36C78619R0021_1.docx

36C78619R0021 Attachments Section M – Evaluation Factors for Award

A. BASIS FOR AWARD:

The Government will use the Lowest Price Technical Acceptable (LPTA) process for this source selection. Award will be made to the responsible offeror whose offer conforms to the solicitation requirements and provides the best value to the Government considering all evaluation factors combined as detailed below.

B. EVALUATION PROCESS:

Offers will be evaluated in accordance with FAR 13.5 and FAR 13.106-2 Evaluation of Quotations or Offers.

Award will be made to the Lowest Price Technically Acceptable (LPTA) Offeror on the basis of the lowest evaluated priced offer meeting or exceeding the acceptability standards for non-cost factors (FAR 15.101-2). Offers will be evaluated for acceptability but not ranked using the non-cost/price factors. Price will be evaluated for reasonableness per FAR 13.106-3. Evaluation factors hat establish the requirements of acceptability are set forth in the addendum to FAR 52.212-2.

The following will be evaluated:

In particular, offerors must provide information for the following:

1. Experience of company and / or subcontractors in performing this type of work, as described in the SOW. Have you done/performed such services in the past? Have you done Raise and Realign with the beam system and turf renovation services in the past? Years of experience? Please explain.

2. Qualification of Technical Personnel (e.g.: training, experience, certifications if needed,)

3. Managerial Qualifications Key personnel to include information on key personnel with relevant experience, and identification of any sub-contractors(s) used in performance of the contract. Resumes of key personnel will be acceptable.

4. Sufficient Personnel/Equipment (list): to include proposed man hours, methodology, list of equipment/vehicles to be used.

5. Performance Plan: submit a detailed performance plan to indicate how the Contractor plans to meet the goals of the cemetery. (i.e. required tasks, performance schedule, frequency) The Contractor’s proposal will be evaluated on how well it meets the performance goals of this solicitation. If using a Subcontractor, list the type and percent of work you will perform and that they will perform along with your Subcontractor’s social economic status (i.e. Service Disable Veteran Owned Small Business/Veteran owned, etc…).

C. EVALUATION FACTORS:

Technical Qualifications:

Proposals will receive either an ACCEPTABLE or an UNACCEPTABLE rating for each of the rating factors.

Technical acceptable/unacceptable ratings

Technical capability will be evaluated to determine the extent to which it demonstrates a clear understanding of all features involved in performance of the requirements identified in the SOW, Specifications, and Drawings. The offer should not simply restate the Government’s requirements, but it should describe, in detail, how the Offeror intends to meet the requirements.

Past Performance:

Past performance will be evaluated for quality, schedule (i.e. recent), price control, business relations, management of key personnel and relevance (i.e. experience in providing services similar in size, scope, and complexity as described in the SOW). If no past performance information is readily available (FAR 15.305(a) (2) (iv)), the Offeror’s past performance will be evaluated neither favorably nor unfavorably.

NOTE: The offeror is responsible for providing two (2) references of their choosing using a copy of Attachment-5 (Business Management / Past Performance Questionnaire) for their completion and their submission back to the Contracting Officer for review. The completed questionnaires shall be emailed to: jerry.hodson@va.gov no later than 5 days before the solicitation’s closing date and time. References must be from work done within the past 5 years. The references chosen by the offeror should be selected based on past projects of the same or similar work. The source selection authority shall determine the relevance of similar past performance information.

A Responsibility Determination will be made in accordance with FAR 9.1 Responsible Prospective Contractors. The Government will research information and data bases to aid in establishing contractor’s responsibility and ability to perform. The databases include, but are not limited to Experian, PPIRS, EPLS, VetBiz and SBA. If the Contracting Officer (CO) is not able to determine responsibility, a request for Certificate of Competency (COC) will be submitted to SBA.

Price:

· Price analysis will be conducted to determine a fair and reasonable price. The lowest priced technically acceptable offeror's price quotations will be evaluated. Price may be compared against the Independent Government Cost Estimate (IGCE) or against the average mean of the offers received to determine reasonableness.

· If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government-obtained information in accordance with FAR 13.106-3, additional information in accordance with FAR 15.4 may be required to support the proposed price.

A.1 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Jerry L. Hodson Jr.

Contracting Officer Hand-Carried Address:

Department of Veterans Affairs National Cemetery Administration

155 Van Gordon Street, Suite 501 Lakewood, CO 80228 Mailing Address:

Department of Veterans Affairs National Cemetery Administration

155 Van Gordon Street, Suite 501 Lakewood, CO 80228

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C78619R0021 12-12-2018 Jerry L. Hodson Jr.

303-914-5718 02-14-2019 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 155 Van Gordon Street, Suite 501 Lakewood

CO

80228 X 812220 $20.5 Million N/A X

36C786 Department of Veterans Affairs National Cemetery Administration See Block 9 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 National Shrine Project – Contractor to provide all Labor, Materials, Equipment, Supervision, and Administration in accordance with the attached SOW, Specifications, and Drawings.

POC Name: ______________________________________________ Email: __________________________________ Phone: _________________________________

DUNS # ______________________

Submit Proposal via VA eCMS Vendor Portal website at https://www.vendorportal.ecms.va.gov Set-Aside 100% to Service Disabled Veteran Owned Small Businesses, (SDVOSB) Services NAICS is: 812220 Construction CLIN 0002 NAICS is: 238110 Payment & Performance Bonds required for CLIN 0002 X X X Jerry L. Hodson Jr.

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

PRICE SCHEDULE: Contractor shall furnish all equipment, parts, materials, labor and supervision necessary to (i) furnish / install reinforced concrete Headstone Grid Support System, (ii) Raise, Lower, Realign, Reset & Backfill standard Upright Marble Headstones onto new Headstone Grid Support System, (iii) clean upright headstones, and (iv) renovate turf with sod at the Long Island National Cemetery, 2040 Wellwood Ave. Farmingdale, NY 11735. Term of the contract shall be twenty-four (24) months from date of award. The Contractor will complete all work within 730 calendar days (24 months) after receipt of Notice of Award, subject to all terms, conditions, provisions, and schedules of the contract.

SITE VISIT: Visits to the site by Bidders may be made only by appointment with the COR or authorized designee of the LONG ISLAND NATIONAL CEMETERY. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. (See Attachment "A" - Map of Long Island National Cemetery).

VERIFICATION OF ACREAGE & HEADSTONE COUNT: To insure accuracy of bids, it is the Contractor’s responsibility to verify the estimated quantities indicated in the Schedule by onsite inspection and measurement. Any discrepancies in the estimated quantity of headstones or square footage indicated in the Schedule shall be addressed and resolved prior to contract award. In no event shall failure to inspect the site constitute grounds for a claim after contract award. To conduct a site visit, YOU MUST CONTACT one of the following cemetery personnel to make arrangements:

Srey Austin, Cemetery Director………………………………… (631)-454-4952 Paul White, Assistant Cemetery Director ………………………. (631)-454-4952 ALL INCLUSIVE PRICING: Unit costs indicated in the Price Schedule for Raise, Lower, Realign, Reset & Backfill standard Upright Marble Headstones are “All-Inclusive” for services offered. It is agreed and understood that the unit cost per upright headstone includes all materials, supplies, equipment, labor, and transportation necessary for or incident to the provision of services as set forth herein.

Note: *Because the work in ITEM 0002 contains a requirement for Reinforced Concrete Headstone Grid System, the Davis Bacon Wage Rate is applicable only to CLIN 0002.

Service Wage rate is applicable for all other items.

QTY

Hand digging of inspection pit to determine if cremains or casketed remains need to be re-positioned before digging of trench to install concrete support system. The size of the inspection pit will be dug twenty-four (24) inches wide from the centerline of the headstone into the gravesite, by twenty-four (24) inches long, by 30” deep. Cemetery Section: 3B

Furnish and Install Reinforced Concrete Headstone Grid System. Cemetery Section: 3B

Raise, Lower, Realign, Reset & Backfill Standard Upright Marble Headstones onto Concrete Marker Grid Support System. Cemetery Section: 3B

Fabricate and Install eight (8) Permanent Control Markers. Cemetery Section: 3B Control mark monuments of 100 mm (4”) minimum round concrete should extend below the frost line with 10 mm x 75 mm (3/8”x 3”) minimum copper pin in the center. Install plumb 100 mm (4”) above finished grade. Indicate top elevation.

Renovate & Replace Existing Cemetery Turf with Sod. Cemetery Section: 3B

Dead Tree Removal. Tree removal to be provided on an "As-Needed / As-Requested" basis. Cemetery Section: 3B

PRICE SCHEDULE – ADD ALTERNATES:

In addition to above Base Project - the contractor shall provide pricing for below Add Alternates. The Government reserves the right to award or not award any or all Add Alternate items (in part or in entirety). Should the Government determine to exercise any of these Alternates; the VA Contracting Officer will issue a modification to the contract incorporating the additional work.

Add Alternate #1 (Turf Renovation Only)

QTY

Renovate & Replace Existing Cemetery Turf with Sod. Cemetery Section: X

Add Alternate #2 (Standard Headstone Raise / Realignment & Turf Renovation)

QTY

Raise, Reset, Lower, Realign & Backfill Upright Marble Headstones Cemetery Section: 2C

Clean Upright Marble Headstones w / D2 Biological Solution Cemetery Section: 2C

Renovate & Replace Existing Cemetery Turf with New Sod (Includes Removal of Existing Top Inch of Topsoil & Replace with Two Inches of Clean, Debris Free Topsoil) – Cemetery Section: 2C

Base and All Optional Items

GRAND TOTAL

Water & Irrigation Requirements: It is estimated that by completion of the project, there will be a total of 283,140 square feet of new turf established with sod by the Contractor (section 3B). The Contractor is required to begin providing water to the sod immediately upon installation and will continue to apply water to the sod / soil bed to keep the sod moist for a period of sixty (60) days to ensure that the sod has adequately rooted into the soil bed and become established. For instance, if section 3B has sod laid on September 1st then the Contractor is responsible to supply enough water to the sod / soil bed for a period of 60 days or until November 1st to keep the sod moist to help insure strong root growth and a healthy, vigorously growing stand of turf. The Contractor will be sure to monitor local rainfall amounts and temperatures to determine the proper amount of water needed to keep the sod healthy and will be sure not to overwater. Please note section 1.11 F concerning water.

Acceptability: A re-established turf area is “acceptable” when (i) the Contractor’s clearly evidences compliance, without exception, in meeting contract requirements set forth in Attachment – K (Surface Renovation & Turf Grass Re-Establishment), and (ii) 90% turf grass coverage is established, generally free of bare areas and broadleaf / grassy weeds to the complete satisfaction of the COR and NAD Regional Agronomist.

Acceptance of Re-established Turf Area(s): Acceptance is defined as the point in time which the Government takes back control & physical possession of the re-established turf area(s). The Government has the right either to reject or to require correction when the re-established turf area is not in conformity with contract requirements. Acceptance (in part or whole) shall be in writing.

(End of Price Schedule) 36C78619R0021 Section B

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK

The statement of work (SOW)/ Specifications and Drawings are included as attachments.

The Contractor shall furnish the necessary labor, supervision, materials, equipment, service and construction expertise as necessary to successfully complete the work in whole as outlined in the Statement of Work (SOW) and all other attachments referenced in Section J.

36C78619R0021 Section C

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SECTION E - INSPECTION AND ACCEPTANCE

36C78619R0021 Section E

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

36C78619R0021 Section F (End of Clause) Page 1 of Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 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 Phone:

Email:

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 - Other than Central Contractor Registration, or [] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [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. SOLICITATION:

See section “L” for instructions

6. NOTICE TO PROSPECTIVE CONTRACTOR(S): Prospective awardees MUST be registered with SAM at http://www.sam.gov, 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.

a. All proposals must be submitted through the Department of Veterans Affairs - Electronic Management System (eCMS) Vendor Portal website in order to be considered for award. https://www.vendorportal.ecms.va.gov

b. Please go to the VA eCMS Vendor Portal website at https://www.vendorportal.ecms.va.gov to register. Once on the webpage, proceed to the Vendor Portal Login section located on the far-left side of the webpage and click on ‘Request a user account’ to register. In the event an Offeror is unable to submit a proposal through the Vendor Portal domain, prior to the proposal closing date, contact the VAAS helpdesk at 1-877-634-3739, or via email at VA.Acquisition.Systems@va.gov. Submission of proposals through email will not be accepted. Proposal transmission/uploads must be completed by the date/time specified. Late or incomplete Proposals will not be considered.

All offers are subject to all terms and conditions of this solicitation. Offers are NOT authorized to submit CD versions of their proposals.

NOTE: if for some reason you want to edit your submission in vendors portal, you must resubmit all documents again. Adding a document might delete the previous submittal.

The proposal package shall contain the following:

• SF-1449 with completed blocks 17a and 30(a, b & c) and fill in the DUNS, Tax I.D. and Email

• Acknowledgement of any Amendments

• Price Proposal for all items in the Schedule of Prices

• Business Management-Past Performance Questionnaire

• Technical proposal (see FAR Clause 52.212-2 “Evaluation – Commercial Items”, addendum to 52.212-2 on and E.13 - additional instruction to offerors.

• Completed FAR Provision 52.212-3 “Certifications and Representations” and indicate whether contractor has completed the annual representations and certifications electronically at http://www.sam.gov.

• Other supporting docs, such as, licenses, insurance, additional resumes.

NOTE: Proposal submission via Email is not accepted at this time.

Please upload all as one file except the tech proposal, which should be separate, and email past performance form completed as instructed under the evaluation provision.

Please note – If any of the Proposal Package information is not provided by the proposal due date, your proposal package may be found Technically Unacceptable.

The Government reserves the right to request performance and payment bond as a condition for contract award.

7. MISSING PAGES: It is the responsibility of the offeror to examine this solicitation to verify that he or she has received all pages. 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 7B, Standard Form 1449, Solicitation / Contract / Order for Commercial Items.

8. ACQUISITION: Total (100%) Service Disabled Veteran Owned Small Business Set-Aside: This is a solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.3. The contract will be awarded by Government to furnish those services and incidental construction tasks as stated in the SOW.

In accordance with FAR 12.101, the services requested in this solicitation are commercial item services that are used by commercial sector/private industry cemeteries throughout the United States.

The Government anticipates awarding this solicitation as a fixed-price contract. The services provided in the contract will involve non-personal services. The personnel rendering the services of the contract are not subject, either by contract terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

9. TYPE OF CONTRACT: This is a fixed-price requirement contract in accordance with FAR 52.216-1 Type of Contract. Furnishing those services as stated in the SOW involve non-personal services.

10. 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.

11. CONTRACT TERMS: The term of this contract shall be for a period from Date of Award through 24-month from date of award. Contractor shall submit an invoice at the end of each month. Delivery of all items under this contract is FOB Destination and is subject to inspection and acceptance by a VA Contracting Officer's Representatives (COR).

12. 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.

13. 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.

14. SITE VISIT: Offerors are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect a one or all sites constitute grounds for a claim after contract award. All prospective offerors are expected to visit the Long Island National Cemetery, 2040 Wellwood Ave. Farmingdale, NY 11735 for a tour of the grounds. Prospective offerors shall contact Long Island National Cemetery, to schedule their visit prior to submitting offers.

Srey Austin, Cemetery Director………………………….………… (631)-454-4952 Paul White, Forman…………………………...…………………… (631)-454-4952

15. POST AWARD CONFERENCE: Prior to commencement of work, contractor shall make an appointment for a conference with the COR to assure that all parties understand all contractual obligations and the role that each party serves.

16. AGENTS/BRANCHES: If the offeror maintains agents/branches, the Department of Veterans Affairs is to be provided with a list containing any information necessary indicating how and with whom orders are to be placed.

17. 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.

18. 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.

19. 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 relating to this contract. The Release of Claims form shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

20. NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

a. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

b. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

c. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

d. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

e. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

f. The following guidelines apply concerning your use of the past performance evaluation:

1. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

2. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

1. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

1. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Notice) 36C78619R0021 Section G

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

Section H – Special Contract Requirements

Construction Wage Rate Requirements The U.S. Department of Labor Wage Determination is incorporated into this document as an attachment in Section J, with the full force and effect as inclusion into this document.

Any subsequent revisions or updates issued by the U.S Department of Labor will supersede the most recent version of the wage determination.

KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager:

Job-site Superintendent:

Quality Control Manager:

Safety Manager:

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

36C78619R0021 Section H

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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 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.3 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.4 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…