36C78618Q9585-004.docx
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- M&R NORTH ATLANTIC DISTRICT. Tree Removal - Baltimore National Cemetery. M&R PROJECT #802-MR-20
- Solicitation number
- 36C78618Q9585
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36C78618Q9585 Provisions and Clauses.docx
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PROVISIONS AND CLAUSES
The full text of FAR provisions and clauses may be accessed electronically at:
http://farsite.hill.af.mil/ and https://www.acquisition.gov/?q=browsefar The following solicitation provisions apply to this acquisition:
FAR 52.204-7 System for Award Management FAR 52.212-3 Offeror Representations and Certifications – Commercial Items FAR 52.215-1 Instructions to Offerors – Competitive Acquisition FAR 52.216-1 Type of Contract FAR 52.219-1 Small Business Program Representation
| FAR 52.222-23 | Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction |
| FAR 52.225-10 | Notice of Buy American Requirement-Construction Materials |
| FAR 52.228-1 | Bid Guarantee |
| FAR 52.233-2 | Service of Protest |
FAR 52.232-15 Progress Payments Not Included FAR 52.237-1 Site Visit FAR 52.252-1 Solicitation Provisions Incorporated by Reference FAR 52.252-3 Alterations in Solicitation FAR 52.252-5 Authorized Deviations in Provisions VAAR 852.273-74 Award without Exchanges Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 “Offerors Representations and Certifications – Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.
The following solicitation clauses apply to this acquisition:
FAR 52.203-3 Gratuities FAR 52.203-5 Covenant Against Contingent Fees FAR 52.203-7 Anti-Kickback Procedures.
| FAR 52.203-10 | Price or Fee Adjustment for Illegal or Improper Activity |
| FAR 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions |
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.
| FAR 52.204-4 | Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| FAR 52.204-9 | Personal Identity Verification of Contractor Personnel |
FAR 52.204-12 Unique Entity Identifier FAR 52.204-18 Commercial and Government Entity Code Reporting FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.211-11 Liquidated Damages – Supplies, Services, Or Research & Development FAR 52.211-18 Variation in Estimated Quantity FAR 52.212-4 Contract Terms and Conditions – Commercial Items FAR 52.216-17 Incentive Price Revision – Successive Targets FAR 2.216-24 Limitation of Government Liability FAR 52.216-25 Contract Definitization
| FAR 52.222-4 | Contract Work Hours and Safety Standards -Overtime Compensation |
| FAR 52.222-7 | Withholding of Funds |
| FAR 52.222-8 | Payrolls and Basic Records |
| FAR 52.222-9 | Apprentices and Trainees |
| FAR 52.222-10 | Compliance with Copeland Act Requirements |
| FAR 52.222-11 | Subcontracts (Labor Standards) |
| FAR 52.222-12 | Contract Termination-Debarment |
| FAR 52.222-14 | Disputes Concerning Labor Standards |
| FAR 52.222-15 | Certification of Eligibility |
FAR 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
| FAR 52.222-27 | Affirmative Action Compliance Requirements for Construction |
| FAR 52.222-30 | Construction Wage Rate Requirements–Price Adjustment (None or |
Separately Specified Method) FAR 52.223-3 Hazardous Material Identification and Material Safety Data FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transaction Relating to Iran – Representation and Certifications.
FAR 52.227-1 Authorization and Consent
| FAR 52.228-5 | Insurance-Work on a Government Installation |
| FAR 52.228-14 | Irrevocable Letter of Credit |
| FAR 52.228-15 | Performance and Payment Bonds-Construction |
| FAR 52.229-3 | Federal, State and Local Taxes |
| FAR 52.232-1 | Payments |
| FAR 52.232-5 | Payments Under Fixed-Price Construction Contracts |
| FAR 52.232-23 | Assignments of Claims |
| FAR 52.232-39 | Unenforceability of Unauthorized Obligations |
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
| FAR 52.236-1 | Performance of Work by the Contractor |
| FAR 52.236-2 | Differing Site Conditions |
| FAR 52.236-3 | Site Investigation and Conditions Affecting the Work |
| FAR 52.236-5 | Material and Workmanship |
| FAR 52.236-6 | Superintendence by the Contractor |
| FAR 52.236-7 | Permits and Responsibilities |
| FAR 52.236-8 | Other Contracts |
| FAR 52.236-9 | Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements |
| FAR 52.236-10 | Operations and Storage Areas |
| FAR 52.236-11 | Use and Possession Prior to Completion |
| FAR 52.236-12 | Cleaning Up |
| FAR 52.236-13 | Accident Prevention |
| FAR 52.236-14 | Availability and Use of Utility Services |
| FAR 52.236-17 | Layout of Work |
| FAR52.242-13 | Bankruptcy |
FAR 52.242-15 Stop-Work Order FAR 52.242-14 Suspension of Work FAR 52.242-17 Government Delay of Work
| FAR 52.243-4 | Changes – Fixed-Price | |
| FAR 52.244-6 | Subcontracts for Commercial Items | |
| FAR 52.246-12 | Inspection of Construction | |
| FAR 52.246-21 | Warranty of Construction | |
| FAR 52.247-33 | F.O.B. Origin, with Differentials | |
| FAR 52.248-3 | Value Engineering-Construction | |
| FAR 52.249-2 | Termination for Convenience of the Government (Fixed-Price) (Alternate I) | |
| FAR 52.250-1 | Indemnification Under Public Law 85-804 FAR FAR 52.251-1 | Government Supply Sources |
| FAR 52.252-6 | Authorized Deviations in Clauses | |
| FAR 52.253-1 | Computer Generated Forms |
FAR 52.203-99 (Deviation) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements VAAR 852.203-70 Commercial Advertising VAAR 852.211-70 Service Data Manuals VAAR 852.211-74 Liquidated Damages VAAR 852.215-70 Service Disabled Veteran Owned and Veteran Owned Small Business Evaluation Factors VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside VAAR 852.232-72 Electronic Submission of Payments Requests VAAR 852.246-70 Guarantee VAAR 852.246-71 Inspection FAR 52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (January 2017) the following subparagraphs of FAR 52.212-5 are applicable:
(b)(4), (b)(19), (b)(21), (b)(22), (b)(25), (b)(26), (b)(27), (b)(28), (b)(28)(Alt I), (b)(30), (b)(33)(i), (b)(34), (b)(44), (b)(48), (b)(51)
001AL-11-15-1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE
(JUN 2011)
This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set Aside (DEC 2009). Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.
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