36C25820B0008-023.docx

36C25820B0008 Section M

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C25820B0008 X 691-20-1-5158-0003 Purchase Order No.: TBD

691A4-18-101SM

00262 Department of Veterans Affairs Network Contracting Office 22- Gilbert 777 E. Missouri Ave Suite 300 Phoenix AZ 85014 See Block 7

Edeltraud.Arellano@va.gov 6027954509 THIS IFB No: 36C25820B0008 SOLICITAION FOR: #36C25820B0008, Building Demolition Sepulveda VA Medical Center located in North H i lls, California.

Vendor shall Provide all labor, skill, equipment and material for work as stated in Statement of Work (SOW).

NAICS code: 236220 Bid bonds are to be submitted on form SF24.Cost range: $1,000,000 - $2,000,000 IAW VAAR 836.204(f)(1)

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.

A one (1) time organized site visit shall be held on Monday April 6, 2020 at 10:00 a.m.

PST

time @ Sepulveda Ambulatory Care Center 16111 Plummer Street Building 1 (Main Entrance) Sepulveda, CA 91343-2036.

All Requests for Information (RFI) for this solicitation must be received no later than 1:00 p.m. (

PST

April 14, 2020. All questions shall be in writing to theContracting with the subject line as follows:

"36C25820B0008" Project #691A4-18-101SM Sepulveda BuildingDemo, Submission shall be by email: Edeltraud.Arellano@va.gov

Bid Opening: Monday April 20, 2:00 p.m. (

PST

), see IFB

Instructions to all bidders for further detail

The Contractor shall be responsible for the correct title classification of workers and compliance with all 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

2:00 PM

04-20-2020 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

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-Gilbert 777 E. Missouri Ave.

Suite 300 Phoenix AZ 85014 Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 X Justin D. Hicks

VA-VHA-SAOW-2019-CE1D3AB6

Table of Contents

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SF 1442 box #17 continued:

STATEMENT OF BID ITEM(S)

This requirement is for the contractor to completely prepare sites for demolition and furnish labor and materials and perform work for Demolition Quarters Sepulveda (60, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, and T-2) as required by Drawings and Specifications.

All employees of General Contractor and subcontractors shall comply with VA security management program and obtain permission of the VA police, be identified by project and employer, and restricted from unauthorized access.

Prior to commencing work, General Contractor shall provide proof that an OSHA certified “Competent Person” (29 CFR 1926.20(b)(2) with a minimum of 30 hours OSHA training will maintain a presence at the work site whenever the General or subcontractors are present. Beginning July 31, 2005, all employees of General Contractor or subcontractors shall have the 10-hour OSHA certified Construction Safety course and/or other relevant competency training, as determined by Competent Person with input from the Infection Control Risk Assessment Team. Submit training records of all such employees for approval before the start of work.

General Requirements:

MAIN BID ITEM, GENERAL DEMOLITION: Work includes complete demolition and removal of existing structures as noted on the architectural drawings, leveling and landscaping of the demolition sites to blend into the surrounding areas. Buildings included in the Main Bid Item are: 60, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, and T-2.

DEDUCTIVE BID ALTERNATE 1: Where site flatwork (Concrete/Asphalt) will remain, all associated grading, backfill, irrigation and landscaping in those areas only shall be deducted from the scope of work as part of Deductive Bid Alternate #1.

DEDUCTIVE BID ALTERNATE 2: In addition to the Deductive work described in Alternate #1, Deduct Alternate #2 includes the demolition of all applicable buildings, except for the concrete slabs/foundations which shall remain. Where slabs remain, all associated grading, backfill, irrigation and landscaping in those areas shall be deducted from the scope of work as part of Deducted Bid Alternate #2.

Bidders must quote a price for each bid item.

A. ITEM 1 Provide as for Requirement Contract completion time shall be: a. Construction 90 calendar days.

B. ITEM 2, ALTERNATE NO 1. Provide as for Requirement 1, except omit “Where site flatwork (Concrete/Asphalt) will remain, all associated grading, backfill, irrigation and landscaping in those areas only shall be deducted.

Contract completion time shall be: a. Construction 90 calendar days.

C. ITEM 3, ALTERNATE NO.2: Same as ITEM B, except In addition to the Deductive work described in Alternate #1, Deduct Alternate #2 includes the demolition of all applicable buildings, except for the concrete slabs/foundations which shall remain. Where slabs remain, all associated grading, backfill, irrigation and landscaping in those areas shall be deducted from the scope of work Contract completion time shall be: a. 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: _________________________________________

B: ALTERNATE 1 - TOTAL BID PRICE LABOR ONLY: _______________________________

TOTAL BID PRICE MATERIALS ONLY: ___________________________

TOTAL BID PRICE PROFIT ONLY: _______________________________

TOTAL BID PRICE OVERHEAD ONLY: ___________________________

TOTAL BID COMBINED: _________________________________________

C: ALTERNATE 2 - TOTAL BID PRICE LABOR ONLY: _______________________________

TOTAL BID PRICE MATERIALS ONLY: ___________________________

TOTAL BID PRICE PROFIT ONLY: _______________________________

TOTAL BID PRICE OVERHEAD ONLY: ___________________________

TOTAL BID COMBINED: _________________________________________

SPECIAL NOTICE

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting proposals directly to the Department of Veterans Affairs through Beta.Sam.Gov.

A bid guarantee (on standard form SF 24) is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the response due date, will require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) Part 28.101-4, and may be cause for rejection even then.

If the contract will exceed $150,000 (see FAR Part 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two (2) bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification.

If the contract will not exceed $150,000, the bidder to whom award is made will be required to furnish a payment protection in the penal sum and type as noted in the General Conditions of the Specification.

PAST PERFORMANCE

During contract administration, the Government shall prepare and submit assessments on contractor performance for contracts and orders in excess of the simplified acquisition threshold ($700,000 or more for construction; $35,000 or more for architect-engineer (A/E) service contracts) (see FAR Subpart 42.1502) by electronic submission to Contractor Performance Assessment Reporting System (CPARS), which automatically transmits the information to Past Performance Information Retrieval System (PPIRS).

VA ACQUISITION REGULATION (VAAR) 804.1102

VENDOR INFORMATION PAGES (VIP) DATABASE

Prior to January 1, 2012, all VOSBs and SDVOSBs must be listed in the VIP database, available at http://www.VetBiz.gov, and also must be registered in the Central Contractor Registration (CCR) (see 48 CFR subpart 4.11) to receive contract awards under VA’s Veteran-owned Small Business prime contracting and subcontracting opportunities program. After December 31, 2011, all VOSBs, including SDVOSBs, must be listed as verified in the VIP database, and also must be registered in the System for Award Management (SAM) to be eligible to participate in order to receive new contract awards under this program.

VAAR 819.7003 ELIGIBILITY

(a) Eligibility of SDVOSBs and VOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs and VOSBs.

(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a—

(1) SDVOSB concern or VOSB concern;

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Verified for eligibility in the VIP database.

(c) A joint venture may be considered an SDVOSB or VOSB concern if

(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.

(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.

DESCRIPTION OF WORK:

Cost Range: $1,000,000 and $2,000,000

36C25820B0008 Section C

Page 1 of Page 1 of

1. PROJECT DESCRIPTION:

0. Contractor shall completely prepare site for demolition and removal of existing structures, and furnish labor and materials and perform work for Demolition of Buildings included in the Main Bid Item are: 60, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, and T-2.

0. Demolition located at the Sepulveda Ambulatory Care Center at 16111 Plummer Street Sepulveda, CA 91343-2036 as required by drawings and specifications.

1. PROJECT LOCATION:

Sepulveda Ambulatory Care Center 16111 Plummer Street Sepulveda, CA 91343-2036

1. CONTRACT SPECIALIST:

Edeltraud Arellano Email – Edeltraud.Arellano@va.gov

1. TYPE OF CONTRACT: Firm Fixed Price

1. ESTIMATED COST RANGE: Between $1,000,000 and $2,000,000. (In accordance with (IAW) VAAR 836.204(f))

1. DESIGN: This project includes a package of drawings with specifications.

1. ESTIMATED COMPLETION TIME: 90 (Ninety) Calendar Days

1. PRE-BID CONFERENCE AND SITE VISIT: An organized pre-bid conference and site visit will be conducted on: Monday April 6, 2020 @ 10am PST at the Sepulveda Ambulatory Care Center 16111 Plummer Street Building 1 (Main Entrance) Sepulveda, CA 91343-2036. Attendance is not mandatory, however, all interested bidders are strongly encouraged to attend. No other site visits shall be scheduled.

8. BID CONTENTS:

a. Standard Form 1442. (Box 14-20 completed and signed acknowledging all amendments).

b. Bid Guarantee/Bond (using SF24).

c. Contractor’s License - All Bidders shall submit, issued to the SDVOSB Prime, a current copy of their General Contractor’s License, or for those States that do not issue a General Contractor’s License, a State issued construction license that pertains to the remodeling or renovation of a building structure.

d. Safety or Environmental violations and Experience Modification Rate (EMR) - All Bidders shall include with their Bid, past Safety and Environment record and current Experience Modification Rate. See paragraph 23.

e. VETS-4212, Federal Contractor Veterans’ Employment Report. See paragraph 21.

9. BID DUE DATE:

Submit One (1) original hardcopy of Bid Contents no later than Thursday April 20, 2020 2:00 p.m. (AZ time). Location:

Department of Veteran Affairs ATTN: Edeltraud Arellano 777 E. Missouri Ave, Suite 300, 3rd Floor Conference Room Phoenix, AZ 85014 *All bids must be received in a sealed package.

**Bids received after the time and date specified above, shall be rejected as late.

10. PUBLIC BID OPENING:

Will be held on Thursday April 20, 2020 2:00 p.m. (PST) Location: Department of Veteran Affairs 777 E. Missouri Ave, Suite 300 3rd Floor Conference Room Phoenix, AZ 85014

11. OFFER GUARANTEE (BID BOND):

An offer guarantee is required. Per FAR Clause 52.228-1 – Bid Guarantee – paragraph (c), the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

12. PAYMENT AND PERFORMANCE BONDS:

If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the solicitation.

13. DAVIS BACON WAGE RATE

Compliance to Labor Standards Provisions and Bid Davis Bacon Wage Rate Determinations for Los Angeles County is required.

14. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

The North American Industry Classification System (NAICS) Code for this procurement is 236220.

15. BUY AMERICAN ACT:

VA does not anticipate accepting an offer that includes foreign construction material. More info about this can be found under the following provisions and clauses: FAR 52.225-9, 52.225-10.

16. REQUEST FOR INFORMATION:

All Requests for Information (RFIs) regarding this IFB must be received no later than Tuesday, 1:00 p.m. (PST), April 14, 2020 via e-mail to Edeltraud.Arellano@va.gov , to allow a reply to reach all prospective bidders before the submission of their bids. Responses to questions will be posted as an amendment to the solicitation and the government reserves the right to consolidate questions and responses.

17. Amendments to the solicitation must be acknowledged in the space provided in Block 19 of the SF1442 or by returning a signed copy of the amendment with the bid on the bid due date.

18. Bidders are strongly cautioned to check the Federal Contract Opportunities https://beta.sam.gov/search?index=opp website frequently and to “refresh” their web page to ensure they have the latest information.

19. This solicitation requires registration with the System for Award Management (SAM) pursuant to applicable regulations and guidelines. All must also complete an electronic annual representations and certifications (formerly ORCA). Registration information can be found at www.sam.gov.

20. Bidders are required to provide confirmation of their submission of the annual form VETS-4212, Federal Contractor Veterans’ Employment Report. http://www.dol.gov/vets/vets100verification.htm).

21. This solicitation is 100% Set-Aside for Service-Disabled Veteran Owned Small Business (SDVOSB). Public Law 109-461, 38 USC Sec. 8127 provides SDVOSB and VOSB Set Aside authority to the VA. Businesses must be registered and verified in the VIP database at Vendor Information Pages (VetBiz).

22. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EMR

a. All Bidders shall submit information pertaining to their past Safety and Environmental record. The information will be reviewed such that the bidder has no more than three (3) serious, or one (1) repeat or one (1) willful Occupational Safety and Health Administration (OSHA) or any Environmental Protection Agency (EPA) violation(s) in the past three (3) years.

b. All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

c. All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

d. Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

e. A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the Occupational safety and Health Association (OSHA) and Environmental Protection Agency (EPA) online inspection history databases will be used, in part, to make the Determination of Responsibility. Failure to affirm being within the guidelines above will result in a determination of “Non-Responsibility” for the bidder. Failure to submit this information will result in a determination of “Non-Responsive” for the bidder. Note: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder ineligible for award.

f. This requirement is applicable to all subcontracting tiers, and prospective prime Contractors are responsible for determining the responsibility of their prospective subcontractors.

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)

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 90 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

36C25820B0008 Section E (End of Clause)

SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there is NO data in this Section] 36C25820B0008 Section G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

[For this Solicitation, there are NO special requirements in this Section]

36C25820B0008 Section H

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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 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.7 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 Clause) I.8 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

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

(i) Past performance reviews required by subpart 42.15;

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

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

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

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

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

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

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

(End of Clause)

I.9 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…