36C25618B0375-001.docx

36C25618B0375 Section M

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.

36C25618B0375 X 04-19-2018 586-18-3-1513-0001 586-16-106 00586 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC 1500 E. Woodrow Wilson Dr.

Jackson

MS

39216 Department of Veterans Affairs Network Contracting Office 16

ATTN: ASHLEI DONERSON

715 S. Pear Orchard Road, Plaza 1 Suite Ridgeland

MS

39157 Ashlei Donerson 6012066957 CONTRACTOR SHALL FURNISH ALL LABOR, TOOLS, MATERIALS, EQUIPMENT AND SUPERVISION NECESSARY TO PERFORM ALL WORK ASSOCIATED WITH PROJECT 586-16-106 RENOVATE GROUND FLOOR CLC- BUILDING 7 IN ACCORDANCE WITH THE DRAWINGS, SPECIFICATIONS, AND SOW SPECIFIED HEREIN.

THERE ARE TEN DEDUCT ALTERNATES FOR THIS PROJECT. PLEASE SEE SCHEDULE OF BID ITEMS.

This is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside competitive procurement pursuant to Public Law 109-461 (38 USC 8127). The SDVOSB is required to perform a minimum of 15% of the construction work. The SDVOSB must be a small business under the relevant NAICS code. Vendors submitting proposals under a Joint Venture shall submit a copy of their Joint Venture agreement with their offer. Joint Ventures shall comply with VA IL 049-06-4 found at http://www.va.gov/oal/docs/library/ils/il06-4.pdf.

Notice of total Service-Disabled Veteran-Owned Small Business set-aside, page 32, applies to all items in this solicitation.

SITE VISIT: A SITE VISIT WILL BE HELD AT 1:00 PM LOCAL (JACKSON) TIME ON April 26, 2018. INTERESTED PARTIES WILL MEET IN ROOM I-101 (ENGINEERING PLAN ROOM). THIS WILL BE THE ONLY SITE VISIT CONDUCTED FOR THIS PROCUREMENT.

INFORMATION PROVIDED AT THE SITE VISIT SHALL NOT ALTER THE TERMS AND CONDITIONS OF THE SOLICITATION. TERMS OF THE SOLICITATION REMAIN UNCHANGED UNLESS THE SOLICITATION IS AMENDED IN WRITING. CONTRACTORS ARE REQUIRED TO SUBMIT ALL QUESTIONS IN WRITING (EMAIL IS ACCEPTABLE) TO THE CONTRACTING OFFICER SHOWN ABOVE NO LATER THAN NOON LOCAL (JACKSON) TIME 14 CALENDAR DAYS PRIOR TO THE BID SUBMISSION DATE SHOWN IN BLOCK 13A BELOW OR AS AMENDED.

IMPORTANT: All SDVOSB contractors shall be Center for Veterans Enterprise (CVE) verified with the assigned NAICS code in order to receive contract award. Visit the following website for more information:

HTTP://WWW.VA.GOV/OSDBU/VETERAN/VERIFICATION.ASP

Wage Determination MS180142 dated 01/05/2018 applies and is incorporated into this IFB.

PER VAAR 836.204 THE ESTIMATED PRICE RANGE OF THIS PROJECT IS BETWEEN $5,000,000 AND $10,000,000.

NAICS CODE: 236220 SIZE STANDARD: $36.5M

GEOGRAPHICAL AREA WHERE WORK IS TO BE PERFORMED: JACKSON, HINDS COUNTY, MISSISSIPPI.

THIS PROCUREMENT IS SUBJECT TO THE AVAILABILITY OF FUNDS.

x x 52.211-10 X 12pm 05-23-2018 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

586-3680162-1513-854200-3220-23NRNR413

10N16 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC A&MM Service (90C) 715 South Pear Orchard Road Ridgeland

MS

39157 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin

TX

78714 9971

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SCHEDULE OF BID ITEMS Contract Line Item Number (CLIN) 0001 (See Statement of Work, Contract Specifications and Drawings).

AWARD POLICY: The Base Offer for CLIN 0001 includes all materials, labor, equipment and supervision to renovate the ground floor of the CLC, building 7, at the G.V. (Sonny) Montgomery VAMC in Jackson, MS. Work includes general construction, alterations, site work, electrical work, utility systems, and necessary removal of existing structures, providing equipment and materials, and certain other items for renovation of approximately 23,780 square feet as provided in the Statement of Work and referenced attachments. All work shall meet code and be performed in accordance with the contract and any applicable drawings and specifications. Offerors shall submit bids for CLIN 0001. Based upon availability of funds, award of contract will be made to the responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only price and the price-related factors (see 14.201-8) included in the invitation.

A single award will be made on Item No. 1, but in the event the bid exceeds the funds available, a single award will be made on Item No. 2, 3, 4, 5, 6, 7,8,9,10 or 11 in that order, based on available funding.

Bidders should quote a price on each item listed.

INSTRUCTIONS FOR PROPOSING ON BASE OFFER AND EACH DEDUCTIVE ALTERNATE: FOR BASE OFFER ITEM, INSERT TOTAL PROJECT BID AMOUNT.

BID SCHEDULE Contract Line Item Number CLIN 0001 (See Performance Work Statement, Contract, Specifications, Drawings, and other Attachments as applicable)

· CLIN 0001, BASE BID - GENERAL CONSTRUCTION: Construction services to renovate approximately 23,780 square feet of space identified as the ground floor of the CLC (Building 7) at the G.V. (Sonny) Montgomery VAMC in Jackson, MS in accordance with the SOW, plans, drawings, specifications, and terms and conditions contained herein.

Work includes: general construction, alterations, site work, electrical work, utility systems, necessary removal of existing structures, as well as reconfiguration of ceilings, walls, and flooring as necessary to support new equipment.

PERIOD OF PERFORMANCE – 548 CALENDAR DAYS AFTER RECEIPT OF NOTICE TO PROCEED.

CLIN 0001, Base Bid – General Construction: $______________________________

· CLIN 0002 ALTERNATE NO.1: All work contained in CLIN 0001 minus the following:

Remove residential appliances.

CLIN 0002, Base Bid minus Alternate 1: $______________________________

· CLIN 0003 ALTERNATE NO. 2: All work contained in CLIN 00001 minus Alternate 1 and the following:

Armstrong flooring in lieu of large format porcelain tile

CLIN 0003, Base Bid minus Alternates 1-2: $______________________________

· CLIN 0004 ALTERNATE NO. 3: All work contained in CLIN 00001 minus Alternates 1-2 and the following:

Remove security systems equipment

CLIN 0004, Base Bid minus Alternates 1-3: $______________________________

· CLIN 0005 ALTERNATE NO. 4: All work contained in CLIN 00001 minus Alternates 1-3 and the following:

Remove door access controls equipment.

CLIN 0005, Base Bid minus Alternates 1-4: $______________________________

· CLIN 0006 ALTERNATE NO. 5: All work contained in CLIN 00001 minus Alternates 1-4 and the following:

Remove steam to hot water scope

CLIN 0006, Base Bid minus Alternates 1-5: $______________________________

· CLIN 0007 ALTERNATE NO. 6: All work contained in CLIN 00001 minus Alternates 1-5 and the following:

Replace fixtures only in existing locker room

CLIN 0007, Base Bid minus Alternates 1-6: $______________________________

· CLIN 0008 ALTERNATE NO. 7: All work contained in CLIN 00001 minus Alternates 1-6 and the following:

Keep exterior storefront and sliding doors.

CLIN 0008, Base Bid minus Alternates 1-7: $______________________________

· CLIN 0009 ALTERNATE NO. 8: All work contained in CLIN 00001 minus Alternates 1-7 and the following:

Manual regular flush valves

CLIN 0009, Base Bid minus Alternates 1-8: $______________________________

· CLIN 0010 ALTERNATE NO. 9: All work contained in CLIN 00001 minus Alternates 1-8 and the following:

Remove patient lift scope

CLIN 0010, Base Bid minus Alternates 1-9: $______________________________

· CLIN 0011 ALTERNATE NO. 10: All work contained in CLIN 00001 minus Alternates 1-9 and the following:

Remove Pneumatic Tube System scope

CLIN 0011, Base Bid minus Alternates 1-10: $______________________________

B.1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C25618B0375 Section B

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C25618B0375 Section C

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C.1 STATEMENT OF WORK

CONSTRUCT RENOVATE GROUND FLOOR COMMUNITY LIVING CENTER

Project No: 586-16-106 Statement of Work

1 Foreword

1.1 Contractor shall provide all labor, materials, tools, equipment, expertise, administration, supervision and transportation as necessary to perform all work in accordance with provided construction specifications, drawings, all documents attached to this contract, all terms and conditions of this contract, and this statement of work.

1.2 This document does not relieve the contractor of their professional responsibility to comply with all local and federal construction and environmental codes and to perform and complete a fully coordinated job.

2 General Project Description

2.1 Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor and materials and perform work for construction renovation of ground floor community living center as required by drawings and specifications.

2.2 Work includes general construction, walks, grading, drainage, mechanical and electrical work, utility systems, elevators, necessary removal/demolition of an existing structure, asbestos and lead abatement, construction, and certain other items as required by provided construction documents. This Scope of Work is not considered to be a comprehensive description of work details for this project. All work shall be completed per the plans/drawings and specifications.

3 General Construction Requirements

3.1 Prior to any mobilization and construction, the contractor shall request and have an approved Construction Safety Plan, and an Interim Life Safety Measures Certification from the VAMC. Also project/construction schedule, schedule of values/prices and construction phases have to be provided and approved by VA’s COR/Project Engineer and/or Contracting Officer.

3.2 The entire project’s associated construction and temporary works shall conform to the latest VA specifications, VA Standards, energy conservation methods, ACI, EPA, OSHA, NFPA, NEC, ASHRAE, LIFE SAFETY CODE, UBC, local, Federal and industry requirements and regulations.

3.3 Project Record Drawings: The Contractor shall maintain a set of Record Drawings. The Contractor shall maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process. The project record drawings shall be available for review by the VA COR at all times.

3.4 The following milestone dates shall be incorporated into the contractor’s schedule.

3.4.1 Submittal Schedule and log shall be provided within ten (10) calendar days after Notice to Proceed. The contractor shall provide it to the Contracting Officer’s Representative (COR) for approval, and shall include the dates for submission of Shop Drawings, Product Data, and Samples.

3.4.2 All Shop Drawings, Product Data and Samples shall be submitted and approved by the VA within sixty (60) calendar days after Notice to Proceed. The VA will provide the Contractor with written comments within 15 business days after receiving each submittal.

3.4.3 The Contractor shall submit a construction schedule within ten (10) calendar days after Notice to Proceed. The construction schedule shall be prepared in terms of calendar days (not working days). Once the construction schedule is submitted by the Contractor and approved by the CO, no lateness in the schedule shall be tolerated without the CO’s approval.

3.4.4 A pre-construction meeting shall be held within ten (10) calendar days after award of Contract. During the construction, the Contractor shall attend all bi-weekly construction progress meetings. The meeting schedule and place will be discussed in the pre-construction meeting.

4 General Contract Requirements

4.1 VA’s Normal Working Hours are 7:00 am to 4:30 p.m., Monday through Friday. Contractor may work earlier or later in the day and on weekends or federal holidays with the COR’s approval at no additional cost to the VA. Noise disturbances and utility shutdowns/tie-ins shall be coordinated with the COR and not interfere with VA daily operations.

4.2 Pursuant to clause 52.236-8 Other Contracts, Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. If required by the Contracting Officer, Contractor shall, at no additional cost to the VA, coordinate with other VA activities including, but not limited to, construction activities near the job site to ensure the construction work under this project will be in harmony with those activities. This coordination shall include, but not limited to, the careful scheduling of work commencement, equipment mobilization, etc.

4.3 Contractor employees shall not be considered government employees for any purpose under this contract.

4.4 Changes under this contract may only be authorized in writing by the Contracting Officer.

4.5 The following legal holidays are observed by this Government Agency:

and any day declared by the federal government as holiday.

5 Project Meetings

5.1 At a minimum, every two weeks the contractor shall hold a progress meeting to review progress to date and to resolve all questions for the project. The progress meeting shall include at a minimum, the Project Manager and the Superintendent representing the Contractor, the COR and the CO representing the Government. Technical supervisor (foreman), sub-contractors, suppliers, etc. shall attend when requested by the Contracting Officer. The meeting shall be same day, time, and place.

5.2 Meeting Minutes - The contractor shall take minutes of all meetings held relative to this project. The format must be acceptable to the Contracting Officer (CO). Minutes must include the meeting date and time; agenda; meeting location; list of participants with their affiliations, and telephone numbers; be fully descriptive of issues, problems and decisions made; and action items with names of responsible parties and deadlines. In addition, the minutes must include, as attachments, all exhibits and references distributed as handout materials, unless the materials are part of a formal submission. The contractor shall provide, via e-mail, complete copies of all minutes to all attendees within 72 hours of the meeting. All challenges to the minutes will be reflected in a revised version prepared by the contractor and CO along with the contractor and COR shall sign/initial the minutes. In the event of any disputes or challenges that can’t be resolved, the Contracting Officer shall render a final decision. Copies of updated minutes shall be distributed to the all attendees within 48 hours after change notice.

6 Safety/Security

6.1 Contract workers under this project may require a flash badge from the VA before construction commences at G.V. (Sonny) Montgomery VAMC. There is no charge for flash badges.

6.2 After award, the contractor shall provide a letter to the CO confirming that all workers, including subcontractors’ employees, are TB negative.

7 Project Duration

7.1 Project work must be completed within 548 calendar days after the issuance of the Notice to Proceed.

--- End---

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SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C25618B0375 Section D

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SECTION E - INSPECTION AND ACCEPTANCE

36C25618B0375 Section E

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 548 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by TEN DAYS AFTER AWARD. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

F.2 DELIVERY SCHEDULE

1.00

36C25618B0375 Section F

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

1. Contract Administration: All contract administration matters will be handled by the following individual(s):

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 00256 U.S. Department of Veterans Affairs Network Contracting Activity 16 Purchasing & Contracting (90C) 715 S. Pear Orchard Rd., Plaza I Ridgeland, MS 39157

2. CONTRACTOR REMITTANCE ADDRESS: Effective January 1, 1999 all payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-34, Payment by Electronic Funds Transfer. Contractor must be registered in the Central Contractor Registration (CCR) database in accordance with FAR Clause 52.212-1(k).

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Department of Veterans Affairs (VA) has implemented Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract. Each person granted access will have the ability to provide comments in the Contractors portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) The Assessing Official will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. The Contractor Representative has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the Assessing Official. The Contractor Representative has a total of 60 days following the Assessing Official’s evaluation signature date to send comments. If the Contractor Representative sends comments within the first 14 days following the Assessing Official’s signature date and the Assessing Official or Reviewing Official closes the evaluation, the evaluation will become available in PPIRS-RC within 1 day. On day 15 following the Assessing Official’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without Contractor Representative comments and whether or not it has been closed by the Assessing Official or Reviewing Official. If no Contractor Representative comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC. If the Contractor Representative sends comments at any time prior to 61 days following the Assessing Official’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the Assessing Official’s evaluation signature date, the Contractor Representative will be “locked out” of the evaluation and may no longer send comments.

(f) The following guidelines apply concerning Contractor Representative use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

36C25618B0375 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

I.2 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) I.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of Clause)

I.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .

[Contractor to sign and date and insert authorized signer's name and title].

(End of Clause)

I.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause— “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

I.6 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause) I.7 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.