36C26220Q0459-001.docx

36C26220Q0459

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THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4.

CERT. FOR NAT. DEF.

RATING

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5A. ISSUED BY

6. DELIVER BY (Date) 5B. FOR INFORMATION CALL: (No collect calls)

7. DELIVERY

NAME

TELEPHONE NUMBER

FOB DESTINATION

(See Schedule)

OTHER

AREA

CODE

NUMBER

9. DESTINATION

a. NAME OF CONSIGNEE

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP CODE

d. STATE

e. ZIP CODE 10.

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ON

OR BEFORE CLOSE OF BUSINESS (Date) This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

ITEM NO.

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

a. 10 CALENDAR DAYS %

b. 20 CALENDAR DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS

16. SIGNER

a. Name (Type or print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or print)

NUMBER

IMPORTANT:

11. SCHEDULE (Include applicable Federal, State and local taxes)

12. DISCOUNT FOR PROMPT PAYMENT

(THIS IS NOT AN ORDER)

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (REV. 6-95)

Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATIONS

X 36C26220Q0459 03-1 -2020 691-20-2-5693-0018 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 Timothy Wanamaker, Contract Specialist 562-766-2212 Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 03-2 -2020 See CONTINUATION Page Construction Services for the Department of Veterans Affairs VA Greater Los Angeles Healthcare System (VAGLAHS) Location: 11301 Wilshire Blvd., Los Angeles, CA 90073 Project Title: New Flooring, Carpet Installation and Paint-ing Services for the 2nd Floor, East Wing Offices of VAGLAHS Applicable NAICS Code: 236220 Small Business Size Standard: $39.5M IAW VAAR 36.204 - Disclosure of Magnitude for the project:

Between $25,000 and $100,000 Estimated Completion Time: 90 Calendar Days Davis-Bacon Act Wage Determination applicable to the project General Decision Number CA2020022, Dated 01 2020.

THIS PROCUREMENT IS 100% SET-ASIDE FOR SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS (SDVOSB) IAW PUBLIC LAW (PL)

109-461, 38 UNITED STATES CODE (USC), SECTION 8127

X Table of Contents

A.1 (CONTINUATION PAGE) INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS Page 1 of Page 1 of

1.1 SITE VISIT

1. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

2. There will only be one (1) organized site visit. It will be held on Monday, March 16th, 2020 @ 9:00 AM Local Time (PST). Participants will meet at the VA Greater Los Angeles Healthcare System (VAGLAHS), Elevator Lobby of First Floor, Building #220. Attendance is not mandatory; however, all offerors are strongly encouraged to attend.

1.2 REQUEST FOR INFORMATION (RFI)

1. Interested offerors must submit any questions concerning the solicitation no later than Thursday, March 19th, 2020, 4:00PM Local Time (PST). Questions must be submitted via email to: timothy.wanamaker@va.gov

2. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone questions will not be accepted or returned.

3. Questions will be responded to as necessary in amendment format, and if applicable, will be posted to https://beta.sam.gov/ on or about Tuesday, March 24rd, 4:00PM Local Time (PST).

1.3 SUBMISSION OF QUOTE

1. Quotes are due on or before Friday, March 27th, 4:00PM Local Time (PST) via email to: timothy.wanamaker@va.gov

2. The following documents are to be included in the submission: Quotation in any vendor format OR; Complete and sign SF 18 Request for Quotations, blocks 13-16, and Enter quotation amount in Section A.2 Price/Cost Schedule (page 6).

1.4 BONDS

For an award amount greater than $35,000, the Contractor must furnish a Payment Bond (Standard Form 25A) or an alternate payment protection as described in 52.228-13 Alternate Payment Protections (July 2000) 10 Calendar Days after award.

1.5 BASIS FOR AWARD

Contract award will be made in accordance with FAR Part 13 – Simplified Acquisition Procedures. Contract Award will be based on: PRICE-ONLY.

1.6 RESPONSIBILITY REQUIREMENTS

A responsibility check will be accomplished for the apparent awardee prior to award. Checks of the Vendor Information Pages (VIP) (https://www.vip.vetbiz.va.gov/) database (to insure apparently successful offeror is a verified Service-Disabled Veteran-Owned Small Business (SDVOSB)), System for Award Management (SAM) database (Central Contractor Registration, Online Representations and Certifications, and Excluded Parties List System to insure registrations are current, valid, and no debarment records exist. Any information retrieved or received by the Government that would be cause for negative or unsatisfactory responsibility rating may result in the offeror being determined ineligible for award.

1.7 ATTACHMENTS INCORPORATED BY REFERENCE

The following attachments form a part of this solicitation and the award that results therefrom and incorporated by reference herein.

1) P07 - Wage Rate Determination 01-31-2020 (CA20200022)

2) C27 - Drawings - A1 & A2 Site - VAGLAHS

A.2 PRICE/COST SCHEDULE

GRAND TOTAL: $ ___________________

B.1 STATEMENT OF WORK (SOW)

Title: RFQ 36C26220Q0459, New Flooring, Carpet Installation and Painting Services for the 2nd Floor, East Wing Offices of the VA Greater Los Angeles Healthcare System.

1. Introduction: The Department of Veteran’s Affairs (VA), Office of Resolution Management (ORM) has a requirement to replace the worn carpet at the Department of Veterans Affairs, VA Greater Los Angeles Healthcare System (VAGLAHS), 11301 Wilshire Blvd., Los Angeles CA 90073. The current conditions are worn and torn aged carpet which presents a safety issue.

2. Background: The ORM strives to provide a safe, clean and productive work environment for VA personnel supporting ORM’s mission. The carpet at the VAGLAHS 2nd Floor, East Wing Offices, needs to be replaced with new flooring materials to enhance the work environment, boost morale, and alleviate associated safety concerns.

3. Place of Performance: Department of Veterans Affairs, VA Greater Los Angeles Healthcare System (VAGLAHS), 11301 Wilshire Blvd., Building 220, 2nd Floor, Los Angeles, CA 90073. Hours of Operation: 8:00AM to 4:40PM (PST).

4. Scope of Work.

4.1. This SOW is for the removal and disposal of the existing carpet; the purchase, delivery and installation of new flooring materials; the painting of all walls, doors and door/window frames of areas receiving new flooring; installing new window shades; replacing existing ceiling tiles with new tiles, and; adding new sink with counter in break room.

4.2. Electrical work is limited to relocating or adding GFCI power outlet at new counter of sink.

4.3. The Contractor shall provide all materials, labor, supervision, coordination, transportation, delivery/shipping, supplies and tools necessary for proper removal, delivery and installation of new materials even though certain items may not be specifically described in the specification.

4.4. The Contractor’s quoted price must be all-inclusive.

4.5. The Contractor’s quote shall include carpet specifications to meet the requirement as described in this SOW.

5. Type of Contract: Firm, Fixed-Price.

6. Tasks. Base bid: procure and provide as listed below:

6.1. Carpet tile 11 offices and one (1) conference room (approximately 3,543 square feet total) (See attached site drawing A1; Verify dimensions in field);

6.2. Luxury vinyl tile in break room, copy room, conference room storage, and hallway (approximately 1,000 square feet total), to match exactly with existing tile found in the West side of hallway (See attached drawing A1; verify all dimensions in field);

6.3. Provide 6” vinyl wall base at carpet: Burke LVT floors;

6.4. Paint all the walls in all the rooms and East hallway plus hallway ceiling (approximately 8200 square feet) with Dunn Edwards paint, eggshell finish (See Drawing A1 for colors and room dimensions; verify in field);

6.5. Paint 18 doors (both sides), door frames, and 26 window frames (inside only) in the area of remodel. Furniture will be required to move to paint wall surfaces entirely;

6.6. Provide a counter in Room 203 with a stainless-steel ADA compliant sink and base cabinet as shown on drawing A2. Provide associated plumbing and a GFCI power outlet above counter;

6.7. Replace acoustic ceiling tiles and paint ceiling grid in Conference Room 214 and Office 207 only; Ceiling tile used shall be Ultima Tegular by Armstrong;

6.8. Replace acoustical ceiling tiles in all the area of remodel (other than Conference Room 214 and Office 207) and paint ceiling grid. Ceiling tile used shall be Ultima Tegular by Armstrong;

6.9. Provide samples for kitchen flooring that meets color schemes selected for the remainder of the suite;

6.9.1. Deduct Alternate No. 1: Procure for base bid, except provide ceiling tiles by Armstrong cirrus ¾” instead of Ultima regular;

6.9.2. Deduct Alternate No. 2: Procure for Deduct Alternate No. 1, except omit painting of doors, door frames and windows;

6.9.3. Deduct Alternate No. 3: Procure for Deduct Alternate No. 2, except omit item 6.8;

6.9.4. Deduct Alternate No. 4: Procure for Deduct alternate No. 3, except omit item 6.9.

7. Period of Performance.

7.1. Delivery and installation shall occur within 90 days after contract award;

7.2. The period of performance shall be 30 days from the date of award;

7.3. The period of performance shall be no more than 30 days after receiving the “Notice To Proceed” (NTP) letter from the contracting officer (CO);

7.4. Any work at the Government site shall not take place on federal holidays or weekends unless directed by the CO;

7.5. Any overtime or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government;

7.6. The Contractor is not required to provide service on the following U.S. Government holidays nor shall the Contractor be paid for these days (this includes any specific day declared a holiday by the President of the United States):

8. Requirements.

8.1. The Contractor shall be qualified and experienced to install all types of floor coverings. No unqualified worker shall do any type of work related to this project without the direct supervision of qualified personnel.

8.2. The Contractor shall conduct a site visit to verify site conditions and for verifying the quantity of flooring product(s) required;

8.3. The Contractor shall notify the ORM Contracting Officer Representative (COR) Jahaira Thompson in writing of any site conditions that may impair or prevent completion of the project as planned.

8.4. The Contractor shall provide samples of flooring materials as requested for approval before ordering materials.

8.5. The Contractor shall provide a detailed work plan, schedule, shop drawing of counter, and briefing on the project which presents the contractor’s plan for completing the work.

8.6. The Contractor shall provide all encompassing pricing of flooring materials, supplies, labor costs, carpet removal and delivery/shipping costs.

8.7. The Contractor shall verify all flooring product quantities before ordering.

8.8. The Contractor shall obtain approval by ORM COR Jahaira Thompson before beginning any work.

8.9. The Contractor shall prep floor to accept new flooring in accordance with the new carpet manufacturer’s requirements and specifications. Floor prep includes removal of any existing adhesive and filling of any holes in the floor if found.

8.10. The Contractor shall install new floor covering in accordance with manufacturer’s specifications.

8.11. The Contractor shall install 6” vinyl coved base at all new carpet/vinyl areas.

8.12. The Contractor shall install trims and/or transition strips as needed to allow smooth transition from new flooring to immediate adjacent surfaces.

8.13. The Contractor shall provide carpet manufacturer documentation providing material specifications. Material must be compatible for commercial office settings; all carpet must follow EPA standards.

8.14. The Contractor shall verify paint samples before application from designated ORM COR Jahaira Thompson.

8.15. Upon completion of installation, the contractor shall remove all unused materials, containers, wrappings, cuttings, trimmings and any other debris which has accumulated as a result of this service and transport/dispose of as required by law. Areas shall be left clean.

8.16. The Contractor will be liable for any damages to walls, furniture, floors, elevators or carpeting that occur during installation. The Contractor shall repair or replace any finishes to match with existing finishes if damaged during construction at no cost to VA.

8.17. The Contractor shall develop a punch list and perform repairs and replacements within seven (7) days after completion of installation.

8.18. The Contractor shall obtain certification of completion of work from ORM COR Jahaira Thompson.

8.19. The Contractor shall submit invoice for payment to the ORM COR for all completed work.

8.20. The Contractor shall obtain a security clearance from the VAGLAHS Human Resource Security office, Building 218, ground floor, for all construction workers who will be working on the site prior to start of work. Allow 2 to 3 weeks for processing of clearance.

9. Deliverables.

9.1. The Contractor shall provide a proposal inclusive of all associated costs that will be billed to the Department of Veteran’s Affairs, ORM, and submit those costs to the ORM COR.

9.2. The Contractor shall remove and properly dispose of the existing carpet, deliver and install the new flooring material(s), remove any debris, and cleanup workspace not later than 30 days from contract award.

10. Supporting Information.

10.1. Security.

10.1.1. No less than one (1) week prior to commencement of work, the contractor shall provide the COR with a list of contractor staff participating in the work and the following information:

10.1.1.1. Company Name, Address, Telephone Number;

10.1.1.2. Name of each individual contractor employee and position title.

10.1.2. The Contractor shall be responsible for confining its’ crew and work to the designated project areas;

10.1.3. The contractor be responsible for ensuring that the installation personnel are identifiable.

10.2. Certificate of Insurance: A Certificate of Insurance (COI) shall be provided upon request.

10.3. Parking: Onsite parking will be available.

10.4. Hours of Operation and Information.

10.4.1. Delivery of materials and installation to 11301 Wilshire Blvd., Building 220, 2nd Floor Los Angeles, CA 90073 will be from 8:00 AM to 4:30 PM (PST) excluding Federal Holidays.

10.4.2. Flooring materials and worker tools will be unloaded in the front of the building and taken immediately to the work area.

10.4.3. The Contractor shall Notify the ORM COR to arrange for delivery schedule. Any after hour delivery would have to be coordinated with the ORM COR Jahaira Thompson.

10.5. Delivery and Acceptance.

10.5.1. The Contractor shall coordinate the delivery of the flooring materials with ORM COR Jahaira Thompson.

10.5.2. The scheduled start date will be coordinated between the Contractor, ORM COR Jahaira Thompson and VAGLAHS Project Manager Naveed Subhan after contract award with the Contractor. The schedule is subject to change as deemed necessary.

10.6. Clean Up.

10.6.1. The Contractor shall clean up and dispose of waste materials/trash in accordance with all applicable federal, state and local regulations, standards, codes and laws and in accordance with section 10.6 of the SOW.

10.6.2. The contractor shall make any necessary arrangements with private parties and with county officials pertaining to locations and regulations of such disposal. Any fees or charges for disposal of materials shall be the responsibility of the contractor.

10.6.3. The contractor shall always keep the job site, including staging and storage areas used by the contractor, free from accumulations of waste material or rubbish which shall be removed daily to eliminate the accumulation of debris.

10.6.4. Prior to completion of the work, the contractor shall remove from the vicinity of the work all shipping containers, packing, rubbish, unused materials, and other like material, belonging to the contractor or used under the contractor’s direction.

10.6.5. Under no circumstances will eating and drinking be allowed on the installation site by the Contractor.

10.7. Inspection: As stated in section 8.16 of the SOW, the contractor will be responsible for any damage to the building occurring during delivery and installation. As such, it is incumbent upon the Contractor to identify any existing damage to the building by means of a Pre-Installation and Delivery Walk-Thru, and daily submissions of checklists to the designated agency representative on site. Proper measures (e.g., protective runners; pads) shall be utilized by the Contractor to protect building infrastructure (i.e., elevators, walls, floors).

11. Performance Measurements.

11.1. Specific requirements include, but not limited to the following:

11.1.1. Installation plan;

11.1.2. Purchase of new flooring material(s);

11.1.3. Removal of existing carpet/Installation of new flooring material(s).

11.2. Performance measurement factors are as follows:

11.2.1. All coordination’s needed for this project have been completed and adhered to, consistent with VA requirements and specifications;

11.2.2. A thorough inspection with the Contractor will produce a “punch” list that will be completed as part of the project requirement;

11.2.3. All items delivered are consistent with contract terms.

11.3. The table below defines the Performance Standards and Performance Target associated with this effort:

Performance Measure

Target Incentives/Disincentives for “Meeting” or “Not Meeting” the Performance Standards

12. Contractor Responsibilities: Unexpected conflicts during product installation must be brought to the ORM COR Jahaira Thompson within one (1) hour of discovery for resolution and implementation. Resolutions may include, but not limited to the following:

12.1. The Contractor shall correct (at the Contractor’s expense) any installation problems which are the result of delays, delivery errors, and damaged product;

12.2. The Contractor shall immediately remove from the premises all wrong/incorrectly shipped materials and damaged materials, unless otherwise authorized by VA;

12.3. Damaged and/or missing product will be replaced via means that will prevent installation delays. Damaged product replacement will be at the Contractor’s expense and all damaged product shall be removed from the job site immediately;

12.4. Within 24 hours after completing the product installation, the Contractor shall be present to walk through the workspace with VA representatives to verify working conditions, assess the quality of flooring installation, and jointly prepare a punch list of outstanding items;

12.5. The Contractor will be responsible for correcting punch list items within 30 working days after the walk-through verification;

12.6. Once all punch list items have been completed, a final walk-through by VA representatives and the Contractor will take place; the final walk-through shall be coordinated with VA;

12.7. The Contractor shall be responsible for managing the delivery and installation of the product on schedule and in accordance with contract requirements;

12.8. Final measurements and drawings are the responsibility of the Contractor. Final measurements will be taken after contract award to verify all dimensions (critical and non-critical) are accurate.

12.9. Any/all excess flooring tiles shall be neatly left at the site with VA Project Manager Naveed Subhan.

2.1 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)

2.2 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:

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 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)

2.3 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)

2.4 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)

C.1 REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I apply to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I apply.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.

(a) Definitions. As used in this provision— Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

C.2 GENERAL CONDITIONS

4.1 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)

4.2 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)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (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 award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

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