36C25818R0351-001.docx

36C25818R0351

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.

36C25818R0351 X 08-22-2018 664-18-323 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix

AZ

85014 Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix

AZ

85014 Sean Berrios 6027954346 Project Number: 664-18-323 Pharmacy Renovation (SDVAHCS)

This solicitation calls for construction to renovate the pharmacy space. The pharmacy space must be reconfigured to conform with the space programming for Ante Rooms and Drug Storage.

Job Walk: 27 August 2018 @ 10:00 A.M. at SDVAHCS, BLDG 11 Engineering Officer RM BB107, 3350 La Jolla Village Drive, San Diego, CA 92161 RFI's Due : 30 August 2018 @10:00 A.M. (submit to sean.berrios@va.gov) RFI Responses Due: 04 September 2018 (posted as an amendment) Field Verification Reports will need to be scheduled week of 04 September 2018 through 8 September 2018. Schedule with Wilson Rowley (858-518-2705) or (858-552-7488) or wilson.rowley@va.gov.

Contractor shall furnish all labor, equipment, certification, supervision, and materials necessary to perform all operations in connection with this order.

Awardee shall perform work in strict accordance with General Specifications, Statement of Work, Attachments, Schedule, Site Drawings, and terms and conditions set forth in the contract.

This requirement is 100% set aside for SDVOSB concerns.

Award will be made utilizing Best Value procedures. Award is expected to be made to the offeror who provides the best value to the Department of Veteran Affairs.

Magnitude of this project is between $500,000 and $1,000,000.

Applicable NAICS code and Size Standard for this Acquisition is 236220 / $36.5M

Please provide a reference number for any additional documents provided in response to this solicitation, as well as current DUNS or CAGE code.

Wage Determination applicable to this solicitation is General Decision Number: CA 180001

* All Proposal shall be emailed to Sean Berrios (sean.berrios@va.gov).

Proposals are due on 14 September 2018 @ 1:00PM.

X 52.211-10 X 09-14-2018 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

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix

AZ

85014 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

Table of Contents

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

NRM PROJECT 664-18-323 "REMODEL PHARMACY COMPOUNDING AREA USP 797/800" (CONSTRUCTION). PROVIDE ALL MATERIAL, LABOR, EXPERTISE, AND SUPERVISION TO EXECUTE ALL WORK AS DETAILED IN THE ASSOCIATED ACQUISITION.

A.2 DELIVERY SCHEDULE

3350 La Jolla Village Drive San Diego, CA 92161

858-642-1219 tung.hoang@va.gov

Page 1 of

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C25818R0351

Page 1 of

Statement of Work Pharmacy Remodeling Design and Construction Construction Services 31 May 2017 San Diego, California VA Health Care System (664)

664-18-3-5046-0026

B.1 INTRODUCTION:

This requirement is for construction and design services to reconfigure the pharmacy. This project is referred to as Pharmacy Remodeling project #664-18-323 in the San Diego California VA Health Care System (SDVAHCS). This requirement is classified under construction as it calls for the alteration of real property.

B.2 BACKGROUND / DESCRIPTION OF WORK:

The Veterans Affairs Healthcare System located in San Diego, California (664) requires construction and design services to comply with the requirements of the VA directive for USP-797 and USP-800 by July 2018, the Pharmacy space must be reconfigured to conform with the space programming for Ante Rooms and Drug Storage. The space reconfiguration results in increasing size of the Ante Rooms and the new floor plan will provide better flow for the pharmacy operation.

The USP-797 and USP-800 have specific requirements for ventilation and environmental control for the Ante Room and Drug Storage. The requirements include but not limited to air-change rate, filtration, temperature control, space pressurization control, location of air inlet/outlet.

B.3 SPECIAL REQUIREMENTS:

Contractor shall furnish all labor, equipment, certification, supervision, and materials necessary to perform all operations in connections with this order. Contractor shall perform work in strict accordance with the General Specifications, Statement of Work, schedule, and all other supporting documents for this contract.

Due to the complexities of the project and lack of Record document for this area, contractor must perform field verification prior to submitting bidding package to demonstrate a complete knowledge of the existing conditions. Field verification report with details must be submitted as a part of the bid document for VA Engineering Department to review.

Contractor must demonstrate knowledge of USP-797 and their relevant experience.

Contractor must provide a list of projects of which they experienced with construction of Special Laboratories, BSL, USP-797 Clean Room, and/or similar.

B.4 SPECIFICATIONS

A. The VA Master Construction Specifications contain work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specifications must be used as the basis for project designs.

B. A complete list of these specifications can be viewed at the following website: http://www.cfm.va.gov. Specifications which address EOSH requirements include, but are not limited to, the following:

a. SECTION 01 00 00 – General Requirements

b. SECTION 01 57 19 – Temporary Environmental Controls

c. SECTION 01 74 19 – Construction Waste Management

d. SECTION 02 82 11 – Traditional Asbestos Abatement

e. SECTION 02 82 13.13 – Glovebag Asbestos Abatement

f. SECTION 02 82 13.19 – Asbestos Floor Tile and Mastic Abatement

g. SECTION 02 82 13.31 – Asbestos Transite Abatement

C. Trade specific specification to include, but are not limited to, the following:

h. ALL DIVISIONS

B.5 SPECIFIC REQUIREMENTS

A. Prior to construction, the contractor must submit a design concept in full-size drawings to VA Engineering Department for approval. This submittal must address:

a. Basis of the Design (BOD).

b. All Systems description and cut sheets

c. Space pressurization for all spaces that are in scope of this project and adjacent spaces to the project that may affect the project

d. Air-flow diagram

e. Air-Balancing Table to address all supply, return, exhaust air flow and pressure relationship with adjacent spaces.

f. Control Diagrams

g. Electrical Single-line Diagram to show all electrical panels that will be affected by this project

h. Structural calculation to support equipment installation on roof. Calculation must be signed and stamped by the licensed structural engineer in the state of California.

i. Identify all Point-of-Connections to the existing infrastructure including but not limited to the supply air system, return air system, exhaust air system, chilled water, heating hot water, louvers, mechanical shaft, Building Management System, electrical system, etc.

B. Provide a separate and complete and operable system for each of the following space:

a. Ante Room 3209A-1

b. Drug Storage 3209

c. Ante room 3214A-1

d. Drug Storage 3214

C. A complete and operable system in paragraph B above includes but not limited to:

a. Fast-action pressure independent air terminal box and controls.

b. Hot heating water coil with pressure-independent 2-way control valve and controls

c. Fan-Filtered Units (may have more than one unit) with HEPA filter and controls

d. Exhaust Fan with filtration unit that includes enclosure for Bag-In Bag-Out HEPA filter and pre-filter and controls

e. All galvanized duct and stainless-steel duct as required by the VA Technical Information Library

f. All equipment supports and duct supports and seismic restraints per current and applicable IBC and VA Guideline H-18-8

g. All electrical panels/sub-panels and all required new circuits include normal power and emergency power to support all new equipment.

h. All controls as required for new equipment. All new controls must be integrated into the campus existing Metasys. All controls work must include but not limited to pulling new conduits for new controls panel, control field devices, controls integration, mapping new controls points to the existing BMS, new NAE, etc.

D. Provide unidirectional laminar flow air diffusers for Ante Room 3209A-1 and 3214A-1

E. Provide 25 Air-change/hour (ACH) flow rate for room 3209 A-1 and room 3214 A-1. Provide 12 ACH flow rate for room 3209.

F. Balance air flow for room 3209A and room 3214A to obtain 35 ACH.

G. Reconfigure and modify existing supply air system to room 3209 to accommodate the new system design for Ante Room 3209A-1. The reconfiguration includes but not limited to demolition existing Fan-Filtered Unit and/or existing heating coil, terminal box, and associated ductwork and appurtenances. Provide new FFU and/or additional FFU and additional heating coil and all associated controls.

H. Provide low return/low exhaust grill for room 3209A-1 and 3214A-1

I. Remove existing exhaust duct and exhaust fans for the II-B2 BSC in room 3209A. Provide new individual stainless-steel exhaust duct and exhaust fan and complete controls for each BSC. The new exhaust duct shall connect the BSC with new exhaust fan on roof. Provide exhaust stack for these systems. The new exhaust stack shall extend above roof line by minimum of 10 feet and shall be able to provide 3,500 feet-per-minute velocity at discharge. New exhaust fans shall be provided with VFD.

J. Provide space pressurization control for room 3209A-1. The space pressurization control must include but not limited to alarm panels at entrance to the Clean rooms and entrance to Ante rooms, differential pressure sensors for room 3209A-1, 3209A, 3209, 3214A-1, 3214A, 3214. The pressurization control must be able to send the alarm signal to the Building Engineering via BMS and provide audible+visual alarm at the space entry to alert the pharmacy staffs. The space pressurization system must be able to automatically control the VFD on the exhaust fans and on the Fan-Filtered Units to maintain the set points. All system check points and failures must be sent to BMS for action. The contractor must provide the VASD Engineering Department a list of controls points for approval.

K. Provide a complete As-built drawing for the project in 2017 AutoCAD format.

L. Provide a complete TAB report

M. Provide a Commissioning report for the project

N. Work shall be performed during normal business hours.

O. Penetrations: All penetrations shall be properly sealed with the proper fire stopping.

P. Asbestos Environment: The interstitial and wall cavities contain asbestos materials. All workers shall be certified to work in asbestos environments. Proper PPE is required at all times. Contractor is to provide their own PPE. Contractor to provide a safety plan for this work.

a. All workers working around asbestos (non-abatement work) shall provide a current State of California Asbestos 16-Hour Operations & Maintenance Program training certificate.

b. All workers shall provide a 10 hour OSHA certified Construction Safety training certificates.

c. The Contractor shall have one competent person on site during all work activities.

d. The competent person shall provide a current State of California AHERA Accredited Asbestos Contractor Supervisor Course training certificate.

e. The competent person shall provide a 30 hour OSHA certified Construction Safety training certificate.

f. All contractors and subcontractors shall provide a current respirator fit test certificate.

g. The VASDMC General Conditions shall be followed at all times and are attached for review.

h. Proper asbestos containment protocol shall be followed at all times, VASDMC Asbestos Operations and Management Plan is attached for review.

i. The Contractor shall implement all requirements of VA Infection Control Risk Assessment (ICRA) and Interim Life Safety Management (ILSM), attached for review.

Q. Proper PPE is required at all times when working on electrical. Contractor is to provide their own PPE. Contractor to provide a safety plan for this work to include a copy of worker certifications, prior to any work.

a. Proper construction protocol shall be followed at all times.

b. The contractor superintendent and project manager shall be 30 hour OSHA certified, contractors must hold a 10 hour certification, and contractor must be certified to work in asbestos areas.

R. Contractor’s work and responsibility shall include all contractor planning, scheduling, programming, administration, and management necessary to provide all related services as required. The Contractor shall conduct the work in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, or VA directives. The contractor shall insure that all work provided meets, or exceeds the scope of work.

S. Before commencement of work, the contractor shall confer with the VA COR and agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for contractor employees; and the like. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.

T. The contactor shall comply with all EPA, OSHA, and local city and county regulations as well as Facility regulations.

U. The contractor shall take all precautions to ensure that no damage will result from his operations to private or public property. All damages shall be repaired or replaced by the contractor at no cost to the Government.

V. At the beginning of the project, contractors are required to register with VA police to obtain VA San Diego ID badges.

W. No Smoking is allowed at the VA Medical Center Campus with the exception of a designated area located at the North West corner of the campus.

X. The C&A requirements do not apply. Security Accreditation Package is not required.

B.6 CONFORMANCE STANDARDS:

A. All design and construction accomplished pursuant to this contract shall comply with the latest edition of the following documents unless the contractor is directed otherwise by the Contracting Officer. Any exceptions must be approved in writing by the Contracting Officer prior to construction startup.

a. VA Master Construction Specifications

· https://www.cfm.va.gov/til/spec.asp#01

b. VA Construction Standards

c. VA Seismic Design Handbook

d. VA Space Planning Criteria

e. VA Design Manuals

f. VA CADD Standards

g. NFPA 101, Life Safety Code

h. NFPA 70, National Electric Code

i. NFPA 99, Health Care Facilities

j. NFPA 12, Installation of Sprinkler Systems

k. Accessibility Standards (ADAAG, ABAAS, Barrier Free Design Guide)

l. AIA Guidelines for Construction and Equipment of Hospital and Medical Facilities

m. International Building Codes

n. State and Local codes and guidelines (as applicable)

B.7 HOURS OF COVERAGE:

A. Normal hours of operation are Monday through Friday from 7:30 am to 4:00 pm California time (no daylight savings). All work is expected to be performed generally during normal hours of coverage unless requested or approved by the COTR or his/her designee.

B. Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building. All work performed, to include delivery of materials and equipment, shall be made with minimal interference to Government operations and personnel.

C. Work performed outside the normal hours of coverage must be approved by the COTR or his/her designee.

D. Federal Holidays observed by SDVAHCS are:

B.8 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

A. The Contractor's FSEs shall wear visible identification issued by SDVAHCS Police Section at all times while on the premises of SDVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. SDVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at SDVAHCS. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

B.9 INFORMATION SECURITY:

A. In accordance with Appendix A, Handbook 6500.6 Checklist blocks 7, the C&A requirements do not apply to this requirement, and Security Accreditation Package is not required. The nature of this requirement is technical; however, there is no information to be protected.

B.10 OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS:

A. Access to worksite shall be coordinated through the Engineering Department located at:

San Diego VA Health Care System (664) 3350 La Jolla Village Drive San Diego, California 92161 Point of Contact – COR Hoang Tung (858) 642-1219

B.11 PERIOD OF PERFORMANCE:

A. Commencement of work shall begin within 10 days after receipt of written Notice to Proceed (NTP), and should last no longer than a duration of 150 days after date NTP is issued.

B. The project must be completed in phases as identified in attached Phasing Plan.

C. Phase 1 to be completed no later than 60 days after date NTP is issued.

B.12 SUBMITTALS:

A. Contractor shall submit all required material/shop drawing submittals to the Contracting Officer within 10 calendar days of award, or as agreed to by the Contracting Officer for approval. No materials shall be installed prior to approval.

B. All material submittals and shop drawings shall contain, and have the Project Title, Project Number, and Contract number clearly indicated.

C. Material submittals and shop drawings shall be checked and signed by the Contractors Quality Control Manager prior to submission to the Government.

D. Submittals shall be legible, and shall include all technical data needed to verify that the item meets requirements of listed specifications, and applicable codes.

B.13 COMMENCEMENT, COMPLETION, AND PAYMENT FOR WORK:

A. The Contractor shall be required to commence work required at the time specified on the Notice to Proceed (NTP), execute the work, and complete the entire work not later than the completion time specified on the NTP. The time stated for completion shall include final cleanup of the premises. At the government’s option, it may choose to specify a two-stage performance period. For example, separating material lead-time from construction days can considerably decrease the length of time occupied buildings are inconvenienced by construction.

B. Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for the Contractor employees; and the like. Delivery of materials and equipment shall be made with minimal interference to Government operations and personnel.

C. The Contractor will be paid monthly upon submission of proper invoices for work completed. If the performance period exceeds 30 days and a progress schedule (approved by the Government) has been submitted, partial payment(s) may be authorized. Final payment will be withheld until all discrepancies are corrected and as-built drawings are approved by the Government.

644-18-3-5046-0026 VA258-18-AP-1269

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SECTION C - CONTRACT CLAUSES

C.1 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: N/A email sean.berrios@va.gov.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of Provision) C.2 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

GENERAL CONDITIONS

4.1 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 150 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 . 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)

4.2 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)

4.3 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)

4.4 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. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

4.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of Clause)

4.6 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under…