36C25819B0023-001.docx

36C25819B0023

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 t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.

36C25819B0023 X 07-19-2019 605-19-416 00262 Department of Veterans Affairs Network Contracting Office 22-G E. Missouri AVe Suite 300 Phoenix AZ 85014 Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix AZ 85014 Gary W. Smith 602-795-4511 Contractor Provide all labor, materials, tools, equipment, engineering, supervision, and services to perform a Provide professional construction services for ICU 2SE Phase I project completion at the building at the Jerry L. Pettis Medical Center at the VA Loma Linda Healthcare System, 11201 Benton St., Loma Linda, CA 92357 as required by drawings and specifications.

NAIC

S code: 236220 Bid bonds are to be submitted on form SF24.

All awards are subject to availability of funds.

Cost range: $250,000 and $500,000

This procurement is 100% set aside for Service Disabled Veteran Owned Business (SDVOSB) in accordance with Public Law (PL) 109-461, 38 United States Code (USC) Section 8127. To be eligible to participate in this procurement, the Contractor shall be registered/enrolled in the following databases at the time of bid submission and award:

System for Award Management (SAM): www.sam.gov VetBiz : https://vip.vetbiz.gov - veri fication is also required.

VETS 4212 (

DoL ): www.dol.gov/vets/vets4212

One-time organized site visit is scheduled for July 30, 2019 at 11:00 a.m. local time @ Room No. MD05 at Loma Linda VA Health Care System.

All Requests for Information (RFI) for this solicitation must be received no later than 1:00 p.m. (local time), August 9 2019. All questions shall be in writing to the Contracting Officer with the subject line as follows:

C25819B0023 "ICU 2SE Phase I". Submission should be by email to gary.smith4@va.gov

The Contractor shall be responsible for the correct title classification of workers and compliance with a ll applicable wage and hour laws.

Contractors shall include their company's DUNS number in section 14 on page 2 of this Standard Form (SF) 1442.

X X 52.211-10 X one 1:00 p.m.

08-21-2019 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 p erformance 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 obli gations 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

Enter pricing for all bid items in bid schedule on following page as indicated.

Include the bid schedule with this SF 1442.

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 X Justin Hicks

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

STATEMENT OF BID ITEM(S)

1. ITEM I, GENERAL CONSTRUCTION: Provide professional construction services for ICU 2SE Phase I project completion at the building at the Jerry L. Pettis VA Medical Center Campus (LLVAMC), Loma Linda, CA.

Construction – 90 calendar days.

A: TOTAL BASE BID PRICE LABOR ONLY: _______________________________

TOTAL BASE BID PRICE MATERIALS ONLY: ___________________________

TOTAL BASE BID PRICE PROFIT ONLY: _______________________________

TOTAL BASE BID PRICE OVERHEAD ONLY: ___________________________

TOTAL BASE BID COMBINED: _________________________________________

36C25819B0023 Section B

Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

ICU CONSOLIDATION PHASE I PROJECT COMPLETION

SOW

PROJECT 605-331

1. SERVICES

a. Provide professional construction services for ICU 2SE Phase I project completion at the building at the Jerry L. Pettis VA Medical Center Campus (LLVAMC), Loma Linda, CA.

2. SCOPE

a. GENERAL:

i. Provide all labor and materials to install power to the medical gas alarm panel in the project and program.

ii. Provide all labor and materials to install power for fire damper in project and complete fire life safety device installation.

iii. Provide all labor and materials to remove doorway in corridor C2-86 and install new finishes to match existing.

iv. Provide all labor and materials to install egress requirements for C271 doors at corridor C291 and stairwell door in C288A waiting area.

v. Provide all labor and materials to install needed hardware for card reader access for doors 2D-18, 2D-21, & ST02-8. Work on this is 60% complete.

vi. Provide all labor and materials needed to install two exit signs. One of the two at C2-71 door and the second at the end of corridor C2-86 to show proper exit to the stair well.

vii. Provide all labor and materials to install two 2’x4’ light fixtures at new portion of existing corridor C2-71 (electrical has been installed, only light fixture and labor needed).

viii. Provide all labor and materials needed to install badge access for C283 & C288 for staff access.

ix. Provide all labor and materials needed to install an intercom system for visitors for patient access on SE and SW sides of the ICU to nurse stations for access.

x. Provide all labor and materials needed to reinstall the HVAC Exhaust fan filter assembly in Penthouse 7 for service access.

xi. Provide all labor and materials needed to modify the HVAC Vent in waiting area C288A. Verify VAV for adequate flow.

xii. Provide all labor and materials needed to replace the fire sprinkler in the C288A with recessed sprinkler head.

xiii. Provide all labor and materials needed to provide an enclosure around the ducting in 2D14.

xiv. Provide all labor and material to build an enclosure around the camera conduit in C288A.

xv. Provide all labor and materials to build a walled enclosure around the fire sprinkler drain valves and install a mop sink in reception area 2D29. (To include door, all plumbing, ceiling modification and signage).

xvi. Provide all labor and materials needed to add data ports in the Omnicell Alcove and readjust the lights.

xvii. Provide all labor and materials needed to install (5) additional needed data cables for Philips Stryker boom mounted equipment per room (14).

xviii. Provide all labor and materials needed to add a cabinet and light in 2D42.

xix. Provide all labor and materials needed to install remaining electrical and data for the nurse stations.

xx. Provide all labor and materials needed to verify the patient cameras are working.

xxi. Provide all labor and materials needed to verify the nurse call system in working properly.

xxii. Provide all labor and materials needed to refinish the door to service bay 8.

xxiii. Provide all labor and material to tint the windows in the waiting room C288A.

xxiv. Provide all labor and materials for fire alarm testing, TAB, MED Gas Certification and Commissioning.

xxv. Provide all labor and material for paint touch up and final cleaning for project turnover to the LLVA.

xxvi. Period of Performance (POP) is 90 Calendar Days.

3. JUSTIFICATION

a. For item 2.a.i: The electrical drawings did not show a power source for the new med gas panel. The work has been 90% completed. Med gas panel need to be tied into power source in reference to RFI 122.

b. For item 2.a.ii: In the contract drawings there was no power source specified in the electrical sheets for fire dampers in the project. The work has been 90% completed. The fire dampers need to be tied into a power source in the interstitial space.

c. For item 2.a.iii: The Construction drawings have a doorway in corridor C2-86 that serves no purpose. After VA review, it has been determined that it is to be demolished and the finishes are to match existing conditions.

d. For item 2.a.iv: VALL’s safety department pointed out that the project did not meet life safety egress requirements. A solution was found, and this work is needed to comply with the requirements. Refer to email “ICU 2SE - East Corridor Egress Requirements”.

e. For item 2.a.v: The construction drawings do not call out the proper hardware to accommodate fire ratings and card reader requirements of doors 2D-18 and 2D-21. Egress requirements were also added to door ST02-8 which requires hardware. This work is needed to maintain physical security, fire barriers, and egress requirements. Refer to RFI 140. This work is 60% complete and we are going to eliminate the remaining work that needs to be completed.

f. For item 2.a.vi: The construction drawings do not have exit sign to show egress into stairwell 8. Additional exit signs are needed to comply with life safety requirements. In new corridor area of C2-71.

g. For item 2.a.vii: The fixtures that were called out for, do not meet VALL’s standards nor do they match the rest of the project. The light fixtures need to be changed to match the rest of the project.

h. For item 2.a.viii: The construction drawings do not show badge access in C283 & C288 to patient areas. This needs to be added to prevent visitors from entering the area of patient care area without checking into the front desk.

i. For item 2.a.ix: The contract drawings do not show an intercom system from the reception area to nurse stations on South East and South West Sides of the ICU for visitor access. The Nurse stations and reception area need to be able to buzz open the doors for visitors accessing the ICU. This is also needed for after hours visits.

j. For item 2.a.x: The submittal drawings approved by the A&E for the exhaust fan do not accommodate the room for the filters being service. When the area is being serviced it is considered a hazmat situation. The housing on the exhaust fan needs to be able to accommodate a bag in bag out process.

k. For item 2.a.xi: The contract drawings have the HVAC vent in C288A which is not in a location for the cooling of the room. This vent needs to be moved to an area the is sufficient enough to cool the room and maintain a comfortable room temperature for patient visitors.

l. For item 2.a.xii: The contract drawings have a sprinkler the should have been recessed in the ceiling in C288A. This is needed for a safety hazard and the potential of being damaged with the low ceiling height in the corridor.

m. For item 2.a.xiii: The ducting that was installed in 2D14 needs to be enclosed. The installation was poor.

n. For item 2.a.xiv: In the waiting area in C288A there is an exposed conduit on the wall leading to a camera into stairwell No.8. This needs to be enclosed to prevent damage and tampering.

o. For item 2.a.xv: The construction drawings do not show a fire-suppression drain for the drain-valves. This is needed to safely purge the system when work or testing needs to be done on the fire sprinklers. This work is needed to build an enclosure with a drain for the system.

p. For item 2.a.xvi: The construction work that was done in the Alcove where the Omnicell’s are stored does not have data ports. Data ports need to be added for the Omnicell’s. The lighting in the Alcove will need to be adjusted for the storage of the Omnicell’s in the location.

q. For item 2.a.xvii: The construction drawings do not reflect what is needed for the booms’ data requirements. After coordination with Philips and Stryker, it was found that five (5) data cables were missing per room. A total of 70 cables are needed to supply Philips equipment on the Stryker booms. This work is needed for operation of a functioning ICU. Refer to email” ICU 2SE - Boom Data Requirements”.

r. For item 2.a.xviii: The Construction drawings did not show the needed elevations to install cabinets and countertops in room 2D42. A cabinet and light need to be installed for patient use.

s. For item 2.a.xix: The nurse call stations require electrical and data. Contractor is to verify that all connections are made and ready for service.

t. For item 2.a.xx: The patient cameras have been installed. Contractor needs to verify that all are working properly.

u. For item 2.a.xxi: The Nurse call system has been installed. Contractor needs to verify that they are working properly.

v. For item 2.a.xxii: The service bay door in the waiting room C288A needs to be refinished.

w. For item 2.a.xxiii: The waiting room has windows that are receiving direct sunlight. Having the windows will help with keeping the room cooler for visitors.

x. For item 2.a.xxiv: Contractor needs to have the fire alarm tested, TAB completed, Med gas certified and commissioned.

y. For item 2.a.xxv: Before turnover, the contractor needs to make sure area is clean and areas are touched up with the correct paint colors to match existing.

36C25819B0023 Section C

---- END ---

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SECTION E - INSPECTION AND ACCEPTANCE

E.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)

Page 1 of Page 1 of

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (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 182 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause) 36C25819B0023 Section F

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PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) ALTERNATE I (JUL 1995)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS must be placed in a weather resistant envelope.

(End of Clause)

I.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

I.3 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.

(End of Clause)

I.4 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

(a) The Contractor shall furnish to the resident engineer, for each workday, a consolidated report for the preceding workday. Reporting shall begin from date of mobilization until the date of final acceptance except for authorized holidays. VA Form 10101, Contractor Production Report, or a Contractor generated form containing the same type of information shall be signed, dated and submitted by the Contractor superintendent.

(b) Each report shall include and specifically identify at least one safety topic germane to the jobsite that day.

(End of Clause)

I.5 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

(a) Nothing contained in this contract shall be construed as creating any contractual relationship between any subcontractor and the Government. Divisions or sections of specifications are not intended to control the Contractor in dividing work among subcontractors, or to limit work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of his/her own employees, and of the subcontractors and their employees. The Contractor shall also be responsible for coordination of the work of the trades, subcontractors, and material suppliers.

(c) The Government or its representatives will not undertake to settle any differences between the Contractor and subcontractors or between subcontractors.

(d) The Government reserves the right to refuse to permit employment on the work, or require dismissal from the work, of any subcontractor or subcontractor employee who, by reason of previous unsatisfactory work on Department of Veterans Affairs projects or for any other reason, is considered by the Contracting Officer to be incompetent, careless, or otherwise objectionable.

(End of Clause)

I.6 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)

The clauses entitled “Changes” in FAR 52.243-4 and “Differing Site Conditions” in FAR 52.236-2 are supplemented as follows:

(a) Paragraphs (a)(1) through (a)(4) apply to proposed contract changes costing over $500,000.

(1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data are required under FAR Subpart 15.403, the cost or pricing data shall be submitted in accordance with FAR 15.403-5.

(2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit a proposal, which includes the information required by paragraph (a)(1), for cost of changes in work within 30 calendar days.

(3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (a)(1) or (a)(2) of this clause is not received within 30 calendar days or if agreement has not been reached.

(4) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change.

(b) Paragraphs (b)(1) through (b)(11) apply to proposed contract changes costing $500,000 or less:

(1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data or information other than cost or pricing data are required under FAR 15.403, the data shall be submitted in accordance with FAR 15.403-5. No itemized breakdown will be required for proposals amounting to less than $1,000.

(2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit within 30 calendar days, a proposal that includes the information required by paragraph (b)(1) for the cost of the changes in work.

(3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (b)(1) or (b)(2) of this clause is not received within 30 calendar days, or if agreement has not been reached.

(4) Allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and use of construction equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. Allowable percentages on changes will not exceed the following: 10 percent overhead and 10 percent profit on the first $20,000; 7-1/2 percent overhead and 7-1/2 percent profit on the next $30,000; 5 percent overhead and 5 percent profit on balance over $50,000. Profit shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs.

(5) The prime contractor's or upper-tier subcontractor's fee on work performed by lower-tier subcontractors will be based on the net increased cost to the prime contractor or upper-tier subcontractor, as applicable. Allowable fee on changes will not exceed the following: 10 percent fee on the first $20,000; 7-1/2 percent fee on the next $30,000; and 5 percent fee on balance over $50,000.

(6) Not more than four percentages, none of which exceed the percentages shown above, will be allowed regardless of the number of tiers of subcontractors.

(7) Where the contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work. The contractor's fee is limited to the net increase to contractor of subcontractors' portions cost computed in accordance herewith.

(8) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the contractor if he/she had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation.

(9) Cost of Federal Old Age Benefit (Social Security) tax and of Worker's Compensation and Public Liability insurance appertaining to changes are allowable. While no percentage will be allowed thereon for overhead or profit, prime contractor's fee will be allowed on such items in subcontractors' proposals.

(10) Overhead and contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made therefore. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the contractor's overhead and/or fee percentage.

(11) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change.

(End of Clause) I.7 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.8 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

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

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

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

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

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

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

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

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

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

(End of Provision)

I.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

I.10 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.11 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…