEMS

Project # 757-20-207:

This project will update the flooring finishes and base in the public areas on the first floor of the Chalmers P. Wylie VA Ambulatory Care Center (VAACC). The work will include replacement in areas such as waiting rooms, corridors, & open atrium spaces. The project will take place at the VAACC, located at 420 N. James Road Columbus, OH 43219.

**NOTE: A SINGLE AWARD MAY BE MADE ON BID ITEM 1 (BASE BID). OFFERORS SHOULD QUOTE A PRICE ON THE ITEM LISTED AND WILL NEED TO SUBMIT A TOTAL COST FOR THE BID ITEM. THE PRICE FOR THE BID ITEM SHOULD NOT REQUIRE ANY MATHEMATICAL CALCULATIONS TO BE PERFORMED BY THE VA DETERMINE THE BIDDER’S PRICE.

BID ITEM 1 (BASE BID): The contractor shall provide all labor, materials and supervision to complete all tasks as indicated in the Statement of Work (SOW). All work shall be performed with strict compliance to SOW, attached drawings, specifications, and other attached supporting documents. All work shall be completed within 90 calendar days after receipt of the Notice to Proceed.

NOTICE-SAFETY COMPLIANCE REQUIREMENT

Safety or Environmental Violations and Experience Modification Rate All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record: (The information as outlined below shall be submitted at the time the sealed bid or request for proposal is submitted. For sealed bids, information shall be submitted in a separate sealed envelope identified by the solicitation number, company name, and identified as “Safety Compliance Information”)

1. VIOLATION INFORMATION: The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

2. EXPERIENCE MODIFICATION RATE: All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

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

DETERMINATION OF NON-RESPONSIVE--

All bids/offers in response to this solicitation will be reviewed for responsiveness to the solicitation. Failure to provide documentation as outlined above, at date and time set for bid opening or receipt of proposal, may deem the bid/proposal Non-Responsive.

Post award, this requirement is applicable to all subcontracting tiers, and prospective prime contractors will be responsible for determining the suitability of their prospective subcontractors. Information concerning any subcontractors will be provided to the Contracting Officer, in the same form and format as outlined above, prior to the prospective subcontractors commencing work under any resulting contract.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting bids direct to the Department of Veterans Affairs directly from the website at https://beta.sam.gov/

(b) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000.00 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

Cost Range: $250,000.00 - $500,000.00

NOTICE - REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

(a) as prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed the simplified acquisition threshold and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

(b) Each contractor whose contract award is estimated to exceed $150,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

(c) For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

(d) Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

A.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238330.

(2) The small business size standard is $16.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

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

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

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

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(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 will be performed in the United States or its outlying areas.

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

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates 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 $83,099, the provision with its Alternate II applies.

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

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

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) A.4 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) A.5 FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Clause) A.6 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 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 Items. 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) A.7 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (FEB 2021)

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

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

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

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

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

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

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports…