36C25819R0077-001.docx

36C25819R0077

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.

36C25819R0077 X 09-10-2019 605-19-4-6012-0120 605-19-100 36C258 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 Ronald B. Fantasia III

(602) 795-4237

Upgrade HVAC & Led Lining (LLVAMC)

This requirement calls for the upgrading of the HVAC and Led Lining in the procedure room at the Loma Linda VA Medical Center (LLVAMC) located in Loma Linda, California.

A sitewalk will be held on September 13th, 2019 @ 10:00AM AZ Time.

Request for Information (RFIs) will be submitted no later than September 16th, 2019 @ 10:00AM AZ Time Proposals will be due on September 24th, 2019 @ 10:00AM AZ Time.

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

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

This requirement is 100% set aside for SDVOSB concerns Magnitude of this project is between $100,000.00 and $250,000.00.

Applicable NAICS Code and Size Standard for this Acquisition is 236220 / $39.5 Million

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 the solicitation is General Decision Number: CA20190026

• All proposals shall be submitted via e-mail to ronald.fantasia@va.gov.

• Evaluation Factors for Award: PRICE ONLY

Send all RFIs and Proposals to Ron Fantasia at ronald.fantasia@va.gov Contact the COR, outlined in Section B10, for site walk details.

X X 52.211-10 X

12:00PM

09-24-2019 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 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.

X

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Make HVAC and led line GI procedure room.

A.4 DELIVERY SCHEDULE

1.00

Page 1 of

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work Upgrade HVAC & Led Lining Construction 15 May 2019 Loma Linda, California VA Health Care System (605) 605-19-100 605-19-4-6012-0120

B.1 INTRODUCTION:

This requirement is for construction services to upgrade the HVAC system in the Loma Linda VA Health Care System (LLVAHCS). 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 Loma Linda, California (605) requires construction services to upgrade the HVAC system and led lining of approximately 1,500 square feet of the GI Procedure room; which includes installation of CAV with reheat and humidity controls and to make safe for fluoroscopy use. requirement is being obtained without the aid of an A&E firm

B.3 CONSTRUCTION DOCUMENT:

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.

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 09 29 00 – Gypsum Board

e. SECTION 09 68 00 – Carpeting

f. SECTION 09 72 16 – Vinyl coated fabric wall covering

g. SECTION 09 84 33 – Sound absorbing wall units

h. SECTION 09 91 00 – Painting

B.5 SPECIFIC REQUIREMENTS

1. HVAC

A. Contractor shall perform a PRE-survey on air and water sources (∆P on heating hot water) to ensure the availability of sufficient flow to meet environmental demands. Example of issues present:

a. Discharge air sensor at 157 degrees.

b. Commanding the hot water valve to 100% does not increase the discharge air temp or the room temperature after several hours.

c. Exhaust flow to the dedicated and newly installed EF-1 is too low.

d. The Siemens BAS hot water valve doesn’t appear to be operating. The HW valve was manually opened and the HW coil immediately began heating up.

B. Contractor shall provide and install a new terminal unit (Titus is basis of design) capable of delivering the required 20 ACH (approx. 1700CFM) in both heating and cooling. The terminal unit shall be set up as a CONSTANT volume box and shall provide 85º air to space in heating mode at the full 20 ACH, with approx. airflow of 1700 CFM.

C. Provide and install humidistat in room to provide feedback to air handler in low humidity situations to enable steam humidifier at air handler.

D. Provide and install control system for HVAC that shall integrate seamlessly with existing air handler (Andover Controls is basis of design and current system) without the need for additional programming, hardware, or software. Graphics for this space on Andover front end shall correctly display the floorplan and all dynamic control points as follows:

a. SA Temp

b. SA Flow

c. Damper position

d. Hot water valve position

e. Room temp

f. Room humidity

g. Room pressure monitor

E. Contractor shall program controls so that the space is positive in relation to all adjoining spaces by providing more supply air than exhaust air to a minimum of .01” WC ∆ pressure across thresholds. Alarms for conditions outside normal parameters for pressure, ACH, and humidity shall be indicated on Andover front end both visually and audibly.

F. Provide and install a direct drive exhaust fan (Greenheck basis of design) with VFD (ABB basis of design to match existing) tied to room pressure monitor such that the drive will respond to pressure inputs from monitor to maintain a constant .01” WC positive differential between the procedure room and adjoining spaces. (I.e. ante room)

G. Provide TAB data of beginning and final readings for both airflow and water.

H. Contractor shall be responsible for removing the old terminal unit and associated ducting in the interstitial space.

2. Carpentry A. Demolish approximately 1500 sqft of 5/8” sheetrock and approx. 750 sf Acrovyn wall protection on the interior walls of the GI procedure room.

B. Seal electrical J boxes and other similar type penetrations to protect against radiation bleed.

C. On the east wall (adjacent to sleep room) south wall, and west wall (adjacent to corridor) install 2#/sq ft lead = 1/32” lead per radiation shielding design performed by Physicist:

D. Add sheetrock (or lead lined sheetrock) per NCRP 147.

E. Demo approx. 490 sf of existing sheet vinyl flooring with integrated cove base, replace with Stonhard epoxy resin floor with 6” integrated cove base.

F. Install new Acrovyn wall protection with edge strips and top band at 48” AFF.

G. Restore finishes per LLVAMC finish standards.

H. Install additional 1.5” plate glass in the south wall hand wash station.

I. Replace existing Acrovyn doors with led lined.

J. Upon completion, contractor shall employ another Medical Physicist to perform a Shielding Evaluation to ensure compliance with State and Federal regulations. Suggested source:

3. ELECTRICAL

A. Remove electrical outlet cover plates, save for reinstallation. Contractor shall mark cover plate locations in order to replace in exact placement (cover plates are engraved with circuit numbers). Expand Lenel card reader access head end in SB and connect PIV card reader on corridor door. LLVAMC has a maintenance contract with Security Solutions and they are the recommended vendor. Install and program 1 ea Ascom staff duty station inside procedure room and install 2 ea dome lights (Ascom Telligence system C600) on the outside of both access doors to ante room, to include all conduit and gang boxes. Install/calibrate/certify Line Isolation Monitor (LIM) on existing electrical panel in the room. Basis of design for LIM is Bender LIM2010.

4. ENVIRONMENTAL/OCCUPATIONAL SAFETY AND HEALTH (EOSH)

A. All General Contractor submissions for project shall contain language that addresses all applicable EOSH requirements.

B. Prior to commencing work, the general contractor shall provide proof that an OSHA certified “competent person” (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present.

C. Prior to the commencement of work, the general contractor shall conduct a site walk with the VA COR and VA Interior Designer.

a. The general contractor shall establish and maintain a fire protection program in accordance with 29 CFR 1926.

b. The general contractor shall implement and maintain a dust control program.

c. Contractor will provide all documentation per Specifications and validated by the submittal registry to the COR prior to work.

5. Other A. Contractor will make site visits as necessary to survey existing conditions.

B. Make site visits as required to determine existing as-built conditions affecting this project.

C. Information including drawings and other documentation provided to the general contractor is used as reference only. All additional references and specifications are available in VHA’s Technical Information Library at address http://www.cfm.va.gov. AutoCAD background drawings will be provided by the VA upon request.

D. The general contractor shall field verify all dimensions. Coordinate site visits with the COR.

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 COR 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 COR or his/her designee.

D. Federal Holidays observed by LLVAHCS are:

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

A. The Contractor's FSEs shall wear visible identification issued by LLVAHCS Police Section at all times while on the premises of LLVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the LLVAHCS Police Section. LLVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at LLVAHCS. 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. All employees of the general contractor and subcontractors shall comply with the VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

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 POINTS OF CONTACT AND PHYSICAL LOCATION:

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

Loma Linda VA Health Care System (649) 11201 Benton Street Loma Linda, CA 92357-1000 Point of Contact – COR Keith Stout 909-825-7084

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 45 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.

B.14 MODIFICATIONS:

A. Modifications for this project must be submitted to the assigned COR who will then submit a formal request to the Contracting Officer (CO). New work is not allowed to commence unless it is signed by both parties via a Standard Form (SF) 30 modification.

36C25819R0077

Page 1 of Page 1 of

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: (602) 795-1561.

(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 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision) C.3 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 45 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)

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

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

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

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

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

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

(3) For long-term contracts—

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

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

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

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

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

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

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

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

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

(End of Clause)

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

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

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

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

(End of Clause)

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

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

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

(End of Clause)

C.7 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:

No items exempted

(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 paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Item 1:

Foreign Construction Material

Domestic Construction Material

Item 2:

Foreign Construction Material

Domestic Construction Material

[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)

C.8 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)

C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause) C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the…