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NRM - MIDWEST DISTRICT. Project: 909-18-107 “Honor Guard Building Repairs
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PAGE OF PAGES

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 36C78618Q0292 05-01-2018 Department of Veterans Affairs NCA Contracting Service 425 I Street, NW Washington, DC 20001

Within forty-five (45) of NTP Javoil Powell 540 658 7228 Department of Veterans Affairs National Cemetery Administration 425 I Street Washington

DC

20001 05-22-2018 Restoration and improvements to the Honor Guard Building at Fort Custer National Cemetery.

See SOW Attached.

This is 1 job for the cemetery.

NAICS 238220/$15 Million Please see organized site visit information in solicitation.

This solicitation closes out on 22 May 2018 at 1600 hrs.

Delivery Schedule; within (45) days of receipt of NTP IAW VAAR 836.2041| Disclosure of the magintude of construction projects Between $25,000 and $100,000.

Award will be made to the reasonable offer whose quote conforms to this RFQ and is most advantageous to the Government, considering price only.

This procurement has been set aside for 100% SDVOSB.

Quotes require a pricebreakdown. No lumpsum quotes. Submit questions via email to Javoil.Powell@va.gov. Questions must be received via email only, NLT 05/10/18 at 4:00 p.m. EST.

X Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS9
2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)9
2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)9
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)10
2.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)11
REPRESENTATIONS AND CERTIFICATIONS12
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)12
GENERAL CONDITIONS16
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)16
4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)16
4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)16
4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)18
4.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)20
4.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)22
4.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)22
4.8 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)23
4.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)23
4.10 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)25
4.11 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002)25
4.12 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)26
4.13 VAAR 852.236-76 CORRESPONDENCE (APR 1984)26
4.14 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)26
4.15 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)26
4.16 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)27
4.17 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984)27
4.18 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)30
4.19 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)30
4.20 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)31
4.21 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)31
4.22 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)31
4.23 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)33
4.24 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)34
4.25 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)34
4.26 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)35

A.1 STATEMENT OF WORK

Project No. 909-18-107 Scope of Work Fort Custer National Cemetery Honor Guard Building Repairs- FCA Deficiency Corrections

Provide all labor, materials, tools, equipment, transportation and supervision for the restoration improvements to the Honor Guard Building. The work includes removing the electric register heat units and replace with an HVAC ductless mounted split system, remove and replace the row of upper fixed windows, remove the old floor tile and wall base and replace with epoxy flooring and new wall base, replace the lights, replace the bathroom fixtures (to Architectural Barriers Act Accessibility Standards - ABAAS) and fan, paint the interior rooms and exterior wood and door, replace the exterior vinyl siding, add heat wire to the roof, gutters and sanitary sewer line, all for the Honor Guard Building at the Fort Custer National Cemetery, Augusta, MI. The work includes site investigation to verify all measurements and site conditions before start of the work and the ordering of any materials. All work shall be performed in a professional workmanship like manner. All adjacent disturbed surfaces shall be repaired to the same quality standards of the existing work and shall also match the adjacent areas. Properly remove and dispose all debris from government property. All work must be in accordance with applicable federal, state and local codes and regulations. The contractor shall be responsible for any applicable permits. All electrical work shall be in accordance with the latest edition of the National Electrical Code (NEC). A pre-bid visit by the bidder is required to get an accurate understanding of the work. All work must be done in strict accordance with the manufacturer’s requirements and installation guidelines and shall be performed by a licensed full time professional with two or more years of experience in the respective trade. The cemetery staff will be responsible for relocating/moving the unsecured items on the floor away from the work area, contractor to provide adequate notice (2 weeks). Contractor will be responsible for temporarily removing any items that are mounted to the floor (and re-installing) if they are in conflict with the proposed work.

1) Provide a new HVAC ductless mounted split/mini split system (heating and cooling) in the Honor Guard Building.

a) The outdoor compressor shall have a minimum 2 ton capacity capable of providing near 100% of rated heating capacity at minus 4 degrees Fahrenheit and provide heat when outside temperatures reach minus 13 degrees Fahrenheit. The energy efficiency rating SEER shall be a minimum of 14.

b) Provide a minimum 4 VRF indoor ductless mounted mini split units in each room of the building (total area approximately 650 S.F. with varying ceiling height - approx. 8.5’ to 16’ ceilings).

c) Centralized controls shall be located in coordination with the COR.

d) The work shall be as specified and installed in accordance with the system manufacturers written installation instructions. The units shall be sized to properly heat and cool the existing spaces for the region, and the building insulation level. Assume un-insulated exterior masonry walls and field verify ceiling insulation thickness and conditions. Field verify all dimensions and conditions prior to determining the Btu/h requirements and condensate drainage locations.

e) Condensate drainage location shall be approved by the COR. Exterior compressor mounting locations shall be approved by the COR.

f) Provide calculations to show the Btu/h requirements each zone, and properly size each unit for each zone taking into account the volume, insulations, heat loading, building orientation for solar gain, frequency of use and frequency of door openings. Locate units to allow even temperature control in each zone.

g) Provide a shop drawing showing the proposed location of each unit to be approved by the COR. Indicate the condensate drain line connection locations on the shop drawing. Properly size the units so that humidity removal is maximized. Do not oversize or undersize the units.

h) Provide quality name brand equipment such as Daikin, Hitachi, Mitsubishi, Fujitsu, LG. No made in China off brands will be considered. The manufacturer must be in the business of manufacturing Split system units for at least 10 years.

i) Drain all condensate using non corrosive pans and piping. Plumb all drain lines to existing storm and sanitary drains and vent pipes as allowed by code and as recommended by the equipment manufacturer.

j) Provide a disconnect switch (Serviceman Disconnect) adjacent to the outside compressor per the NEC.

k) All work shall be as specified and shall be in accordance with the manufacturer’s instructions and recommendations and in accordance with all Code requirements.

2) Remove for disposal, the existing wall mounted air handling heat pump units (4 total). The work shall also include the repair of the openings in the wall with the same quality of material (i.e., concrete block, prime & paint, etc.), insulation and standards as the existing adjacent area and shall also match the adjacent areas. Remove all applicable electrical connections to the circuit panel.

3) Provide interior painting (minimum 2 coats of high grade paint) to all paintable surfaces including walls (painted concrete block wall and gypsum board), normal & elevated ceiling (gypsum board), doors and frames (interior and exterior doors), vents, metal covers, coat/hat hook boards, exposed conduit, etc. throughout the building except for the mop room/closet which is not part of the area to be painted. The work includes all preparation work as needed including patching of holes and other imperfections, the appropriate masking of protected areas such as floors, wall mounted items, etc. as well as the temporary removal (to be re-used) and replacement (re-install) of any items attached to the wall or floor mounted items as required to perform the work (incidental to the project). All painting and painting preparation shall be in accordance with the paint manufacturers written recommendations. All painting shall be performed by a licensed painter or painting company that works as full-time painters and has two or more years of experience in interior painting of offices. Color to be approved by the COR

4) The lay-in ceiling tiles (old and stained) in the locked armory room (Approx. 7’ x 12’) containing the large safe will need to be replaced with new tiles of equal (or better) quality, color, style, dimensions and type (metal frame and supports to remain in place). Ceiling tiles to be approved by the COR.

5) Remove the existing flexible wall base around the perimeter of the floor as well as the old adhesive/glue and replace with new commercial grade wall base of equal (or better) quality, style, dimensions and type all in strict accordance with the manufacturer’s requirements and installation guidelines. Color to be approved by the COR.

6) Remove the existing VCT tile (approx. 650 s.f.) throughout the interior building floor area (including the mop room/closet area) and replace with a layered epoxy coating (4-step Process: Base coat, top coat, full distribution of ¼”vinyl chips and course anti-slip clear coat).

a) The cemetery staff shall be responsible for relocating/moving the unsecured items on the floor away from the work area. Contractor shall provide adequate notice (approximately 2 weeks) in order to schedule the staff and move the items away from the work area. Contractor will be responsible for temporarily removing any items that are mounted to the floor (and re-installing) if they are in conflict with the proposed work.

b) The contractor shall remove the tile as well as the old adhesive/glue/grout from the bare concrete floor in strict accordance with the manufacturer’s requirements and installation guidelines (i.e. Diamond grind the entire surface). Repair all cracks, spalling, etc. and regrind so that the repair areas are flush with the concrete. Sweep and vacuum, then re-scrape the concrete surface to ensure all areas are properly prepared for the epoxy coating. Remove and dispose all debris from government property.

c) The contractor shall procure and apply the epoxy base coat, the top coat (both UDT Fast-Curing Epoxy), the ¼” vinyl chips/flakes (anti-slip) and one clear coat (UDT Ultraspartic-Polyaspartic Urethane- course anti-slip) over the entire area identified all in strict accordance with the manufacturer’s requirements and installation guidelines. The COR shall determine the colors to be selected prior to ordering of materials from the range of available options.

7) The shop lights over the firearm cleaning station need to be removed and replaced with 2 overhead ceiling lights, each to have their own switch (switch installation incidental to the project). The ceiling lights (attach to the ceiling) shall each be a T8 LED tube (2 tubes, 4’ long, 16 Watts each, 3500K color temperature) closed commercial (sturdy) style light.

8) Remove and replace the toilet and 2 urinals and replace with new (procure and install) with auto sensor (battery operated) flush toilet/urinals as well as (remove and replace) the sink and faucet with paddle handles, all that are similar in style, make and model and follow ABAAS requirements (toilet height-i.e. 19” to top of seat, urinal height, sink height, paddle handles for faucet, exposed pipe insulated/covered, quality, etc.).

9) The bathroom fan, cover, outside cover and switch shall be removed and replaced with new (procure and install) commercial grade fan, cover, outside cover and switch sized to properly handle the volume of space with low noise and to endure elements of the harsh weather and an outside screen protection. Thoroughly clean out the vent line from debris, dirt, grime, etc. (incidental to the project). All construction work associated with this replacement is considered incidental to the project, i.e. removing the fan and cover, repairing the inside and outside wall, sealing outside cover, installing the electrical components, etc.

10) Remove, procure and install the commercial grade transom style stationary (fixed framed) windows (10 each) located high above the main floor. The existing windows are inefficient/outdated and need to be removed, disposed of and replaced with a structurally fully reinforced fiberglass framed window with a double pane glass (double glazed) and be energy efficient (low U-value, Low-E coating, Energy Star Certified, etc.). Window replacements shall fit the openings precisely without the use of expansion pieces or fillers. Replace all the aluminum flashing/trim (wide and narrow sections) above and below the windows with matching color to the vinyl siding. Paint to match exterior and interior of fiberglass frame if factory color stain is unavailable. All construction work associated with this replacement is considered incidental, i.e. trim/flashing removal & replacement, drywall repair, painting, sealing/caulking, roof and/or siding work, etc.

11) Remove (demo existing vinyl siding), procure and install thick grade (0.046” thick) vinyl siding (Acrylic Capped Vinyl) and trim to the exterior from a reputable manufacture (i.e. Alside, Certain Teed, etc.) that contains titanium dioxide for good colorfastness (low fading/UV inhibitor) and has color throughout the panel with high-quality pigments with a minimum 25-year warranty. The new siding should have a double-hem nailing area (use corrosion resistant-nails) and come in extra-long panels to create a smooth seamless look. The profile and color shall match Committal Shelter B located a short distance along the dead-end road. The work includes all preparation work as needed i.e. remove and re-install or work around or frame around signs, downspouts, hose bibs, electrical conduit, gas line, louvers, boxes, lights, outlets, building corners, etc. All penetrations into the vinyl siding will need to be properly sealed from moisture infiltration.

12) The existing air vents in the exterior siding areas allow wind driven rain to enter the openings. These vents shall be replaced with a profile design that protects this from occurring and is capable of enduring the harsh weather and matches/blends with the new vinyl siding.

13) Procure and install aluminum trim on all exposed exterior wood not currently covered and replace all the old trim (not the copper trim) with new aluminum trim that is currently covered i.e., door frame, building corners, wood around windows, etc. Any and all exposed exterior wood areas unable to have aluminum trim installed shall be painted as well as the exterior metal door (old paint/loose material scrapped, high grade prime coat and 2 coats of high grade paint).

14) Provide basic maintenance/repairs to the whole/entire copper standing seam roof area, copper gutters, copper downspouts and copper trim including the vent stacks in the roof, i.e. Flashing repairs, sealing/caulking, loose pieces/sections/fasteners to be re-secured, etc. Assume all seams, fasteners, corners, penetrations etc. will need repair/maintenance attention.

15)Along the front side and back side of the roof and gutter, provide heat wire (design intent Heat Trace Specialists) using a single pass, serpentine method (zig-zag) 3-feet up along the rib of the roof, cross the same rib (secure with standing seam cable clip from Heat Trace Specialist) and return to the gutter section below. Keep the roof cavity open as the rib will help protect the cable from getting damaged when debris slides down the roof. The gutter currently has a wire mesh guard to protect debris from entering the gutter. The temporary removal (reuse) and re-installation of the gutter guard is incidental to the project as well as cleaning the gutters of all debris and dirt as well as the wasp nests under the gutter, prior to the installation work. The heat wire will need to also be installed in all the downspouts (2 passes of cable), secure with the downspout hanger kit from Heat Trace Specialist. The shallow sanitary sewer line (2 passes of cable) exiting the building also has issues with freezing. Install the heat wire from the inside of the building (preferably down the vent pipe) to the connecting sanitary manhole across the street (approx. 200’ in length). Cleaning/removing (flushing) the debris and dirt from the sewer line is incidental to the project. The heat wire shall be HTS-6 self-regulating commercial grade heating cable designed for use in both indoor and outdoor locations. The cable consists of 2 bus wires (16 Gauge nickel coated copper), Conductive Core (self-regulating, irradiation crosslink), Inner jacket (Modified Polyolefin, Metallic Overshield (Tinned Copper) and Outer Jacket (Modified Polyolefin-Black). Protect the outer jacket from all sharp edges in corners, downspout outlets, etc. Splices in the cable could result in moisture penetration, therefore ‘single pass’ is strongly preferred, if not possible the splice will need to be waterproof from an acceptable company approved by the COR. All construction work associated with this including all the necessary electrical connections inside and outside the build is considered incidental, i.e. Thermostat, cleaning of gutter and sewer including wasp nests underneath gutter, re-installing gutter guard, measuring proper quantity of heat wire to complete the project, properly connecting heat wire to breaker box, attaching required electrical junction boxes (internal or external), wall holes to be drilled and sealed, accessing the sanitary sewer, properly connecting and securing the heater wire, etc. All electrical work shall be in accordance with the latest edition of the National Electrical Code (NEC).

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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:

Goals for minority participation for each trade
Goals for female participation for each trade
5.9 %
6.9 %

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

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)

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2016
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
JUL 2016
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $15 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 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, 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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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

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

(ix) 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.

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

(xi) 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 applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 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.

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

(xviii) 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.)

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

(xx) 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 applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiii) 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.

(xxiv) 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 via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database 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.

FAR Clause #
Title
Date
Change

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)

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 52.211-10 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 15 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 45 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 . 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)

FAR Number
Title
Date
52.219-27
NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE
NOV 2011

4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

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

(d) 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.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) 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 that the data have been validated or updated, and provide the date of the validation or update.

(f) 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 (e) or (g) of this clause.

(g) 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:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238220 assigned to contract number .

[Contractor to sign and date and insert authorized signer's name and title].

(End of Clause)

4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(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 item (as defined in paragraph (1) of the definition at 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) An unmanufactured construction material mined or produced in the United States;

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 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; or

(ii) The construction material is a COTS item.

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

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3)…

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