36C25719R0022-001.docx

3B. TELEPHONE NO.

2. DATE OF CONTRACT

1. CONTRACT NO.

3C. ADDRESS OF ARCHITECT-ENGINEER

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

8. NEGOTIATION AUTHORITY

7. CONTRACT AMOUNT (Express in words and figures)

5. PROJECT TITLE AND LOCATION

3A. NAME OF ARCHITECT-ENGINEER

4. DEPARTMENT OR AGENCY AND ADDRESS

6. CONTRACT FOR (General description of services to be provided)

NSN 7540-00-181-8326

STANDARD FORM 252 (REV. 10-83)

PREVIOUS EDITION NOT USABLE

Prescribed by GSA-FAR(48CFR)53.236-2(a) (Include ZIP Code) (Include Area Code) (Include ZIP Code)

ARCHITECT-ENGINEER CONTRACT

TBD

Department of Veterans Affairs Network Contracting Office (NCO) 17 2002 Scott Blvd.

Temple TX 76504

Architect-Engineer Project: 549-17-801 Perform Physical Security/Resiliency Survey Veterans Integrated Service Network (VISN) 17 Healthcare Facilities Description: The scope of this project will be to perform a survey of all VISN 17 facilities to assess their type and level of compliance with the physical security design manual. Additionally, the survey will include an assessment of the facility's infrastructure to determine its level of resiliency during a disaster and failure of community infrastructure VISN 17 Emergency Management has identified the requirement to possess 96 hours of infrastructure sustainability.

This requirement is a competitive offer, set aside for Service Disabled Veteran Owned Small Business (SDVOSB), under Public Law 109-462 (38 USC 8127). NOTE: All Offerors must comply with VAAR 804.1102. Offeror must be Certified in VIP database and registered in SAM to be eligible to participate.

Applicable NAICS Code: 541310 Size Standard $7.5M.

The Period of Performance is 365 calendar days after receipt of NTP (excluding government review time (10 calendar days) In accordance with FAR 52.236-22, this contract is subject to Design Within Funding Limitations.

The magnitude of the requirement is between $1,000,000 and $2,000,000.

REQUEST FOR INFORMATION: Questions must be submitted in writing prior to cut-off:

August , 2019 at 2:00 PM CST.

THIS IS NOT A REQUEST FOR PROPOSAL

NOTE: In accordance with FAR 36.209 – Construction Contracts with Architect-Engineer Firms, A-E’s are hereby advised that no contract for the construction of a project shall be awarded to the firm that designed the project or its affiliates, except with the approval of the head of the agency or authorized representative.

As implemented by FAR 7.503(d), Contractor personnel may be utilized to assist in the performance of functions closely associated with inherently governmental functions. In accordance with FAR 9.505-4, Contractor personnel providing support of development of statements of work (Specifications and Drawings), budgeting (Construction Cost Estimate) and inspection services associated to the requirement will be required to sign a Certificate of Non-Disclosure as applicable

NOTE: THIS IS NOT A REQUEST FOR PROPOSAL

38 U.S.C. 8106 and 48 CFR

PR: 549-19-2-5294-0052

Purchase Order No. TBD Appropriation Data 549-3690162-5294-854200-3220-23NRNR001

SIGNATURES

NAMES AND TITLES (Typed)

STANDARD FORM 252 BACK

(REV. 10-83)

10.

The United States of America (called the Government) represented by the Contracting Officer executing this contract, and the Architect-Engineer agree to perform this contract in strict accordance with the clauses and the documents identified as follows, all of which are made a part of this contract:

If the parties to this contract are comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

The parties hereto have excuted this contract as of the date recorded in item 2.

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A B C D

12. THE UNITED STATES OF AMERICA

Contracting Officer

TBD

VA Design Guides; can be viewed online at www.cfm.va.gov/TIL/ VA Master Construction Specifications; can be viewed online at http://www.cfm.va.gov/til/spec.asp Mission Critical Facilities; can be viewed online at https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecMC.pdf Life Safety Protected Facilities; can be viewed online at https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecLS.pdf Crime Prevention Through Environmental Design (CPTED); can be viewed online at www.cpted.net)

Table of Contents

A.3 PRICE SCHEDULE

Period of Performance: 365 calendar days after receipt of NTP

General Scope: Architect and Engineering Services Contract for all VISN 17 Health Care facilities. Architect-Engineer (A-E) services are required to perform a survey of all VISN 17 facilities to assess their type and level of compliance with the physical security design manual. Additionally, the survey will include an assessment of the facility's infrastructure to determine its level of resiliency during a disaster and failure of community infrastructure. A/E Services are required to compare and develop a gap analysis of existing building and site conditions as they relate to the VA’s PSDM’s first and second level “points of control, evaluate all sites, exterior building components and building structures. All critical infrastructure will be evaluated to determine its capacity to recover successfully and serve all patient care areas to ensure continuity of operations. All critical infrastructure will be evaluated to determine its capacity to provide continuous service for an extended period of time. A/E shall provide an electronic master plan per facility that includes an assessment of all the PDSM requirements, vulnerabilities, deficiencies, recommendations, risk assessment, along with a site plan; develop a Risk Analysis Summary integrating assessment findings that includes building numbers, risk elements related to the specified PSDM’s and infrastructure resiliency concepts, and the corrective action recommendations to alleviate identified risks; provide revised PIMS data in spreadsheet format for VA to update the PIMS database and Infrastructure Inventory; derive number of sustained hours of operation and update the PIMS summary spreadsheet from PIMS data determining Resiliency/Sustainability; develop high level cost and budget estimates, on a rough order of magnitude, to implement the recommended corrective actions for each facility and portray the implications of the recommendations in terms of costs and interruption of services; develop a campus based site diagram to identify out of compliance deficiencies. A/E Services are required to perform a survey of all VISN 17 Healthcare facilities, which currently includes Amarillo VA Health Care System (Amarillo, TX), Central Texas Veterans Health Care System (Temple, TX), El Paso VA Health Care System (El Paso, TX), South Texas Veterans Health Care System (San Antonio, TX), VA North Texas Health Care System (Dallas, TX), VA Texas Valley Coastal Bend Health Care System (Harlingen, TX), and West Texas VA Health Care System (Big Spring, TX).

Additional A-E Services included but not limited to the following: Field Survey, Cost Estimates, Project Budget Management.

1 JB

In accordance with FAR 36.209 – Construction Contracts with Architect-Engineer Firms, A-E’s are hereby advised that no contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates, except with the approval of the head of the agency or authorized representative.

Firm selected shall be asked to provide a proposal for negotiations procedures. The Contractor shall provide a proposal in accordance with the Statement of Work.

North American Industry Classification System (NAICS) codes applicable to categories of work authorized for each IDIQ contract are as follows:

541310 – Architectural Services

ADMINISTRATIVE INFORMATION

1. The office having administrative jurisdiction over the awarded contract shall be:

Network Contracting Office (NCO) 17 Mailing address: 1901 Veterans Memorial Dr., Temple TX 76504 Physical address: 2002 Scott Blvd., Temple, TX 76504

2. Invoicing and request for payments shall be made to the COR and Contracting who shall verify/certify work completed and coordinate with the appropriate VA Finance Service Center (FSC) for payment. Detailed invoicing instructions shall be identified be in accordance with FAR 52.232-27.

3. HOURS OF OPERATION: Normal hours of operation are Monday through Friday from 7:30 AM to 4:00 PM, excluding holidays. The Contractor may be required to work other than normal hours of operation (e.g. night or weekends).

4. FEDERAL HOLIDAYS: The Federal Government observes the following days as holidays:

*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday. In addition to the days designated as holidays, the Government observes the following days.

a) Any other day designated by Federal Statute

b) Any other day designated by Executive Order

c) Any other day designated by the President’s Proclamation

d) The contractor will not be allowed to work/perform on these dates unless approved by the Contracting Officer. A written request must be submitted to and approved by the Contracting Officer at least five (5) business days prior to the holiday.

5. NOTICE TO PROCEED: A Notice to Proceed will be issued in writing after contract award by the Contracting Officer. No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

STATEMENT OF WORK

VISN 17

Project: 549-17-801, Perform Physical Security/Resiliency Survey Version 1.1 12/1/2018

I. GENERAL SCOPE OF WORK

This project will have a consultant perform a survey of all VISN 17 facilities to assess their type and level of compliance with the physical security design manual. Additionally, the survey will include an assessment of the facility's infrastructure to determine its level of resiliency during a disaster and failure of community infrastructure.

II. BACKGROUND:

The Department of Veterans Affairs (VA) is currently striving to assess and improve its physical assets, and infrastructure to decrease vulnerabilities from natural and manmade hazards that could threaten patient, visitor, and employee safety.

These risks are currently being identified and addressed collaboratively through various VA program areas that include Police, Engineering, Emergency Management, and Capital Asset Management. Risks have been mitigated or greatly reduced through facility operations, implementation of policies, staff education, and capital planning.

In addition to physical security, health care facilities and patient care are vulnerable if facility infrastructure lacks the resiliency and sustainability to ensure continuity of operations (COOP) during a catastrophic community disaster. The VISN 17 Emergency Management Committee has identified the Joint Commission’s requirement to possess 96 hours of infrastructure sustainability to be challenging for the VISN 17 large urban and rural facilities without some level of dependency on the community or a contractor. A strong self-reliant infrastructure is the cornerstone of effective healthcare COOP planning.

The VA Physical Security Design Manuals (PSDMs) contain the physical security standards for improving the protection of mission critical and life safety facilities for the VA. Mission Critical facilities are those required to continue operation during a natural or manmade extreme event. Life-safety protected facilities shall include all VA facilities designated as not mission critical. This assessment will include both VISN 17 owned and leased facilities as identified on Attachment A, “PHYSICAL SECURITY AND RESILIENCY MASTER PLAN”.

The physical security of facilities requires the use of concentric levels of control and protection to provide progressively enhanced levels of security to deter, prevent, detect, delay, and respond to threats in the protection of assets. The concept of concentric levels of control is to protect the central asset behind layers of security measures such that it is least exposed to the threats. Where a single line of defense might be easily breached, the concentric levels approach offers redundancy in lines of defense that is less likely to be breached.

VA also follows the principles of Crime Prevention Through Environmental Design (CPTED) which include elements of natural surveillance, access control, and territorial reinforcement. CPTED strategies are to be considered by the contractor in the development of recommendations tasked below to create and enhance the concentric circles or layers of security protection.

III. PROJECT OBJECTIVES:

Task 1 – Physical Security Master Plan: Attachment A, Physical Security Master Plan, is a proposed template that the consultant can use, revise, or use another tool that contains similar information as contained in the template. The final plan will be provided to all the facilities so that updates are able to be made on a recurring basis. A separate document/plan is to be created for each facility. The plan format should not require special software or skills to update that the VA does not readily have available. The proposed plan format with anticipated information is to be submitted for approval prior to starting the kick off meetings at the facilities.

Task 2 – Building Classification: Attachment A contains a list of all the buildings for all the facilities in the VISN as well as a preliminary designation for Mission Critical or Life Safety. The list is to be reviewed and revised in collaboration with the facility to ensure compliance with the PSDMs. Recommendations that deviate from the PSDM shall be compiled with justification for approval by the facility Director and Network Director.

Task 3 – PSDM “Point of Control” levels 1 and 2: This task is to compare and develop a gap analysis of existing building and site conditions as they relate to the VA’s PSDM’s first and second level “points of control” (refer to PSDM 1.3.1). The intent of this survey is to evaluate the site, exterior building components and building structures. This should include all chapters of the PSDM with the exception of chapter 5. Chapter 5 includes point of control levels 3,4, and 5, and shall be completed by VA staff.

The assessment will be made through document review and data gathering, owner interviews, and guided walkthrough non-invasive visual inspections addressing each of the applicable PSDM concepts. The document review will be based on VA provided existing building data, past security assessments, current Capital Plans (SCIP and Master Plans), existing as-built building drawings, Site Plans, and Google Earth building visual analyses. Interviews will be scheduled and coordinated with required VA staff to obtain compliance knowledge prior to visual inspections. The contractor’s visual inspection team will be accompanied by appropriate VA staff such as engineering, emergency management, and police.

This task will also include leased facilities. Since leased facilities may have been in place for many years and were not procured with the intent of meeting the PSDM, it is.

understood that they will typically not be compliant with most of the requirements. However, to have a comprehensive plan, these facilities should be included. Evaluation of these facilities is expected through VA staff interviews and making logical assumptions vs traveling to each individual Community Based Outpatient Clinic (CBOC).

Task 4 – Infrastructure Resiliency and Sustainability: This task surveys the critical infrastructure for all owned facilities to meet chapters 8-10 of the PSDM and Emergency Management for critical infrastructure. Upon completion, recommendations shall be provided that help mitigate risks and deficiencies. It is understood that not all deficiencies are able to be corrected and recommendations are not expected on all deficiencies. Recommendations should be focused on corrections through construction.

Task 4.1 PIMS Verification: The VA Emergency Preparedness Performance Improvement Management System (PIMS) contains an assessment of the critical infrastructure at all owned VISN 17 facilities. This information is to be used as baseline data to validate and update as required. The existing information has been downloaded from the PIMS database and into Attachment B. Most of the existing information is either incorrect or has not been assessed. Completed data will be provided to the VA for uploading back into the PIMS database.

Task 4.2 Resiliency: All critical infrastructure will be evaluated to determine its capacity to recover successfully and serve all patient care areas to ensure continuity of operations. The questions that are part of the PIMS system do not adequately assess the extent or hardening of all infrastructure systems. Further questioning and investigation will be necessary to establish a level of compliance with the PSDM and ensure resiliency.

Task 4.3 Sustainability: All critical infrastructure will be evaluated to determine its capacity to provide continuous service for an extended period of time. The VA has set 96 hours of continuous service as the goal for all critical infrastructure without any community or contractor intervention. This goal may not be realistic for all utilities at all facilities and after all reasonable and economical solutions have been completed, the VA will exercise procedural and contractual solutions.

IV. DELIVERABLES:

1. Task 1,2,3 – Master Plan: Provide a master plan per facility that includes an assessment of all the PDSM requirements, vulnerabilities, deficiencies, recommendations, risk assessment, along with a site plan (see #7 below). The contractor shall establish corrective action recommendations to be taken when buildings are deemed to be at risk or non-compliant with current PSDM’s.

2. The Master Plan and site plan formats shall be electronic and such that the VA does not require new special software or special skills to update. Attachment A provides a sample template of requirements. Contractor to submit proposed format for approval.

3. Task 1,2,3 – Risk Analysis Summaries: Contractor shall develop a Risk Analysis Summary integrating assessment findings that includes building numbers, risk elements related to the specified PSDM’s and infrastructure resiliency concepts, and the corrective action recommendations to alleviate identified risks. The summaries shall also indicate whether the contractor team judges the risk to be significant and briefly state the basis for that decision. The risk summaries and preferred corrective recommendations shall be organized into a spreadsheet report.

4. Task 4.1 – Infrastructure Inventory: Provide revised PIMS data in spreadsheet format for VA to update the PIMS database. PIMS questions and existing PIMS data is in Attachment B.

5. Task 4.2, 4.3 – Resiliency/Sustainability: From PIMS data, derive number of sustained hours of operation and update the PIMS summary spreadsheet. Document any high risks and recommendations to mitigate those risks.

6. Budget Estimates: Contractor shall develop high level cost and budget estimates, on a rough order of magnitude, to implement the recommended corrective actions for each facility and portray the implications of the recommendations in terms of costs and interruption of services. Contractor pricing in response to this SOW should include the potential for up to 50 ROM estimates. Prior to estimating, the contractor shall obtain an approved list to be estimated from the VA COR. The contract’s response to this SOW will include a unit cost for each additional estimate above the 50 specified.

7. Campus Site Plan: The contractor will develop a campus-based site diagram to identify out of compliance deficiencies. The site diagram shall provide call-out symbols for each identified deficiency placed at or near the location of the deficiency, crossed referenced to a summary legend placed on the diagram. The diagram should also include a graphical representation of non-compliant facility standoff distances to roads and parking. The diagram will color code mission critical and life safety buildings. To accommodate the data to be placed on the diagram, a standard 30X42 drawing size is acceptable.

8. Assessment Schedules: Contractor shall review Scope of Work, and then develop a work plan/process (work breakout structure - WBS) as well as a schedule of facility and building survey/analyses for each VISN 17 facility to be submitted to the Contracting Officer (C.O.) and Contracting Officer Representative (COR) for approval prior to start of the assessments. Contractor shall ensure the schedules include the dates, hours, and tasks to be applied to the assessments.

9. Meeting Documentation: The A/E shall further provide meeting minutes for all meetings held under this study project.

V. DATA GATHERING / KICK-OFF MEETINGS:

The VA Contracting Officer (CO), VA Contracting Officer Representative (COR), and Contractor shall conduct a post award VISN Wide “Kickoff” meeting at the Dallas facility to discuss and develop a process and checklist for data gathering, collection of existing materials, and drawings. The statement of work will be reviewed and the Contractor shall identify any questions or other issues which need to be addressed before contractor begins the individual facility analyses. In addition:

1. Contractor shall also meet with the VISN 17 Facility Teams for an initial project “kick-off.” To be held at each parent facility. The meetings shall review intended outcomes, required information/data gathering, as well as, transfer of knowledge.

2. The On Site Facility Teams shall work collaboratively with the Contractor to provide data required with sufficient detail, in an appropriate format, and in a timely manner to complete the studies, surveys, and analyses. The Contractor will be expected to collect any additional data and information, as available, from both VA corporate and local VA sources that would enhance the survey. The Contractor shall provide a data request checklist that outlines additional data requests. The data shall be drawn from all VISN 17 facilities identified in Attachment A.

VI. SPECIFIC WORK PROCESS:

1. Work Schedule: The work processes for the data analyses, buildings assessments, corrective recommendations, Master Plan implementation of recommendations, and risk reviews of the VISN 17 facilities shall be in accordance with the general schedule below. Period of performance shall not exceed one year (365 calendar days).

2. Onsite VISN Teams

a. Each facility shall determine who make key decisions in support of the discrepancies, risk areas, and corrective action plans. Team members shall participate in the scope review meeting before the onsite risk assessments and the final review summary. At a minimum this team shall include representation from Facility leadership, Engineering, Planning, Police, Emergency Management, and Safety.

b. Each facility shall provide a knowledgeable site engineer, familiar with the existing buildings and structures, to accompany the contractor during any onsite risk assessment site reviews of main and leased facilities.

c. Available architectural schematic drawings to review existing buildings on facilities as well as any other visual photos, schemata, and drawings necessary to ascertain risk assessments for at risk buildings.

d. Each facility shall review electronically the draft and final report deliverables and provide comments within 10 calendar days of submission by contractor.

3. Period of Performance: The Contractor will complete the contract, to include analyses, reports, investigations, and deliverables within one year (365 days) after issuance of the Notice to Proceed.

4. Deliverables Format: the Contractor shall establish a digital review process providing access for designated VA staff, which includes contracting, VISN and the facility.

5. Submissions: Deliverable submissions will be reviewed at 35%, 65%, and 95%.

6. Contractor Personnel Requirements/Qualifications: The Contractor is responsible for assembling their team to complete the requirements of this contract. In addition, there are specific requirements in the PDSM paragraph 1.5 for physical security and blast specialists that must be met to qualify for performing this contract.

1.5.1 Physical Security Specialist Requirements

The security specialist shall have a minimum of five years’ experience in physical security design and shall maintain current certification as Certified Protection Professional (CPP) or Physical Security Professional (PSP) from the American Society for Industrial Security (ASIS). The security specialist must have demonstrated knowledge and experience applying security strategies, such as the application of CPTED, ballistic and forced entry requirements, and electronic security system design as defined in Chapter 10. The résumé of the specialist must be submitted to the VA Project Manager (PM) for review and approval prior to the concept phase of the project. The qualifications of the firm for whom the specialist works must also be submitted with the résumé.

1.5.2 Blast Specialist Requirements

At a minimum, the structural blast specialist shall have a bachelor’s degree in structural engineering or a related field and have formal training in structural dynamics and demonstrated experience with the accepted design practices for blast resistant design. The specialist shall have a minimum of five years’ experience in performing dynamic analysis in blast resistant design. The résumé of the specialist must be submitted to the VA PM for review and approval prior to the concept phase of the project. The résumé must include a minimum of three projects during the previous two years with similar scope to the project being designed. The qualifications of the firm for whom the specialist works must also be submitted to the VA P

References:

Mission Critical Facilities: https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecMC.pdf Life Safety Protected Facilities: https://www.cfm.va.gov/til/PhysicalSecurity/dmPhySecLS.pdf Crime Prevention Through Environmental Design (CPTED, see www.cpted.net).

Attachment A – VISN 17 PSDM Master Plan Template Attachment B – PIMS Infrastructure Assessment 36C25719R0022 Attachment C – PDSM Implementation Memo Page 1 of Page 1 of

REPRESENTATIONS AND CERTIFICATIONS

1.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541310.

(2) The small business size standard is $7.5 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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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

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

(ix) 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.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 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.

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

(xviii) 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.)

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

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiii) 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.

(xxiv) 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)

1.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

1.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions 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 via the internet at https://www.state.gov/t/avc/rls/rpt/;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 via the internet at https://www.state.gov/t/avc/rls/rpt/; 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 incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an 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. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

36C25719R0022 Representations And Certifications (End of Provision)

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GENERAL PROVISIONS

2.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force…