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This solicitation is for construction services to prepare a site for a pharmacy sterile compounding trailer at a Veterans Affairs medical center. The work includes providing all labor, materials, and utilities required. The requirement is classified as construction since it involves altering real property. The solicitation is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses. The period of performance is 90 calendar days after notice to proceed. Bids are due by July 30, 2020 and must include pricing for material, labor, overhead, profit, and a grand total. The Department of Veterans Affairs is the contracting agency.

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Other files

File Type Posted
11. DBA Wage Determination CA20200022 - 08-07-2020 .pdf PDF
15. 600-19-117 (Pharmacy Trailer)_Specs_Addendum 1.pdf PDF
17. Cable Instal Label Test SOP 07-013 Ver. 2.pdf PDF
13. 000110 - Specs TOC_Addendum 1 .pdf PDF
19. 600-19-117 (Trailer Site Prep) RFI Log Trailer_2020818.docx DOCX document
14. 600-19-117 (Pharmacy Trailer)_Plans_Addendum 1.pdf PDF
16. Hirsch_TS_ScramblePad_Reader_Family_DS.pdf PDF
36C25820B0014 0002.docx DOCX document
18. Site Visit Sign-In Sheet - 600-19-117 - 36C25820B0014 - Trailer Prep Site.pdf PDF
36C25820B0014 0001.docx DOCX document
IFB - 36C25820B0014 - Trailer Prep Site .docx DOCX document
10 - Meeting Minutes Fillable.pdf PDF
12 - VHA STANDARDIZED VENDOR FILE PROCEDURE.docx DOCX document
7. IMS SOP 07-013 Cable Installation Labeling and Testing Ver. 2.pdf PDF
5. VALBMC - Above The Ceiling Permit.pdf PDF
8. Excavation Permit.pdf PDF
2. 600-19-117 Plans & Designs.pdf PDF
1. 600-19-117 Specs.pdf PDF
9. Utility and Service Impact Permit Form (USIP 600-148-R2)-07.10.2020.pdf PDF
11 - DBA Wage Determination CA20200022 - 07-10-2020 .pdf PDF
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36C25820B0014

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.

X

07-14-2020

TBD

600-20-2-5140-0040

600-19-117 Y

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014 Y

Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix AZ 85014 Dena Hallaren 602-795-4527 Construction - Project #600-19-117 – Trailer Site Preparation for Pharmacy Sterile at the Long Beach VAMC, in Long Beach, CA.

Reference the Following Interested Items along with all Clauses, Provisions and Instructions.

Section A: Price/Cost Schedule Section B: SOW Section D: Design, Specs and All Other Attachments for Bid content.

Section E: Instructions, Conditions and Other Statements to Bidders - To include the following:

- Details for Site Visit, RFI's, Bid Contents, Bid Due Date, Bid Opening, Bonding, NAICS, Magnitude, etc.

Bid amount shall list at a minimum Material cost, Labor cost, Overhead, Profit and list in a separate line a Grand Total. This information is required and will be used for possible future modifications.

The bids will be evaluated based on the Grand Total amount only.

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

This requirement is 100% set aside for SDVOSB concerns.

x X

52.211-10 X

1pm 08-13-2020 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

600-3600162-5923-854200-3223 23NRNR000

NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

This is accomplished through the Tungsten Network located at:

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

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 PRICE/COST SCHEDULE5
ITEM INFORMATION5
A.4 DELIVERY SCHEDULE5
SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK6
SECTION C - CONTRACT CLAUSES14
C.1 52.216-1 TYPE OF CONTRACT (APR 1984)14
C.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)14
C.3 52.228-1 BID GUARANTEE (SEP 1996)15
C.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)15
C.5 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)16
C.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)16
C.7 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)22
C.8 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)22
C.9 52.233-2 SERVICE OF PROTEST (SEP 2006)23
C.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)24
C.11 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)25
C.12 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)27
C.13 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)31
C.14 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)31
C.15 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)34
C.16 SUPPLEMENTAL INSURANCE REQUIREMENTS37
C.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)38
C.18 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE II (APR 1984)40
C.19 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)42
C.20 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)44
C.21 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)45
C.22 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)45
C.23 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)46
C.24 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)47
C.25 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)47
C.26 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (APR 2019)48
C.27 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)48
C.28 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)50
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS51
D.1 LIST OF ATTACHMENTS51
SECTION E - SOLICITATION PROVISIONS53
E.1 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)53
E.2 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)53
E.3 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)54

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB
__________________
__________________

CONSTRUCTION SERVICES FOR PROJECT #600-19-117 TRAILER SITE PREPARATION FOR PHARMACY STERILE COMPOUNDING - BUILDING 164 AT THE VA LONG BEACH HCS.

PER ATTACHED STATEMENT OF WORK, DESIGN, SPECS AND ALL OTHER DOCUMENTS INCLUDED.

******Bid amount SHALL list Material cost, Labor cost, Overhead, Profit and in a separate line the Grand Total.*** Material Cost: $_______________ Labor Cost: $__________________ Overhead: $___________________ Profit: $________________________

GRAND TOTAL
__________________

A.4 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Long Beach VA Healthcare System

5901 E. 7th Street

BLDG 164

Long Beach, CA 90822 5201

USA

1.00
90 Calendar Days after NTP
MARK FOR:
COR - TBA

Office: 562-826-8000 ext

Page 1 of

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C25820B0014

Page 1 of Page 1 of

B. STATEMENT OF WORK

Statement of Work Trailer Site Preparation for Pharmacy Sterile Compounding - Building 164 - Construction Services Project Number 600-19-117 VA Long Beach Health Care System (VALBHCS - 600)

B.1 INTRODUCTION:

This requirement is for construction services to provide all labor and materials necessary to prepare the site including all required utilities for the pharmacy sterile compounding trailer at Building 164 at VA Long Beach Healthcare System. (VALBHCS). This requirement is classified under construction as it calls for the alteration of real property.

B.2 BACKGROUND / DESCRIPTION OF WORK:

A. The Veterans Affairs Healthcare System located in Long Beach, California (600) requires construction services to perform site preparation for pharmacy trailer. This project was designed by MA Architects, Inc.

B.3 CONSTRUCTION DOCUMENT:

A. 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 to include, but not limited to the following documents:

1. Refer to SECTION D of Solicitation for attachments.

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 shall be used as the basis for project designs.

1. Refer to SECTION D of Solicitation for attachments.

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

1. SECTION 00 01 15 – List of Drawing Sheets

2. SECTION 01 00 00 – General Requirements

3. SECTION 01 33 23 – Shop Drawings, Product Data, and Samples

4. SECTION 01 35 26 – Safety Requirements

5. SECTION 01 74 19 – Construction Waste Management

6. SECTION 01 91 00 – General Commissioning Requirements

7. SECTION 01 45 29 – Testing Laboratory Service

8. SECTION 02 41 00 - Demolition

9. SECTION 03 30 53 – (Short-Form) Cast-in-Place Concrete

10. SECTION 05 12 34 – Structural Steel For Fencing

11. SECTION 22 05 11 – Common Work Results for Plumbing

12. SECTION 26 05 11 – Requirements for Electrical Installations

13. SECTION 26 05 19 – Low Voltage Electrical Power Conductors and Cables

14. SECTION 26 05 26 – Grounding and Bonding for Electrical Systems

15. SECTION 26 05 33 – Raceway and Boxes for Electrical Systems

16. SECTION 26 05 73 – Overcurrent Protective Device Coordination Study

17. SECTION 26 08 00 – Commissioning of Electrical Systems

18. SECTION 26 22 00 – Low Voltage Transformers

19. SECTION 26 27 26 – Wiring Devices

20. SECTION 28 13 16 – Physical Access Control System and Database Management

21. SECTION 31 20 00 – Earthwork

22. SECTION 32 05 23 – Cement and Concrete for Exterior Improvements

23. SECTION 32 12 16 – Asphalt Paving

24. VA Long Beach Healthcare System Infection Control Risk Assessment

25. VA Long Beach Healthcare System Interim Life Safety Measures

B.5 SPECIFIC REQUIREMENTS:

A. Contractor shall review and adhere to the attached design and specification documents along with inspecting existing site conditions prior to starting construction.

B. All testing and commissioning for this project shall be done and paid for by contractor.

C. The contractor shall hire a subcontractor, whose supervisory archeological personnel will coordinate with native American tribes to ensure that no excavation deeper than 4 inches below the current surface will occur without the presence of a Native American monitor.

D. Shall install eight feet (8’) high construction chain link fence with green fabric and safety signs around excavated areas and staging areas.

E. LBVAHCS cannot guarantee but will make every effort to provide staging area for materials storage.

F. Contractor shall comply with OSHA Regulations and LBVAHCS policy and regulations including the following but not limited to Infection Control Risk Assessment (ICRA), Interim Life Safety Measures (ILSM), excavation permit, above ceiling work permit, hot work permit, energized work permit, crane permit, utility system maintenance advisory, etc…Refer to SECTION D of Solicitation for attachments.

G. Majority of work performed will be outside the facility. But due to installation of communication and utility lines, some work will be performed inside the Pharmacy and Emergency Department area to join the lines. Contractor’s shall NOT touch, move or shift any LBVAHCS documents and/or Government equipment. Coordinate with COR if Government property is impeding on contractor work. Contractors shall stay inside designated project area. Refer to Design Attachment in Section D.

H. Contractor shall cleanup all project areas at the end of every workday.

I. Contractor shall submit valid TB test results within 90 calendar days prior to start of work for all workers, valid 10-hour OSHA safety training for all workers and 30 hours OSHA safety training for Superintendent and project manager for VA approval, prior to starting construction work. Contractor personnel shall attend VA provided 30-minute safety orientation training and obtain security badges before starting construction work.

J. All shutdowns shall be carried out after hours or on weekends to minimize disruptions to the VA operations.

K. All shutdowns requests shall be submitted to COR at least two weeks in advance of the shutdown date for proper preparation and approval.

L. Contractor shall submit, Invoices to Contracting Officer Representative (COR) on VA forms prior to submitting to Tungsten.

M. Contractor shall verify that Sub-Contractor’s technical submittals, manufacturers’ cut sheets and shop drawings comply with VA construction documents, before submitting for VA and COR review and approval.

N. All workers shall be required to follow CDC guidance and social distancing guidelines with regard to COVID-19 prevention. Workers shall be required to wear masks (except for medical reasons and must obtain prior approval) at the contractor’s own expense while on campus. Workers are also required to obtain the daily wristband from one of VALBHCS screening stations on campus before start of work.

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 shall be approved in writing by the Contracting Officer prior to construction startup.

1. VA Master Construction Specifications – VA Technical Information Library link: https://www.cfm.va.gov/til/spec.asp#01

2. VA Construction Standards

3. VA Seismic Design Handbook

4. VA Space Planning Criteria

5. VA Design Manuals

6. VA CADD Standards

7. NFPA 101, Life Safety Code

8. NFPA 70, National Electric Code

9. NFPA 99, Health Care Facilities

10. NFPA 12, Installation of Sprinkler Systems

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

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

13. International Building Codes

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

B.7 HOURS OF COVERAGE:

A. Normal hours of operation are Monday through Friday from 6:00 am to 4:00 pm PST time. Most 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 shall be approved by the COR or his/her designee.

D. Federal Holidays observed by Veterans Health Administration are:

1. Federal Holidays are as follows:

New Years' DayLabor Day
Martin Luther King DayColumbus Day
Presidents' DayVeterans' Day
Memorial DayThanksgiving Day
Independence DayChristmas Day

2. For actual dates observed, see the following link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

B.8 IDENTIFICATION, PARKING, NO SMOKING, AND VA REGULATIONS:

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

B.9 INFORMATION SECURITY:

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

B.10 POINTS OF CONTACT AND PHYSICAL LOCATION:

A. Access to worksite shall be coordinated through:

1. Point of Contact – COR TBD

2. LONG BEACH VA HEALTH CARE SYSTEM (LBVAHCS):

5901 East 7th Street, Long Beach, CA 90822 Bldg 164

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 90 continuous calendar 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. Shop drawings shall be stamped and approved by the appropriate Architect/Engineer who are licensed/registered in the state of California.

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.

E. Contractors shall utilize Material Approval Submittal for use as cover sheet when submitting to Government for approval. Forms shall be provided to contractor at post-award, pre-construction conference

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 shall be paid 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 shall be withheld until all discrepancies are corrected and as-built drawings are approved by the Government.

D. The contractor shall attend weekly progress meetings with the COR and/or Contracting Officer to discuss at a minimum; progression of work, projected progress versus actual progress, action items due from the contractor, action items due from the government, and any other significant issues that require attention. The contractor also shall document the meeting minutes and forward a signed copy to the COR for concurrence of the documentation. Copies of all minutes shall be forwarded to the Contracting Officer. In the event of any discrepancies the Contracting Officer shall be notified immediately for clarification. Contractor shall use the Meeting Minutes form provided for use at the post-award, pre-construction conference.

B.14 MODIFICATIONS:

A. Modifications for this project shall be submitted to the assigned COR who shall then submit a formal request to the Contracting Officer (CO). Work, time, cost or scope changes are not allowed to commence prior to Contracting Officer’s signed and written approval via fully executed Standard Form (SF) 30 modification.

B.15 ACRONYMS:

A. ABAAS - Architectural Barriers Act Accessibility Standard B. ADAAG - Americans with Disabilities Act Accessibility Guidelines.

C. AIA - American Institute of Architects' AIA D. CAC - Certified Asbestos Consultant E. CADD - Computer Aided Design and Drawing F. CDC – Center for Disease Controls and Prevention G. CO - Contracting Officer. The Federal employee who is warranted by the Government to enter into contracts on behalf of the Government and is the only person authorized to make changes to those contracts H. COR - Contracting Officer's Representative. Individual designated by the CO to place orders, furnish technical guidance, advice, certify invoices, and provide general supervision of the work performed under the executed contract I. COVID-19 – Coronavirus Disease-2019 J. EOSH - Environmental and Occupational Safety and Health K. EPA - Environmental Protection Agency L. FSE - Field Service Engineer M. HIPAA - Health Insurance Portability and Accountability Act of 1996 N. ICRA - Infection Control Risk Assessment O. IPRM - Information Protection Risk Management P. ILSM - Interim Life Safety Measures Q. ISO - International Standards Organization R. LBVAHCS - Long Beach VA Health Care System S. MOU - Memorandum of Understanding T. NFPA - National Fire Protection Association U. NTP - Notice to Proceed V. OEM - Original Equipment Manufacturer W. OSHA - Occupational Safety and Health Administration X. SF - Standard Form Y. SME - Subject Matter Expert Z. SOW – Statement of Work AA. TIL – Technical Information Library AB. TWA - Time-Weighted Average AC. AB. VA – Veterans Affairs AD. AC. VAHCS – Veteran Affairs Health Care System AE. AD. VHA - Veterans Health Administration

(END OF SOW)

SECTION C - CONTRACT CLAUSES

C.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision) C.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade
Goals for female participation for each trade
28.3 %
6.9 %

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of Provision)

C.3 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, 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.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— Reference Section E - INSTRUCTIONS, CONDITIONS, AND OTHER

(c) Participants will meet at—

STATEMENTS TO BIDDERS

(End of Provision)

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017
52.214-4
FALSE STATEMENTS IN BIDS
APR 1984
52.214-6
EXPLANATION TO PROSPECTIVE BIDDERS
APR 1984
52.214-18
PREPARATION OF BIDS—CONSTRUCTION
APR 1984
52.214-34
SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE
APR 1991

C.5 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

C.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

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E.25 INSTRUCTIONS, CONDITIONS, AND OTHER STATEMENTS TO BIDDERS

1. PROJECT DESCRIPTION:

Reference SOW B.1.

2. PROJECT LOCATION:

LONG BEACH VA HEALTH CARE SYSTEM

(LBVAHCS):

5901 East 7th Street, Bldg 164 Long Beach, CA 90822

3. CONTRACTING OFFICER:

Justin Hicks Email – justin.hicks@va.gov

4. CONTRACT SPECIALIST:

Dena Hallaren Email – dena.hallaren@va.gov

5. TYPE OF CONTRACT:

Firm Fixed Price

6. ESTIMATED COST RANGE:

Magnitude estimated price ranges are between $250,000 and $500,000 in accordance with (IAW) FAR 36.204(c).

7. DESIGN:

This project includes a package of drawings with specifications.

8. ESTIMATED COMPLETION TIME:

Period of Performance - 90 Calendar Days after NTP.

9. PRE-BID CONFERENCE AND SITE VISIT:

a. An organized pre-bid conference and site visit have been scheduled for:

July 9, 2020 0900a.m. PST at the following facility and location:

LONG BEACH VA HEALTH CARE SYSTEM (LBVAHCS):

5901 East 7th Street, Bldg 164 Long Beach, CA 90822

b. Meeting Place:

Badges Shall be Issued at this location as well.

Building 5C – Police Station 5901 E 7th Street, Long Beach, CA 90822.

Facilitator- Khoa Do

c. For interested attendees, provide name, company name and email address no later than: Wednesday June 8, 2020 by 9:00 am (PST) emailed to: dena.hallaren@va.gov

d. Attendance is not mandatory; however, ALL INTERESTED BIDDERS ARE ENCOURAGE AND EXPECTED TO ATTEND. No other site visits shall be scheduled.

e. Potential Offerors are responsible for reviewing solicitation prior to site visit.

f. This is NOT a Question and Answer Session. The Facilitator does NOT have the authority to answer verbal questions posed during the site walk. See below, Section 10, for instructions for submitting RFI’s.

g. No questions or RFI’s shall be asked to any other VA personnel.

h. Pictures are authorized at the direction of the Facilitator/Escort. Shall not take photos in any patient or restricted areas

i. ALL ATTENDEES ARE REQUIRED to follow CDC guidance and social distancing guidelines with regard to COVID-19 prevention. Attendees are required to wear masks at all times (except for medical reasons and must obtain prior approval) at their own expense while on campus.

10. REQUEST FOR INFORMATION:

a. All Requests for Information (RFIs) regarding this IFB must be received no later than: July 16, 2020, 12:00 p.m. PST. ALL RFI’s shall be e-mail to dena.hallaren@va.gov, to allow a reply to reach all prospective bidders before the submission of their bids. Responses to questions at the Government’s discretion will be posted as an amendment to the solicitation and the Government reserves the right to consolidate questions and responses.

b. No RFI telephone calls or voicemails shall be considered for questions to this solicitation.

c. NO QUESTIONS SHALL BE ASKED DURING THIS VISIT TO ANY VA PERSONNEL.

d. GOVERNMENT EMAILS ARE “FOR OFFICIAL USE ONLY” (FOUO) – NO MARKETING/SPAM EMAILS WILL BE REVIEWED AND MAY BE BLOCKED BY NETWORK SYSTEMS.

11. BID CONTENTS:

0. Standard Form 1442. (Box 14-20 completed and signed acknowledging all amendments; do not fill in anything in “Award” section, from box 21 down).

0. Bid Guarantee/Bond (using SF24).

1. Electronic Copies of the Bonding will be acceptable for bid opening so long as all other elements of the executed bond are present. See number 12. Below, for Bid Due Date and POC email for electronically submitting Bonding. Further instructions for mailing the physical copy of the actual bonding, with the raised seal shall be provided at the time of pre-award phase. If apparent low bidder is unable to provide electronic and/or physical copy of Bonding, bidder will be ineligible for award.

0. 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.

0. 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.

0. VETS-4212, Federal Contractor Veterans’ Employment Report.

12. BID DUE DATE:

0. Submit One (1) copy of Bids contents no later than:

July 30, 2020, 1:00 p.m. PST.

0. Due to COVID-19 ALL BIDS SHALL BE EMAILED

0. Bids shall be emailed directly to dena.hallaren@va.gov

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

13. PUBLIC BID OPENING:

a. Will be held on July 30, 2020, 2:00 p.m. PST:

b. If a bidder would like to attend via SKYPE please send name(s) and email address(s) of attendees by July 26, 2020 – 12:00 p.m. PST.

c. Join by telephone at: 844-364-7556 – Conference ID 534014840# (West) English - United States

14. 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.

15. 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.

16. DAVIS BACON WAGE RATE

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

17. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

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

18. BUY AMERICAN ACT:

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

19. AMENDMENTS:

1. All 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.

1. Bidders are strongly cautioned to check the beta SAM Gov, https://beta.sam.gov/, website frequently and to “refresh” their web page to ensure they have the latest information

20. REPRESENTATIONS AND CERTIFICATIONS:

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

1. Bidders are required to provide verification of their submission of the annual form VETS-4212, Federal Contractor Veterans’ Employment Report (http://www.dol.gov). This verification shall be the emailed confirmation of receipt notification sent to the bidder after successful submission of their report.

1. 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).

21. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EMR

1. 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.

1. 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.

1. 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.

1. 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.

22. RESPONSIBILITY DETERMINATION

1. 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.

i. Note: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder ineligible for award.

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

23. PAYMENT VENDOR FILE

Prospective Offerors are notified that verification of VA Form 10091 and the W-9 sent directly to the paying office in Austin, TX, must be submitted with the offer unless the offeror has previously submitted these forms to VA Austin and provides certification of previous work. The FMS Vendor File Update form needs to be submitted in all cases to the Contracting Officer as part of the offer or proposal. Prior information sent to the VA Payment Center in Austin does not preclude submittal of the FMS Vendor File Update form. Failure to include this information could preclude the offeror from consideration for award or considerably delay award.

Reference Section D. attachments.

- - END OF SECTION - -

C.7 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision) C.8 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

C.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

777 E. Missouri, Suite 300 Phoenix AZ 85014 Mailing Address:

Department of Veterans Affairs

777 E. Missouri, Suite 300 Phoenix AZ 85014

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

C.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 Provision)

FAR Number
Title
Date
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
JUL 2016
52.214-3
AMENDMENTS TO INVITATIONS FOR BIDS
DEC 2016
52.214-5
SUBMISSION OF BIDS
DEC 2016
52.214-7
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS
NOV 1999
52.214-19
CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION
AUG 1996

C.11 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation,…

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