36C26222R0089.docx

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.

36C26222R0089

X 04-15-2022

None 36C262 Michael Williams Department of Veterans Affairs NCO 22 - 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 Michael Williams

(520) 792-1450, x12586 Paint Exterior of Buildings 2,7,8,9,11,12,13,57,90 and 94. Southern Arizona VA Health Care System (SAVAHCS)

See Schedule A

52.211-10

NA

PST

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

36C262

Department of Veterans Affairs NCO 22 - 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.

Dawn M. White Contracting Officer

Table of Contents

PART I - THE SCHEDULE 1

SECTION A - SOLICITATION/CONTRACT…….…………………………………………….1

L.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B. SCHEDULE OF LINE ITEMS

All work for Building 2 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 50 days. Estimated at 71,415 square feet.

Contract Period: Base POP Begin: 06-01-2022 POP End: 04-26-2023 PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z1DA - Maintenance of Hospitals and Infirmaries

All work for Building 7 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 15 days. Estimated at 4,748 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 8 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 15 days. Estimated at 4,115 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 9 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 15 days. Estimated at 4,115 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 11 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 15 days. Estimated at 4,243.67 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 12 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings 12 shall be completed in 15 days. Estimated at 4,243.67 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 13 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 15 days. Estimated at 4,243.67 square feet

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 57 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 50 days. Estimated at 56,459 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 90 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 35 days. Estimated at 37,957 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

All work for Building 94 identified in the Statement of Work, AE Design Narrative, Specifications, and Drawings shall be completed in 15 days. Estimated at 4,401 square feet.

POP Begin: 06-01-2022 POP End: 04-26-2023

THE SPECIFICATIONS AND CONSTRUCTION DRAWINGS CONTAIN DETAILED DESCRIPTIONS OF THE LINE ITEMS. IN THE EVENT OF A DISCREPANCY, THE SPECIFICATIONS OVERRULE THE CONSTRUCTION DRAWINGS.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

I. TITLE:

Paint Exterior of Buildings 2, 7, 8, 9, 11, 12, 13, 57, 90, and 94 (SAVAHCS)

II. BACKGROUND INFORMATION:

The purpose of this project is to refinish and repair exterior façade degradation and building trim, remove and replace all caulking and sealants, and paint exterior surfaces of Buildings 2, 7, 8, 9, 11, 12, 13, 57, 90, and 94 located at the Southern Arizona VA Healthcare System (SAVAHCS), Tucson, Arizona. Estimated surface area that needs painting is 195,941 square feet. Estimated joint sealants that require demolition and repair is 10,500 linear feet.

CATEGORY OF PROJECT:

() CAT A is $2K - $150K

(X) CAT B is $150,000.01 - $1.5 Million () CAT C is $1,500,000.01 - $5 Million () CAT D is $5 Million to $25 Million

MAGNITUDE OF PROJECT: As Prescribed VA Acquisition Regulation (VAAR) 836.204 () Less than $25,000 () Between $25,000 and $100,000.

() Between $100,000 and $250,000.

() Between $250,000 and $500,000.

(X) Between $500,000 and $1,000,000.

() Between $1,000,000 and $2,000,000.

() Between $2,000,000 and $5,000,000.

() Between $5,000,000 and $10,000,000.

OBJECTIVES:

Provide all supervision. labor, equipment, materials, supplies, and transportation necessary to install temporary barriers, demolish and repair decayed and weathered structures (new construction), and prepare and paint required surfaces.

Paint color is subject to change. Paint must not be ordered until proposal is accepted, and a pre-construction meeting has been convened with SAVAHCS Interior Design. Type of paint described in the attached A/E narrative will not change.

Contractor shall conduct a lead survey of the old paint on all buildings listed. If lead is found, Contractor will discuss abatement methods and changes in scope with the Contracting Officer Representative (COR) and Contracting Officer (CO).

Ten (10) buildings require painting. Each building shall be a standalone project, quoted separately, identified by a Contract Line-Item Number (CLIN). Each project will be performed in the following sequence, and in the time specified. All buildings shall be completed in 240 days.

Total construction period duration includes all pre-construction activity and postconstruction testing, third-party inspections, and phased building turn-over to the Government. Contractor shall submit a comprehensive schedule of work in compliance with 01 32 16.15 PROJECT SCHEDULES (SMALL PROJECTS DESIGN/BID/BUILD). Each Building shall be accepted by SAVAHCS Engineering COR prior to beginning work on the next Building.

III. SCOPE

The Scope of Work is comprised of:

· Statement of Work

· VHA Master Specifications (Attached)

· AE Design Narrative (Attached)

· Drawings (Attached)

IV. SPECIFIC REQUIREMENTS

· Temporary barriers shall be installed to protect the work areas from pedestrians. All means of

· Emergency ingress and egress will remain operational throughout construction. If VA

· Operations are affected for predicted period of time the Contractor shall provide and

· coordinate with the COR for alternate routes.

· Contractor to coordinate with the COR for any removal/trimming of vegetation or obstructions for clear access to the building exterior.

· Contractor to coordinate with the COR predetermined areas of work that will need to be clear

· prior to the start of painting for clear access and protection to vehicles and other site amenities.

· Buildings are to be carefully washed and prepped to not cause any damage to the structure,

· finishes, or surrounds features.

· Surface preparation and cleaning shall be done by power washing or handwashing where required to avoid damage. This includes anodized aluminum window and door frames which would require more maintenance if painted than the original anodized finish.

· Removal and disposal of beehives, wasp nests, animal remains attached to building exteriors shall be disposed of in a safe manner to protect patients and personnel. Painting preparation is to be conducted in an organized and clean manner to not disrupt the existing facility operations.

· Minor building exterior flaws such as cracking, chipped or sagging stucco will be repaired and sealed prior to painting.

· Wood decay will be addressed and documented for restoration or replacement. If decay and weathering has been found to be beyond repair, the wood is required to be replaced and repaired.

· All signage is to be removed, cleaned, retained, and reinstalled per industry standards. Any damage caused by signage removal shall be repaired.

· Building sealant and caulking with any existing backer rods will be removed and replaced with industry standard products and installation methods.

· Buildings are to be repainted to match existing detailed color schemes in order to retain the authenticity of the original design.

· Site amenities surrounding the buildings identified in the scope of work as bollards, gates, railings, and drainage covers will be prepped and painted to match existing. All existing building amenities painted or unpainted are to be protected for new paint overspray.

To be painted:

· Building exteriors

· Window frames and window awnings (excluding anodized aluminum.

· Bollards

· Interior and exterior of any building/roof screen walls

· Drainage covers that are currently painted within the building’s vicinity

· Exterior piping and insulation currently painted

· Exterior lighting currently painted

· Gates and railings

· Exterior stairs, toe kicks, and exposed roof ladders

· Doors (excluding anodized aluminum), door hardware to remain attached and protected in place

performance characteristics/See Specifications for applications).

· ARCI-HUES Exterior Flat Paint ACHS10

· ARISTOSHIELD Interior/Exterior Semi-Gloss Paint ASHL50

· BLOC-RUST Premium Interior/Exterior Rust Preventative Metal Primer BRPROO-2-WH White

· ENDURALASTIC 10 Elastomeric Wall Coating EDLX10-OA

· EFF-STOP Premium Interior/Exterior Masonry Primer/Sealer ESPR))-1

· EVERSHIELD Exterior/Interior Semi-Gloss Paint EVSH50

· EZ-PRIME Premium Exterior Wood Primer EZPR00-1

· ULTRA-GRIP Premium Interior/Exterior Multi-Surface Primer UGP00-1

· VERSAGLO Interior/Exterior Latex Semi-Gloss Paint W 6160E

VI. PLACE OF PERFORMANCE:

Southern Arizona VA Health Care System (SAVAHCS) 3601 S. 6th Avenue Tucson, Arizona 85723

VII. PERIOD OF PERFORMANCE

240 Days. Work will be done Monday through Friday from 7:30 am to 4:00 pm. Work outside these hours requires prior written approval from the COR. (90 Days?)

VIII. RECOGNIZED HOLIDAYS:

IX. CONTRACTOR EMPLOYEES:

Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees. Example: wearing of distinctive clothing such as uniform, badges, patches, etc.

X. SMOKING AND VAPING POLICIES:

Smoking and vaping are prohibited on Government property.

XI. SAFETY AND PPE EQUIPMENT:

Shall be provided for each Contractor employee by the Contractor.

XII. MOTOR VEHICLE RESTRICTIONS

Vehicle authorization request shall be required for any vehicle entering the site. Request shall be submitted 24 hours before the date and time of access. Access shall be restricted to picking up and dropping off materials and supplies. A limited number of (2 to 5) parking permits for parking in designated areas only shall be issued to the General Contractor and their employees. Use only established public roads and roads on Medical Center property, and when authorized by the COR, temporary roads that are necessary in the performance of contract work. Temporary roads shall be constructed and restored back to their original condition by the Contractor at Contractor’s expense. When necessary to cross curbing, sidewalks, or similar construction, Contractors shall use well-constructed bridges to protect them. Vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation.

XIII. SECURITY

· General Contractor and all Subcontractor personnel shall follow current badging procedures at SAVAHCS. The General Contractor is responsible for assuring that all sub-contractors working on the project and their employees comply with these regulations.

· General Contractor’s employees shall not enter the project site without appropriate badge. General Contractor’s employees may be subject to inspection of their personnel effects when entering or leaving the project site.

· Before starting work, the General Contractor shall give one week’s notice to the Contracting Officer Representative (COR) so that security arrangements can be provided for the employees.

· VA reserves the right to close-down or shut down the project site and order General Contractor employees off the premises in the event of a national emergency. The General Contractor may return to the site only with the written approval of the Contracting Officer.

XIV. WARRANTY:

· Construction Warranty: Comply with FAR Clause 52.246-21, Warranty of Construction.

· Manufacturer Warranty: Manufacturer shall warrant their sealant for a minimum of five (5) years from the date of installation and final acceptance by the Government. Contractor must submit manufacturer warranty.

XV. QUALIFICATIONS, CERTIFICATIONS, and TRAINING REQUIREMENTS:

1. Site Safety and Health Officer shall have:

· Proof of completing OSHA’s 30-hour Construction Safety Class within past 5 years

· Proof of 5 years of construction industry safety experience or

· Three (3) years if they possess a Certified Safety Professional (CSP) or Certified Construction Safety and Health Technician (CSHT) Certification or

· Safety and Health Degree from an Accredited University or College.

2. Construction Quality Control System Manager shall have:

· A construction person with a minimum of 5 years in related work.

3. All other construction workers shall have OSHA’s 10-hour Construction Outreach Course and safety training that identifies hazards within their work environment.

4. Painter Qualifications

· Installer shall have a minimum of three (3) years-experience in the type of work stated in the attached specifications.

5. Rough Carpentry Installers

· Firm/Installer shall have a minimum of three (3) years-experience in the type of work stated in the attached specifications.

6. Joint Sealer Installers

· Installer shall have a minimum of three (3) years-experience specialized in installing joint-sealants similar in material, design, and extent to those indicated in the attached specifications and has a record of successful in-service performance.

7. Portland Cement (Stucco) Installer

· Installer shall have a minimum of three (3) years-experience in the type of work stated in the attached specifications.

8. Certified Industrial Hygienist (Lead-based paint removal/If lead paint is found after award)

· American Board of Industrial Hygiene Certification

9. State Certified Disposal Facility Certification (Disposal of Lead-based paint/If lead paint is found after award)

10. Lead-Based Paint Removal Contractor State Registration or License (If lead paint is found after award).

11. Testing Laboratory State Certification (Experienced in airborne, lead monitoring, testing and Reporting/If lead paint is found after award). Shall be:

· A successful participant in NIOSH Proficiency Analytical Testing (PAT) Program within prior 12 months.

· Accredited by American Industrial Hygiene Association (AIHA)

XVI. REQUIRED PROJECT SPECIFIC PLANS:

· Quality Control Construction Plan

· Accident Prevention Plan

· Demolition Debris Management Plan

· Environmental Protection Plan

XVII. POINT OF CONTACT:

Mr. Yasdany Suarez Morales Engineer WP: (520) 792-1450, x 3388 Email: yasdany.suarez.morales@va.gov

Appendix A - COVID Supplemental Language VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool., in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

SECTION E – INSPECTION AND ACCEPTANCE

See attached Specifications.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 DELIVERY SCHEDULE

Engineering Services 3601 S. 6th Avenue Tucson, AZ 85723

USA

(520) 792-1450, x1-3388 yasdany.suarez.morales@va.gov

PART II CONTRACT CLAUSES

SECTION 1 – CONTRACT CLAUSES

I.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 90 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 240 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

I.2 52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [X] By the end of the base term of the contract and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of Clause)

I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

(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 an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.] (End of Clause) I.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause— United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

I.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means any article, material, or supply incorporated directly into construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of ‘‘cost of components’’.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of…