36C25821B0012.docx

36C25821B0012 Section L

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.

36C25821B0012 X

06-23-2021

664-CSI-115

36C258

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue Tucson AZ 85723 Julie Kocinski 520-629-4831 Project #664-CSI-115, 4W Nuclear Medicine PET CT II, San Diego VA Healthcare System (SDVAHCS) The solicitation calls for: Construction services to fully renovate approximately 1200 sqft of the existing Nuclear Medical Department to prepare the space to install a new Pet CT. Awardees shall perform in accordance with the Statement of Work (SOW), specifications, and drawings.

Interested contractors are highly encouraged to attend the Pre-Bid Conference Call and Pre-Bid Site Walk.

June 28, 2021, 12:00 pm PDT - RSVP for Pre-Bid call and site walk via email to: Julie Kocinski@va.gov Subject line of email: 664-CSI-115 PRE-BID SITE WALK ATTENDEES 36C25821B0012, YOUR COMPANY'S NAME Each prime contractor can bring up to 4 attendees, including subcontractors. Group sizes will be limited.

List individual's names and company name in email.

June 30, 2021, 8:30 am PDT - Pre-Bid Conference Call in (audio only) 1-872-701-0185, ID # 245 853 273# Chicago US June 30, 2021 - Pre-Bid Site Walks will be held at 9:00 am,11:00 am, 1:00 pm, and 3:00 pm PDT Provide your preferred time selections as #1, 2, 3, & 4. Times will be assigned; preferences will be considered, but not guaranteed.

Masks are required at SDVAHCS.

July 7, 2021, 12:00 pm PDT-RFIs due. Email RFIs to: Julie.Kocinski@va.gov Subject line: 664-CSI-115 RFI 36C25821B0012 July 13, 2021 - RFI responses will be provided to the contractors via amendment July 22, 2021, 12:00 PM PDT - BIDS DUE via email to Julie.Kocinski@va.gov Subject line for BIDS email: 664-CSI-115 BID 36C25821B0012, YOUR COMPANY's NAME Bid Bonds must be submitted with the bid.

ALL amendments must be acknowledged with the bid.

July 22, 2021, 2:00 PM PDT-BID OPENING via Microsoft Teams Conf. Call in (audio only) 1-872-701-0185, ID#341 979 815# 100% Set-Aside for Service Disabled Veteran Owned Small Business (SDVOSB).

NAICS 236220, Commercial and Institutional Building Construction and Size Standard $39.5M apply to this acquisition.

IAW VAAR 836.204(f)(2), magnitude is between $2,000,000 and $5,000,000

Bid amount shall include Material cost, Labor cost, Overhead, Profit, and Grand Total. This information is required and may be used in the event of possible future modifications.

Bids will be evaluated on Grand Total amount only.

All bids must include Atch 1, Self Performance Calculations and must be submitted via email to: Julie.Kocinski@va.gov Subject line of the email: 664-CSI-115 BID 36C25821B0012, YOUR COMPANY'S NAME

X X

52.211-10 X

12:00 PM

PDT

07-22-2021 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

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

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

4 West (4W) Nuclear Medicine PET CT II, Project # 664-CSI-115 Construction Services to include all tools, labor, materials, and supervision necessary to successfully execute the construction plans for project 664-CSI-115, 4W Nuclear Medicine PET CT at San Diego VA Healthcare System (SDVAHCS), in accordance with (IAW) attached Statement of Work (SOW), Specifications, Drawings, and attachments.

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

Schedule is vital to this project as there is coordination involved for mandatory equipment installation required no later than March 2022. No extensions are available. POP: 210 days after NTP to be issued within 10 days after award.

Estimate POP:

Contract Period: Base POP Begin: 07-30-2021 POP End: 02-25-2022

36C25821B0012 Section B

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work Renovate Emergency Department March 8, 2021 San Diego, California VA Health Care System (664) 4W Nuclear Med PET CT 2

664-CSI-115

B.1 INTRODUCTION:

This requirement is to provide all necessary labor, materials, and supervision to construct all applicable demolition, asbestos abatement, walls, partitions, interior finishes, fire suppression systems, mechanical, plumbing, and electrical work and other services necessary for Project 664-CSI-115 Nuc Med PET CT, Building 1, VA Health Care System (VASDHCS), 3350 La Jolla Village Drive, San Diego, CA 92161. This requirement is classified under construction as it calls for the alteration of real property.

B.2 BACKGROUND / DESCRIPTION OF WORK:

The Veterans Affairs Healthcare System located in San Diego, California (664) requires construction services to construction in accordance contract drawings and specifications to fully renovate approximately 1,200sf of the existing Nuclear Medicine Department to prepare the space to install a new PET CT. The project includes the demolitionand and remodel of scan room 4503, exam room 4501, shower room 4060 and computer room 4502, and other associated support spaces to include the abatement of asbestos containing material, removal of HVAC unit & associated ductwork.

Add alternate 1 : demolition and replacement of existing door to Scan room 4505.

Deduct alternate 1 : alternative method of construction of air Handling unit in 4th floor interstitial

B.3 CONSTRUCTION DOCUMENT:

Contractor shall furnish all labor, equipment, certification, supervision, and materials necessary to perform all operations in connections with this order. Contractor shall perform work in strict accordance with the General Specifications, Statement of Work, schedule, and all other supporting documents for this contract to include, but not limited to the following documents:

664-CSI-115 4W Nuc Med Pet CT - Final IFC Specification Manual

· 2020-1204 Architectural Set

· 17X001_Elec_2020-12-03

· 2020-1204 Mechanical Set

· 2020-1204 Plumbing Set

· 2020-1204 Structural Set December 4th , 2020

B.4 SPECIFICATIONS

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

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

a. SECTION 01 00 00 – General Requirements

b. SECTION 01 57 19 – Temporary Environmental Controls

c. SECTION 01 74 19 – Construction Waste Management

d. SECTION 02 82 11 – Traditional Asbestos Abatement

e. SECTION 02 82 13.13 – Glovebag Asbestos Abatement

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

g. SECTION 02 82 13.31 – Asbestos Transite Abatement

B.5 SPECIFIC REQUIREMENTS

A. Scope

a. The Contractor must provide all necessary labor, material, and equipment to demolish architectural finishes, plumbing, mechanical, electrical systems, and asbestos abatement, for Nuc Med PET CT SOW area, see plans. Construct new flooring and ceilings, plumbing, mechanical, and electrical to support Government Furnished Nuc Med PET CT in accordance with specifications and drawings.

b. The project must be completed in accordance with industry and VA standards and policies, manufacturer’s specifications, applicable safety regulations, VA Medical Center contract specifications and this scope of work.

B. General

1. The Contractor is solely responsible to verify by field measurement the size and location of all features.

1. Contractor must verify breakers and perform proper lock-out procedures.

1. Contractor must implement all requirements of VA Infection Control Risk Assessment (ICRA) Class 5.

1. Contractor must complete the proper request forms, if necessary for after-hour request, badge request, Cutting and Welding request, and any other forms required to perform work safely and per the facility policies.

1. Detailed project implementation plan and safety plan is required to be submitted to VA Project Manager before commencement of construction.

1. Contractor will execute measures to ensure least amount of disruption to operation of the facility and visitors’ safety.

1. The Contractor must coordinate work with VA Project Manager and unit’s staff to minimize disruption of their daily operations.

1. Contractor must provide dumpsters and construction waste management. The Contractor must remove and dispose of all trash/debris from the work area to a location designated by the Contractor. This location must not be on the facility grounds. Contractor must ensure all trash is sealed to prevent dissemination of contaminant across the facility.

C. SETUP

1. The Contractor must coordinate all work with the VA Project Manager.

1. The Contractor will not interfere with the operation of the Nuclear Medicine department.

1. The contractor must coordinate dumpster locations, portables toilets, storage units, and staging areas with VA Project Managers.

1. The Contractor will set up construction barriers constructed of Type X 5/8” gypsum board per the plans and specs over metal studs or approved barriers. Contractor will paint barriers with epoxy paint to ensure barrier between existing Nuclear Medicine department and cooridor space(s) and the construction area can be wiped clean.

1. Contractor will set up negative pressure machines to ensure negative pressure relationship of -.020in H2O between the construction area and occupied space during asbestos abatement/removal process and -.010in H2O during construction in compliance with dwgs and specifications.

C. General Requirements

0. Refer to plans and specs

D. Existing Conditions

0. Refer to plans and specs

B.6 CONFORMANCE STANDARDS:

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

b. VA Master Construction Specifications

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

c. VA Construction Standards

d. VA Seismic Design Handbook

e. VA Space Planning Criteria

f. VA Design Manuals

g. VA CADD Standards

h. NFPA 101, Life Safety Code

i. NFPA 70, National Electric Code

j. NFPA 99, Health Care Facilities

k. NFPA 12, Installation of Sprinkler Systems

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

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

n. International Building Codes

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

B.7 HOURS OF COVERAGE:

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

a. All loud construction activities including but not limited to concrete saw cutting, hammer drilling, shot pin anchoring shall be performed outside of normal business working hours which is M-F 7:30am-4:00pm. Contractor to coordinate all loud construction work to minimize impact to the facility.

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

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

D. Federal Holidays observed by SDVAHCS are:

B.8 IDENTIFICATION, PARKING, NO SMOKING POLICY, & 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 will 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 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 the Engineering Services Department located at:

Point of Contact – COR Fernando Estrella (858) 552-8585 ext 6178

VA San Diego Health Care System Engineering Service (664) 3350 La Jolla Village Drive, San Diego, CA 92161

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 210 Calendar days after date NTP is issued.

B.12 SUBMITTALS:

B. 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.

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

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

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

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

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

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

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

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 will be forwarded to the Contracting Officer. In the event of any discrepancies the Contracting Officer will be notified immediately for clarification.

B.14 MODIFICATIONS:

A. Modifications for this project must be submitted to the assigned COR who will then submit a formal request to the Contracting Officer (CO). New work is not allowed to commence prior to Contracting Officer’s signed and written approval via fully executed Standard Form (SF) 30 modification.

36C25821B0012 Section C

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SECTION D - PACKAGING AND MARKING

[For this IFB, there are NO clauses in this Section] 36C25821B0012 Section D

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

36C25821B0012 Section E (End of Clause) Page 1 of Page 1 of

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 210 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by July 30, 2021. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause)

F.2 DELIVERY SCHEDULE

1.00

36C25821B0012 Section F

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SECTION G - CONTRACT ADMINISTRATION DATA

36C25821B0012 Section G

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

36C25821B0012 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of and shall not be binding until so approved.

(End of Clause) I.2 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.3 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.4 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.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

(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—

(1) 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 (d) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

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

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

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

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

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

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

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that—

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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