36C78619Q0347-001.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 of 36C78619Q0347 06-11-2019 8479-000008

NRM 847-19-201

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 155 Van Gordon Street, Suite 510 Lakewood

CO

80228 See Block 7.

Jerry L. Hodson Jr.

303-914-5718 The National Cemetery Administration is soliciting quotes for Construction renovation work.

This is a 100% set-aside for Service Disabled Veteran OwnedSmall Business (SDVOSB).

Project Description: Contractor shall furnish all labor, material, tools, equipment, and supervision to:

Renovate the interior of the Administration office building (former lodge) at Fort Smith National Cemetery including but not limited to minor demolition, drywall installation and finishing, flooring (porcelain and luxury vinyl tiles), wall and trim painting, millwork replacement, staircase renovation, and bathroom and kitchen remodel in accordance with drawings, specifications, and per applicable standards and requirements.

The NAICS Code is: 236220 with a Small Business size standard of $36.5 million.

Per VAAR 836.204, The construction magnitude for this requirement is between $25,000 and $100,000.

Note: A Payment Bond is required 10 days after award.

A site visit is highly encuraged. See 52.236-27 for site visit information.

Questions shall be submitted to jerry.hodson@va.gov by 10:00am, two days after the site visit.

Email subject line must contain the following in the subject line: Solicitation Number and Project Name.

Telephone inquiries will not be accepted.

Completed and signed quotes shall be submitted through the Department of Veterans Affairs - Electronic Contract Management System (eCMS) Vendor Portal website to be considered. Go to https://www.vendorportal.ecms.va.gov to register. Offers will not be accepted by other means.

Please provide the following information:

Name of Primary Point of Contact:______________________________

Telephone #:___________________________________

EMAIL: _______________________________________

DUNS:________________________________________

X X X 10:00 am MT 07-11-2019 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

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

CLIN-0001: $________________________________

The Contractor Shall furnish all labor, material, tools equipment, and supervision necessary to:

Renovate the administration Building Interior ALL in accordance with SOW, specifications, drawings, per applicable codes, standards, and requirements.

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 155 Van Gordon Street, Suite 510 Lakewood, CO

80228 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 Jerry L. Hodson Jr.

Table of Contents

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

CONTRACT ADMINISTRATION DATA

1. Contract Administration:

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT:

Contracting Officer: Jerry L. Hodson Jr.

Phone: 303-914-5718 Email: jerry.hodson@va.gov Contracting Officer Representative: TBD

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the Contractor shall be made in accordance with:

[X] 52.232-34, Payment by Electronic Funds Transfer -

3. INVOICES: Invoices shall be submitted in arrears:

[X] [Monthly]

4. GOVERNMENT INVOICE ADDRESS:

All invoices from the contractor shall be sent electronically by following instruction as stated at website: http://www.fsc.va.gov/einvoice.asp See VAAR clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012).

5. ACQUISITION: Total (100%) Service Disabled Veteran Owned Small Business Set-Aside: This is a solicitation for construction services prepared in accordance with the format in FAR part 13 and 36. The contract will be awarded by Government to furnish those construction tasks as stated in the SOW. The Government anticipates awarding this solicitation as a fixed-price contract.

Historical Data:

Incumbent Contractor: NONE

6. TYPE OF CONTRACT: This is a fixed-price requirement contract in accordance with FAR 52.216-1 Type of Contract.

7. CONTRACT AWARD: The contract will become effective as soon as practical with no additional cost to the Government for any elapsed time from the original effective date. It is also, understood and agreed that the effective date of this contract will be contingent upon the availability of appropriated funds and in the event appropriations are not available.

8. AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as the Contracting Officer's Representatives (COR). Only the Contracting Officer has the authority to make changes to the contract.

9. CONTRACTOR’S FOREMAN/SUPERVISOR: Contractor must provide an English-speaking foreman /Supervisor at all times while performing the duties of the contract. This is to ensure proper communication between the Contractor and COR.

10. SITE VISIT: See 52.236-27 for site visit information.

11. PRE-CONSTRUCTION CONFERENCE: Prior to commencement of work, Contractor shall attend a pre-construction conference to assure that all parties understand all contractual obligations and the role that each party serves.

12. FEDERAL HOLIDAYS:

January New Year’s Day, Martin Luther King’s Birthday February President’s Day May Memorial Day July Independence Day September Labor Day October Columbus Day November Veterans Day, Thanksgiving Day December Christmas Day

Including any other day specifically declared by the President of the United States to be a national holiday.

13. LIMITATIONS ON SUBCONTRACTING – MONITORING AND COMPLIANCE:

This contract includes (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. 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.

14. RELEASE OF CLAIMS:

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relation to the contract. The Release of Claims form provided by the CO shall be used for this purpose. The form provides for exception of specified claims from the operation of release. Request a copy from the CO.

*** (End of Administrative Data) ***

SOLICITATION INSTRUCTIONS:

ALL QUOTE PREPARATION COSTS WILL BE THE SOLE RESPONSIBILITY OF THE OFFEROR. THE GOVERNMENT WILL NOT REIMBURSE ANY FIRM FOR THEIR QUOTE PREPARATION COSTS.

QUOTE SUBMISSION

A. GENERAL: Submit, at a minimum, an offer that conforms to the solicitation documents. By submission of an offer in accordance with the instructions provided in this section, the offeror unconditionally assents to the terms and conditions in this solicitation document and in any solicitation attachments.

Submit an offer complies with the format, content, and submission instructions contained in this section. Offerors should carefully review this section prior to commencing quote preparation.

B. SUBMISSION INSTRUCTIONS: Offerors shall submit their quotes to the following server no later than date and time noted in the SF 1442. Quotes will be accepted and considered for award of a firm-fixed price contract. Submitted quotes that do not meet the following instructions may be determined to be nonresponsive and will not be considered for award.

Quotes submitted via email without set requirements will not be accepted and will be considered to be nonresponsive. Late or incomplete Quotes will also be considered to be nonresponsive.

Offers are NOT authorized to submit quotes packages by US mail; CD versions; Email; or Fax.

***Questions pertaining to this solicitation shall be sent by email to: jerry.hodson@va.gov by 10:00 am MT two (2) days after the scheduled site visit. Responses to all questions received by this date will be posted on FedBizOpps.gov under an amendment. Telephone inquiries will not be accepted.

D. REGISTRATION:

Prospective awardees MUST be registered with SAM at http://www.sam.gov, and Active/Verified as an SDVOSB in the VETBIZ database, AT THE TIME OF QUOTE SUBMISSION and thru final payment of invoice. Failure to be registered at the time of submission of an offer/quote will render a firm’s offer/quote ineligible for further consideration. Prior to Award and through final payment, and the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to award and through final payment. Contract will not be awarded until SAM registration has been completed. “Certifications and Representations”, indicate whether contractor has completed the annual representations and certifications electronically at http://www.sam.gov and submit the appropriate information according to the first paragraph within the clause.

E. QUOTE FORMAT:

The quote package shall contain the following (in addition to submission criteria identified elsewhere):

VOLUME I. Technical Quote: Technical Approach and Capacity, Project Details, Draft Schedule, Subcontractor’s Social Economic Status and Past Performance.

Technical Approach: This section of the technical quote should describe the proposed approach to performing the requirement. It should also include the additional information noted in the Comparative Evaluation technical approach section.

A. Experience: The Contractor shall provide sufficient project details with their technical proposal to demonstrate experience with at least three (3), but not more than five (5), building interior renovation projects of similar size, scope, and using similar materials and methods over the past five (5) years. Each contract submitted must have been satisfactorily completed, or if not yet completed, must be marked by satisfactory progress. The Government will not consider a contract that is less than 50% complete or an effort that concluded more than 5 years ago. Contractor shall provide customer points of contact for each project listed.

B. Qualifications of Contractor Supervisor/Superintendent: The Contractor On-Site Supervisor must have not less than five (5) years of experience as a direct supervisor of interior finishes renovation and carpentry. Offerors shall submit a resume for the Contractor On-Site Supervisor as part of the technical proposal. All permanent substitutions, whether of prime supervisors or sub-contractors, will be identified and reported to the COR and Contracting Officer, if not prior to, as soon as possible after occurrence.

Subcontractor’s Social Economic Status: (i.e. Service Disable Veteran Owned Small Business/Veteran owned, etc…).

Past Performance: The offeror shall use the form entitled “S02_Attachment-5 Business Management-Past Performance Questionnaire" in the Quote Submission Package. A separate form shall be submitted for each individual project. The offeror shall limit submissions to no more than a total of FIVE projects.

The offeror should disclose any instances in which its past performance on a particular contract may be considered by others to be less than fully satisfactory by including or attaching a narrative to the Technical Volume. Any termination(s) shall be included as well with Contractor’s explanation for why it was terminated. The offeror should relate pertinent facts and circumstances and describe any remedial action taken or to be taken to correct the deficiency. Failure to disclose such instances may result in a determination that the offeror has been less than candid with the Government, which could result in an unfavorable assessment of the offeror's past performance record.

The Government reserves the right to limit the number of references it ultimately contacts and to contact references or use sources other than those provided by the offeror to obtain information related to past performance. Other sources include, but are not limited to, the Past Performance Information Retrieval System; Federal, State or local Governmental agencies; and private sector businesses. Exchanges between the Government and the offeror may occur to clarify the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond.

VOLUME II. Price Quote; Completed and signed SF-1442, pages 1 and 2 with any issued Amendments signed (if and as released); An authorized official of the firm shall sign the Standard Form 1442 (SF 1442) and any Amendments. An Acrobat PDF file shall be created to capture the signatures for submission. Offerors shall agree to hold firm their pricing for 100 days.

Standard Form 1442, Solicitation Offer, and Award: Complete blocks 14 through 20C only. An official having the authority to contractually bind the company must sign the SF 1442 in accordance with the procedures prescribed in FAR 4.102.

Acknowledgement of Amendments: Acknowledge all solicitation amendments in block 19 of the SF1442 or by submitting the SF30 with blocks 15 a, b, c filled in and return signed.

Contract Price Schedule: Enter the proposed dollar amount for each line item in the price schedule, including any optional items, if a schedule is included in the solicitation or fill in block 17 of the SF1442 if a schedule is not included. Offeror’s price quote shall be detailed to include, but not limited to, Material costs, Equipment costs, Labor costs, profit, and bonding costs. Offerors shall agree to hold firm their pricing for 100 days.

Representations, Certifications and Other Statements of Offerors: Complete all required representations and certifications if they are not available at www.SAM.gov. NOTE: Current, active registration at www.SAM.gov and www.vip.vetbiz.va.gov are requirements of this contract; the Government highly recommends completing registrations before submitting the offer.

VOLUME III. Other Quote Documents; Licenses, Certifications, Insurance, Resumes, etc.

See table below to summarize how to submit a quote. PDF is the acceptable format for submission of quotes. No TIFF or PNG files will be accepted. JPEG documents are reserved for pictures only.

Volume I

Volume II

Volume III

Technical Narrative and related information

Business Management-Past Performance Questionnaires

SF-1442 with completed blocks 10, 14, 15, 17, 19, and 20(a, b & c); and

Amendments

Certifications, Licenses, OSHA certs, Insurance, Resumes, as applicable.

Company name VOLUME I-Technical Quote In PDF

Company name VOLUME II- Price Quote

SF 30s

Company name VOLUME III- Other Docs

15 pages

6 pages for Prime 6 pages each Sub (if any).

10 pages

Completed SF30 of each posted Amendment

No Limits

Format: The submission shall be clearly indexed and logically assembled to the extent feasible. A cover page and/or table of contents which are not required, will not be included in the page count of the Technical Volume if included in the Volume. All documents shall be formatted as a PDF document.

· Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer

· Quote page limitations are applicable to this procurement.

· The table below indicates the applicable maximum page count for each volume of the Offeror’s quote.

· Digital page size shall be no greater than 8 1/2" x 11". The top, bottom, left, and right margins shall be a minimum of one (1) inch each.

· Font size shall be no smaller than 11-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale.

· Tables and illustrations may use a reduced font size no smaller than eight (8)-point and may be landscape.

· Line spacing shall be set at no less than single space.

· Each paragraph shall be separated by at least one blank line.

· Page numbers, company logos, and headers and footers may be within the page margins only and are not bound by the 11-point font requirement.

· Footnotes to text shall not be added.

· If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below.

· Pages in violation of these instructions, either by exceeding the margin, font, or spacing restrictions or by exceeding the total page limit for a particular volume, may not be evaluated.

· Content Requirements: All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the quote, and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote. The titles and page limit requirements for each file are shown in the table below:

A.

MISSING PAGES: It is the responsibility of the offeror to examine this solicitation to verify that he or she has received all pages in the digital submission. In addition, in compiling this package, some pages may have been duplicated. If the offeror feels that pages are missing or duplicated, the offeror is encouraged to contact the Contracting Officer at the telephone number shown in Block 9B, Standard Form 1442, Solicitation, Offer, and Award.

NOTICE TO PROSPECTIVE CONTRACTOR(S):

a. BONDING: The Government retains the right to ask for bonding (bid, performance, payment) if it is determined to be necessary to address Government concerns. In such cases, the Government will reimburse 100% of the bonding price. Failure to receive or qualify for bonding will result in removal from further consideration for award. The number of contracts outstanding will be another consideration in determining if bonding will be needed. Failure to obtain bonding within a reasonable time (generally two weeks) after contract award will result in withdrawal of award and discussion with the next best offer. If bonding is not required, the prime is required to notify all sub-contractors that there is no bonding on the contract. Reference FAR 52.228-15 Performance and Payment Bonds. The Government reserves the right to request performance and payment bond as a condition for contract award.

*** (End of Instructions) ***

COMPARATIVE EVALUATION

Evaluation Process: The Government will award a firm fix contract, using FAR Part 13, Simplified Acquisition Procedures and FAR Part 36. The award will be made to a Contractor whose quote is the most advantageous to the Government. Quote will be evaluated by utilizing a comparative evaluation. Although the evaluation of a quote and award of a contract will be made without discussion, the Government nevertheless reserves the right to conduct discussions if the Contracting Officer later determines it to be necessary.

Price: Quoted price will be evaluated for Reasonableness and Realism.

The Government reserves the right to reject all quotes if doing so is in the best interest of the Government.

NOTE: Offeror’s price quote shall be detailed to include, but not limited to, Materials, Equipment, Labor, Profit, and Bonding costs to determine cost realism.

Technical Approach: Quote shall be evaluated in accordance with the criteria contained in the solicitation and on how well the technical approach meets the Government requirements. The Technical approach shall include a brief yet comprehensive narrative that details the Contractor’s efforts. Failure to provide the required narrative will result in the Contractor being considered non-responsive. With the narrative, include the following information:

A. Experience: The Contractor shall provide sufficient project details with their technical proposal to demonstrate experience with at least three (3), but not more than five (5), building interior renovation projects of similar size, scope, and using similar materials and methods over the past five (5) years. Each contract submitted must have been satisfactorily completed, or if not yet completed, must be marked by satisfactory progress. The Government will not consider a contract that is less than 50% complete or an effort that concluded more than 5 years ago. Contractor shall provide customer points of contact for each project listed.

B. Qualifications of Contractor Supervisor/Superintendent: The Contractor On-Site Supervisor must have not less than five (5) years of experience as a direct supervisor of interior finishes renovation and carpentry. Offerors shall submit a resume for the Contractor On-Site Supervisor as part of the technical proposal. All permanent substitutions, whether of prime supervisors or sub-contractors, will be identified and reported to the COR and Contracting Officer, if not prior to, as soon as possible after occurrence.

Past performance: Past performance shall be evaluated based on the quote’s technical qualifications on projects within the last 5 years that are comparable in size, complexity, and scope. Past Performance information shall be obtained by the following methods. Offerors shall us the solicitation attachment named (Business Management-Past Performance Questionnaire).

A. The Contracting Officer’s knowledge of previous experience with the supply or service being acquired;

B. Customer past performance questionnaire;

C. The Government Wide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov or;

D. Any other reasonable basis.

*** (End of Evaluation) ***

2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is 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 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Marshall Cotton Address: One Guided Site Visit 6-25-19 at 10:00 am Local Time Admin Building 522 S. 6th Street Fort Smith, AR 72901 Telephone: 479-783-5345 (End of Provision)

2.5 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)

REPRESENTATIONS AND CERTIFICATIONS

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

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

(2) The small business size standard is $36.5 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.209-2, 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 in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(End of Provision)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

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

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

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

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

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

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

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

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any…