36C78619B0004-013.docx

Section K

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 t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.

1 of 36C78619B0004 X 02-26-2019

835CM035

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services (43C2) 75 Barrett Heights Road, Suite 309 Stafford, VA 22556 Department of Veterans Affairs National Cemetery Administration Contracting Services (43C2) 75 Barrett Heights Road, Suite 309 Stafford, VA 22556 VA Tallulah Slater 540-658-7211 The Department of Veterans Affairs, National Cemetery Administration (NCA), anticipates awarding a Firm, Fixed Priced contract for the expansion of burial capacity at the Chattanooga National Cemetery located at 1200 N Bailey Avenue Chattanooga, TN 37404. The Contractor shall provide all labor, materials, equipment, and supervision required to construct 6,038 Pre-placed crypts (PPC) in three (3) burial fields, a new committal shelter (CCS) and cortege roadway, associated walks, landscaping, drainage, irrigation, sitefurnishings, and other infrastructure as necessary for the proposed expansion in accordance with the solicitation, Statement of Work, required permits, specifications, drawings, terms and con ditions.

Per VAAR836.204, Project Magnitude: Between 1,000,000.00 and 5,000,000.00

This acquisition is 100% set aside for Service-Disabled Veteran-Owned Small Businesses. Authority, 38 USC 8127(d). The North American Industry Classification System (NAICS) code is 237990 Other Heavy and Civil Engineering Construction Small Business Size Standard $36.5 Million.

Prospective SDVOSBs must be registered with the System for Award Management (SAM) website and complete representations and certifications at https://www.sam.gov. At the time of bid submission, prospective SDVOSBs must be registered and verified at https://www.vip.vetbiz.gov. Companies must have the Center for Verification and Evaluation (CVE) SDVOSB seal on their registration to be consi dered for an award; the VIP database will be checked both upon receipt of a bid

There will be ONE (1) organized site visit.

See 52.236-27 Site Visit on page 40 for site visit information.

Questions shall be submitted to tallulah.slater@va.gov no later than 4:00pm, EST, Thursday, March 21, 2019. Email must con tain the following in the subject line: Solicitation Number, Project Name, Cemetery Name, Project Number.

Telephone inquiries will not be accepted. Questions received after this date and time will not be accepted.

All bidders are instructed to include their DUNS and Tax Identification Number (TIN) in Block 14 of this form along with legal business name and address. The bidder shall include all Federal, State and Local taxes in their bi d, as per Federal Acquisition Regulation (FAR) Clause 52.229-3. The Government will not issue any tax exemption certificates.

The envelope enclosing your bid shall include the bidder's legal business/company name (as it is indicated in www.sam.gov), address, solicitation number located in Box 1 of this form, and information contained in Boxes 7 and 9a this form.

X X 52.211-10 X

4:00 PM EST

03-28-2019 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16.

REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON

AUTHORIZED TO SIGN OFFER

20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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 documen t.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 75 Barrett Heights Road, Suite 309 Stafford VA 22556 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall furnish labor and materials and perform work for construction to expand the burial capacity at Chattanooga National Cemetery (CNC), consisting of constructing 6,038 Pre-placed crypts in three burial fields, a new committal service shelter (CCS) and cortege roadway, associated walks, landscaping, drainage, irrigation, site furnishings, and other infrastructure as necessary for the proposed expansion. Work includes but not limited to removal of existing structures, alterations, excavation and regrading, walks & pavers, grading, temporary signage, curb & gutter, drainage, utility systems as shown on the drawings.

Section B

Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Section C

Page 1 of Page 1 of Invitation For Bid

SCOPE OF WORK

FOR

CEMETERY EXPANSION – Pre-placed Crypts chattanooga National Cemetery Project No. 835-035

A. PART I – PROJECT OBJECTIVES

A1. Statement of Work

1. Contractor shall furnish labor and materials and perform work for construction to expand the burial capacity at Chattanooga National Cemetery (CNC), consisting of constructing 6,038 Pre-placed crypts in three burial fields, a new committal service shelter (CCS) and cortege roadway, associated walks, landscaping, drainage, irrigation, site furnishings, and other infrastructure as necessary for the proposed expansion.

2. Work includes but not limited to removal of existing structures, alterations, excavation and regrading, walks & pavers, grading, temporary signage, curb & gutter, drainage, utility systems as shown on the drawings.

3. A complete set of the contract documents (drawings and specifications) are being provided as reference documents for the work described above.

A.2 General Conditions

· All work will be accomplished during normal business hours (8:00 am to 4:30 pm) Monday through Friday, except Federal Holidays.

· Before beginning any demolition work, the Contractor shall survey the site and examine the drawings and review the scope of work to determine the extent of the work. The Contractor shall take the necessary precautions to avoid damages to existing items to remain in place, to be reused or to remain the property of the Cemetery. Any damaged items shall be repaired or replaced at the Contractors expense as directed by the COR.

· Establish construction limits, install safety controls, and install construction fencing as approved by the COR.

· SITE SURVEY: Locate and stake/flag all underground utilities.

· SITE CLEARING: Remove Grass and other vegetation or obstructions as required to permit grading of the site within the project limits. Dispose/ haul away and dump trash, debris and waste to an approved disposal site.

· EROSION CONTROL AND SITE DRAINAGE: Contractor shall provide erosion control measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne dust.

· SITE GRADING AND FINISHING: Perform grading within the limits of the project to the lines, grades, and elevations indicated and as specified. Thoroughly clean up the work area at the end of each day’s work and at completion of the project. Leave premises clean and free of waste, scrap, used equipment or other material intentionally or incidentally delivered to the site by Contractor or Contractor’s personnel.

· LANDSCAPING: Provide turf grass sod to match existing species. The Contractor shall protect from damage all existing improvements, equipment, structures, facilities, grounds and utilities at or near the work site or adjacent property. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

· Upon completion of contact, deliver work complete and undamaged. Existing materials, equipment, structures, facilities, grounds and disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in good condition as existed before commencing work.

· Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the Contracting officer and the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.

· Thoroughly clean up the work area at the end of each day’s work and at the completion of the project. Leave premises clean and free of waste, scraps, used equipment or other material intentionally or accidentally delivered to the site by the Contractor or Contractor’s personnel.

· The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs and grass) on or adjacent to the work site not to be removed and do not reasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

· The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be made known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in the performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

· The Contractor shall coordinate with the Cemetery Director for parking, material storage, temporary portable restroom facilities and any other needs for the work. Public access to the National Cemetery shall not be impaired.

· Coordination of Construction with the Cemetery Director: The burial activities at a National Cemetery shall take precedence over construction activities. The Contractor must cooperate and coordinate with the Cemetery Director, through the COR, in arranging construction the construction schedule to cause the least possible interference with Cemetery activities in actual burial areas. Construction noise during the committal services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period.

A3. OTHER REQUIREMENTS:

· Contractor shall secure all necessary permits including any environmental permit required to meet compliance.

· Contractor shall coordinate with cemetery staff for all construction work to avoid or minimize any interruption of cemetery functions.

· Contractor shall investigate all on-site conditions including all utilities prior to construction.

· Contractor shall grade the site to maintain proper site drainage.

· Contractor shall provide daily progress summary and electronic photos to show construction progress through e-mail to the COR.

· Contractor shall provide a certificate of warranty for material supplied and workmanship for a minimum of one year from the date of acceptance.

· Contractor shall provide two copies of Operation and Maintenance Manuals, if required, at the final inspection.

· Contractor shall perform daily clean up and final clean up.

· Contractor shall dispose of all waste materials properly off site.

· Seal concrete.

· Protect existing roads and undisturbed infrastructures and environments.

· Repair and restore all damages to be as good as the original conditions or better due to construction activities.

· Prior to submitting any bid, a site meeting will be held and participants would include but not limited to the contractor, contracting officer and/or COR, Southeast District Engineer and the Cemetery Director. The purpose of the meeting would be to visit site locations, clarification of scope, and to thoroughly investigate the site to ensure a clear understanding of the project.

A4. Schedule

· The anticipated completion of this project is 240 calendar days after receipt of Notice to Proceed.

A5. Cost Range

· The magnitude of construction for this project is between $1,000,000 and $5,000,000.

A6. Definitions

· Construction contract as defined by the Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) for construction services for a specific project.

· Contracting Officer: The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer. The Contracting Officer is the only person authorized to obligate the government, interpret or change the contract.

· Project Manager / Contracting Officer’s Representative (COR): The COR is the Contracting Officer's authorized representative. The COR is responsible for protecting the Government's interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, approval of all submittals, samples, shop drawings, etc.

· Contract: This term, as used herein, refers to the Contract(s) to perform the construction of the project.

· Contractor: This term, as used herein, refers to the contractor under this contract.

A7. Location

· Chattanooga National Cemetery, TN.

B. PART II – RESPONSIBILITIES OF THE DESIGN-BUILD TEAM

· The section is not applicable for this IFB.

C. PART III - PROPOSAL REQUIREMENTS

· The section is not applicable for this IFB.

1. Shop drawings and submittals - The Contractor shall be responsible to ensure that the VA COR review shop drawings, detail drawings, schedules, descriptive literature and samples, and review the color, texture and suitability of materials for conformity with the contract documents. The COR shall recommend approval, disapproval, or other suitable disposition. The VA COR will have final approval authority.

2. Other submittals – The Contractor shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA IFB specifications, to the VA COR.

3. Project record drawings - The Contractor will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the IFB specifications. The project record drawings will be available for review by the VA COR at all times.

D3. Project Close-Out

· The Contractor shall comply with the requirements in the “General Conditions”, and “General Requirements”, for submission of final IFB as-built drawings, manuals, and other documents as noted. Required as-built drawings and specifications will be submitted in the same format required for the construction documents.

D4. Site Visits and Inspections

· At the behest of the Contractor, the VA COR/inspector shall observe the construction, advise the contractor of any deviations or deficiencies or solutions to issues discussed.

D5. Historical Preservation Notifications The Chattanooga National Cemetery is listed in the National Register of Historic Places (NRHP). The proposed scope of work for this project is subject to compliance with Section 106 of the National Historic Preservation Act (P.L. 89-665, as amended) and reviewed by the National Cemetery Administration (NCA) Historic Architect (HA), who consulted with the Tennessee State Historic Preservation Office prior to work commencing. Proposed work, methods and treatments should meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The Contractor shall not be responsible for submissions to State agencies.

CHATTANOOGA National Cemetery Cemetery Expansion, PPCs Project No. 835-035

- E N D OF SOW -

Page 1 of

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] Section D

Page 1 of

SECTION E - INSPECTION AND ACCEPTANCE

Section E

Page 1 of

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 240 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 TBD. 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.

Section F (End of Clause) Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G - CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: [TBD]

b. GOVERNMENT: Contracting Officer, Tallulah Slater Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556

2. ( [X] 52.232-34, Payment by

Electronic

Funds

Transfer—Other

Than

System for

Award

Management, or 52.232-36, Payment by

Third

Party )CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Section G http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ Page 1 of

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

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

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

(End of Clause)

I.2 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Veteran-owned small business or VOSB.”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans;

(ii) The management and daily business operations of which are controlled by one or more veterans;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov): and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Veteran” is defined in 38 U.S.C. 101(2).

(b) General.

(1) Offers are solicited only from verified veteran-owned small business concerns. All service-disabled veteran-owned small businesses are also determined to be veteran-owned small businesses if they meet the criteria identified in paragraph (a)(1) of this section. Offers received from concerns that are not veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified veteran-owned small business concern.

(c) Agreement. A veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a veteran-owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB and/or VOSB as appropriate.

(e) Any veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

I.3 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) I.4 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Provision) I.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of Clause)

I.6 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 237990 assigned to contract number .

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

(End of Clause)

I.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause— “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

I.8 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause) I.9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded…