C03 36C24823R0047.docx

3B. TELEPHONE NO.

2. DATE OF CONTRACT

1. CONTRACT NO.

3C. ADDRESS OF ARCHITECT-ENGINEER

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

8. NEGOTIATION AUTHORITY

7. CONTRACT AMOUNT (Express in words and figures)

5. PROJECT TITLE AND LOCATION

3A. NAME OF ARCHITECT-ENGINEER

4. DEPARTMENT OR AGENCY AND ADDRESS

6. CONTRACT FOR (General description of services to be provided)

NSN 7540-00-181-8326

STANDARD FORM 252 (REV. 10-83)

PREVIOUS EDITION NOT USABLE

Prescribed by GSA-FAR(48CFR)53.236-2(a) (Include ZIP Code) (Include Area Code) (Include ZIP Code)

ARCHITECT-ENGINEER CONTRACT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Miami VA Healthcare System 1201 NW 16th Street Miami FL 33125 Project No: 546-23-111 Project Title: A/E Re-pipe Natural Gas Lines Miami VA Medical Center 1201 NW 16th Street, Miami, FL 33125

Project Description: The A&E shall furnish services for schematic design, design development, and construction documents to Re-Pipe Natural Gas Lines at Miami VA Medical Center.

Construction document tasks shall include, but not be limited to, preparation and/or performance of reports specifications, rendering, working drawings, site visits, meetings, meeting minutes, phasing/scheduling, and other related information and services.

This Request for Proposal incorporates information contained in Pre-Solicitation Notice 36C24823R0047 and is 100% set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs).

NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) SET ASIDE:

This solicitation is issued in accordance with Public Law 109-461, the Veterans Benefits, Healthcare Information and Technology Act of 2006, Sections 502 and 503, as a set-aside for SDVOSB contractors. Pursuant to 38 USC 8127(d), competition is restricted to SDVOSB firms as there is a reasonable expectation that two or more offers from SDVOSBs will be received for this requirement. All prospective offerors must be verified by the Department of Veterans Affairs Center for Verification and Evaluation (CVE) as an SDVOSB at the time of the submission of qualifications and price proposals and at award. Firms must be both VISIBLE and VERIFIED by CVE to be eligible for award. Firms must also be registered in the System for Award Management (SAM) www.sam.gov at time of the proposal submission and maintain that registration to be eligible for the award.

The primary North American Industrial Classification System (NAICS) code for this acquisition is 541330 - Engineering Services, with a small business size standard of $22.5 Million.

The Estimated Cost of Construction at Award (ECCA) is $9,281,149.49 The design proposal must comply with the Selection of Architects and Engineers Act 6% fee limitation.

SF 330 are due 12/19/2022 at 1:00 PM ET.

38 U.S.C 8106 and 48 CFR 606

SIGNATURES

NAMES AND TITLES (Typed)

STANDARD FORM 252 BACK

(REV. 10-83)

10.

The United States of America (called the Government) represented by the Contracting Officer executing this contract, and the Architect-Engineer agree to perform this contract in strict accordance with the clauses and the documents identified as follows, all of which are made a part of this contract:

If the parties to this contract are comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

The parties hereto have excuted this contract as of the date recorded in item 2.

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A B C D

12. THE UNITED STATES OF AMERICA

Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

The Architectural/ Engineering (A&E) firm shall provide services which shall include the development of complete construction documents (i.e., working drawings, specifications, reports, estimates, and construction period services) for this project number 546-23-111 titled: Re-Pipe Natural Gas Lines, for the Department of Veterans Affairs, Miami VA Medical Center, 1201 NW16th Street, Miami, Florida 33125

The total period of performance is 173 days. The Period of Performance begins when the notice to proceed is issued. The notice to proceed letter will include the beginning and completion dates for the period of performance in accordance with the Statement of Work (SOW).

PRINCIPAL NAICS CODE: 541330 - Engineering Services PRODUCT/SERVICE CODE: C1DA - Architect and Engineering - Construction: Hospitals and Infirmaries

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A.4 A&E Statement of Work “Re-pipe Natural Gas lines and Steam Pipe Insulation- Miami VA Healthcare System” Project 546-23-111 I. General Requirements The Miami VA Healthcare System is seeking professional design services from an Architect & Engineer (A&E) firm to develop Construction documents and perform Construction Period Services (CPS). The A&E shall provide all necessary architectural and engineering design services as required to prepare the study, 100% design drawings and specifications, peer to peer reviews, technical evaluations and reports, and a cost estimate for the study and design for the replacement of the natural gas/steam lines and steam pipe insulation located at 1201 NW16th street, Miami, Florida 33125 in buildings one (1), seven (7), and ten (10).

The A&E will be given written information; participate in project planning meetings, pre-bid meeting, and pre-construction meeting as required; communicate with designated VA personnel via telephone or electronic mail; and is expected to coordinate so that the final documents include all requirements in accordance with industry standard practices, VA standards, VA design manuals, and review comments.

The AE shall provide competent design and construction period services utilizing individuals who are adequately knowledgeable of the various design disciplines including but not limited to architectural and engineering of structural, mechanical, electrical, and special systems as required by the project. Changes in personnel from those who are proposed in negotiations, interviews, kick-off meeting, and/or AE submission forms shall be approved in writing.

II. STATEMENT OF OBJECTIVES:

This project will address the facility existing natural gas manifolds which are leaking gas, in poor condition and need to be replaced. The existing gas piping has reached their life expectancy and needs to be replaced. The A/E shall provide a design that will correct all gas leaks and gas pipe replacement. In addition, steam pipe insulation is in bad condition and needs to be replaced.

The design of this project will address, but not be limited to, the following items:

1. Perform a technical evaluation of the existing site conditions, paying special attention to existing structural systems, utilities, and building operations.

2. Perform design calculations for a new gas pipe system.

3. Provide design of demolition of all existing gas piping lines and steam pipe insulation.

4. Establish additional programming requirements for the design project by collecting information from the designated VA personnel.

5. All deficiencies discovered will be reported along with a proposed solution to correct the deficiencies during the design phase.

6. Design a new gas piping system including manifolds. Design drawings shall be provided in Auto Cad files and American National Standers Institute (ANSI) B (11 x 17) size.

7. Provide emergency power for critical pumps or equipment if necessary.

8. The gas piping system design analysis shall be performed per National Fire Protection Association (NFPA), all applicable Codes and VA standards.

9. The A/E shall take into consideration all necessary life safety measures and infection control as well as hospital flow when designing the construction phases.

10. Provide a construction cost estimate for the design drawings.

11. The A/E shall be responsible for physically identifying existing Gas and Steam pipelines including equipment locations.

12. The A/E shall comply with all NFPA, Plumbing Codes, Gas Codes, Steam Codes and VA standards codes that apply for new gas and steam systems installations.

13. All walls or slab penetrations for new work shall comply with latest NFPA Codes.

14. The A/E design team shall include temporary solutions to support continuity to Gas/Steam system in Building 1, 7 and 10 as part of the design construction estimate.

The following is a list of some of the areas and equipment that may be needed to be evaluated and is included in the Statement of Work: Building 1, 7 and 10- Gas and Steam lines.

Some of this activity will require shutdowns. All system impairment requests shall be coordinated with the project Contracting Officer Representative (COR) or Contracting Officer (CO).

The detailed project design shall begin with the above-mentioned intense on-site survey and collection of previous project data.

All designs shall incorporate all architectural and engineering disciplines necessary to provide a complete and functional design. Designs shall be in accordance with all applicable requirements of NFPA, Environmental Protection Agency (EPA), American National Standards Institute (ANSI), Occupational Safety and Health Administration (OSHA), National Plumbing Code (NPC), National Electric Code NEC), National Gas Codes (NGC), American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE), National Safety Code (NSC), VA Specifications, VA Construction Standards, VA Design Handbooks, etc. and all applicable local, state, and federal regulations and standards.

Existing drawings will be made available to the A&E. However, their accuracy shall be field verified by the A&E and all consulting firms as part of investigative services.

The A&E shall be required to perform all necessary site survey work such as verifying record drawings. The following investigative work shall be included within the scope of this project:

1. Provide all Engineer investigative work for application to this project including but not limited to gas and steam system, electrical testing, structural analysis and any other test or study required to complete this project. Verify existing conditions to ensure the accuracy of the design and verify location of all utilities below and above the work area prior to necessary excavations.

2. Field verify VA furnished drawings to ensure A&E design is accurate. It is the A&E’s responsibility to determine existing conditions and to base the design on this information.

3. Materials to be furnished to the A&E by the VA – The following shall be furnished to the A&E upon request:

a. VA Engineering Service will provide the A&E with all applicable drawings for the project. The accuracy of the paper copies of drawings is not guaranteed and shall be used only for general information. Actual conditions must be field verified by the A&E and all consulting firms.

b. All VA standards, specifications, space planning criteria, equipment & design guides list and design submission guidelines can be obtained by accessing the World Wide Web at the following address:

The submissions will be reviewed for completeness against the A&E design submission requirements (PG-18-15 Volume C). The following specifies the documents, required to be submitted by the A&E to Engineering Service, for each scheduled review.

A. Construction Documents:

1. General

a. Period of Performance is two hundred seventy five (275) days after issuance of the Notice to Proceed (NTP).

b. The A&E shall be required to make a formal presentation in person at the 100% and final design review.

c. The A&E shall take written minutes of all design review meetings, participate in the pre-bid and pre-construction meetings, site visits, and any other site investigation meeting and provide copies of those minutes to the VA within five (5) working days after the meeting.

d. The overall design shall include all calculations, Computer-Aided Drafting and Design (CADD) drawings, plans and specifications in conformance with recognized standards i.e., NEC, Underwriters Laboratories (UL), NFPA, The Joint Commission (JCAHO), VA Construction Standards, and other references indicated above. The most stringent standard shall be utilized.

e. In each submission, the A&E shall incorporate all material specified and all revisions according to comments made by either the Medical Center, Network Safety & Fire Protection Engineer, or VA Headquarters wherever applicable.

2. 50% Review/ First Review – two (2) sets of specifications, three sets of CADD drawings, cost estimates, and design calculations.

a. Submittal Letter: The A&E shall provide a submittal letter addressed to the Chief of Planning & Analysis (P&A) Service stating documents submitted for 50% review.

b. Specifications: The A&E shall provide a full set of project specifications, including “General Requirements,” reflecting 50% of completed construction documents.

c. Drawings: The A&E shall provide one (1) full size and two (2) (11”x17”) size sets of project drawings produced on a CADD system. CADD files shall be compatible with AutoCAD 2020 or later. This shall include:

1. A title sheet with drawing index and department index for all drawings.

2. Measured drawings of existing systems, utilities and facilities to be demolished or retained.

3. New work to be performed including all involved disciplines, details sections, notes, legend, tables and any other necessary information to complete the project.

4. Phasing drawing(s) including, but not limited to, traffic impact works for outside projects, temporary relocation of services/equipment during construction, and any other phasing coordination. This drawing shall be included in the final bid documents.

d. Cost Estimate: The A&E shall provide a current detailed cost estimate. It shall include the various categories of work involved; and the quantities and unit cost. Magnitude estimates are not acceptable. A restriction affecting the A&E’s design in the construction cost limit as will be stated in the A&E contract. The A&E must design within this cost limit.

Should the VA change or modify the scope of work in any way to increase the cost the A&E would not be responsible, but they must advise the CO of the increase. If any other cost increases become evident, the A&E must notify the CO and recommend remedial action to reduce the estimated cost to within the approved limits. If an overrun is caused by the A&E, the contract requires them to make whatever changes the CO deems necessary to reduce the project’s cost at no additional design expense to the Government.

However, if the overrun in cost was not caused by the A&E, or if the CO agrees to a change in scope, the A&E’s fee will be adjusted. The responsibility for reducing costs to the lowest level while satisfying the functional requirements of project rests with the A&E.

Therefore, efforts toward controlling costs must begin in the earliest planning stages and continue through the final stage. The devices used to control construction costs are cost monitoring, value engineering, bid alternates, scope reductions, etc.

1. This cost estimate shall include a contingency allowance of 5% for new construction and 10% for renovations or retrofit. An accurate, well-developed estimate by the A&E is a critical element.

2. The construction estimate shall be based on the construction occurring according to the established schedule. It should include an inflation allowance, which is appropriate for our geographical area and accounts for the local bid climate at the anticipated construction award date.

3. Additionally the A&E must provide a minimum of 20% of the Project design as deductive bid alternates and should be included in the specification section 01 00 00.

NOTE: These deductive bid alternates cannot affect the intended functionality of the project.

e. The 50% design submissions will be reviewed for functional purposes only.

Technical accuracy and details will be the responsibility of the A&E firm.

f. There shall be a subsequent submission at 95%. The A&E shall provide a

3. 100% Review/ Second Review – two (2) sets of specifications, three (3) sets of CAD drawings, and a cost estimate.

a. Submittal Letter: A&E shall provide a submittal letter stating the changes and corrections noted on the previous review have been evaluated and incorporated in the documents submitted for the 100% review.

b. Specifications: A&E shall provide complete specifications, in accordance with previous review requirements, with all review comments accounted for and ready for use as final contract documents. Specifications shall include scope of work and phasing schedule requirements assembled with the general sections. Each section shall have a detailed index. Section 01 00 00 shall include the 10 hours OSHA training for all employees and subcontractor’s staff, and the 30 hours course for the superintendent if they will be assigned as a “competent person”. In addition, the A&E shall provide and describe bid deductive alternatives in specification section 01 00 00 for funding constraints.

c. Drawings: A&E shall provide one (1) full set and two (2) 11”x17” copies of project drawings produced on a CADD system. CADD system shall be compatible with AutoCAD 2020. This submission shall include:

1. All drawings developed for the previous reviews and shall be detailed showing all utilities, services and sizes as well as required construction details.

2. Also show complete details, notes, equipment schedules, sections, and locations. Comments included in the 85% review shall be incorporated in the drawings.

d. Cost Estimate: A&E shall provide a revised detailed cost estimate and ensure that the following items are included:

1. Certification that the quantities have been checked and found to be correct.

2. All estimates shall be based on the most up-to-date working drawings available and shall be current as of the date of submission.

3. Materials are priced at the contractor’s buying level. Sales taxes, when applicable, will be added into material costs.

4. Cost totals shall reflect labor and materials separately and should be formatted as follows:

a. Totals - labor and material for all branches of work.

b. Overhead and Profit – a nominal percentage to reflect variations of trades, project size, competition, etc.

c. Total Estimated Cost

d. Estimated cost and duration (time) for deductive alternates.

e. This submission will be reviewed in a format similar to the 85% submission. This design will be reviewed for functional purposes only. Technical accuracy and detail will be the responsibility of the A&E firm. Conditions and field verification are the total responsibility of the A&E. Therefore, change orders are not expected during construction due to design deficiency or negligence. It is the A&E’s responsibility to accurately determine conditions and to ensure that the design is based upon correct current field verified data and ensure no design deficiencies. All drawings furnished by the Department of Veterans Affairs shall be field verified by the A&E.

4. Final Review Submission – After completion of the 100% review comments and corrections, the final bid contract documents shall be prepared and shall include:

Submittal Letter: A&E shall provide a submittal letter stating that the changes and corrections noted on the previous review have been evaluated and incorporated in the documents submitted for the final submission.

a. Final Cost Estimate: A&E shall provide the final cost estimate incorporating all changes and corrections noted in the previous review. A cost estimate for each deductive alternate shall also be included. In addition, the total completion date for the base bid and for each bid deductive alternate shall be included as part of the final cost estimate.

c. Certification: At the final review the A&E will present the completed CADD produced drawings one (1) Full Size and three (3) Half Size (11”x17”)) each of which shall include a signature block that will bear the professional registration stamp of the registered professional architect and/or engineers responsible for the design.

An architect’s stamp (seal) must be applied to architectural drawings and an engineer’s stamp to engineering drawings. In addition to the seals of the applicable Registered Professional Engineers, Certified Independent Third-Party Safety Professional of Professional Credential (CITP) and the Fire Protection Engineer in Charge of the final design revision are required as indicated in Section IV Certified Independent Third- Party Design Reviews of this document. Also, a certification letter signed and stamped by the CITP indicating that the design is in compliance with the latest codes and regulations per Section V shall be included with this submission. The Final Bid design package will not be accepted without the CITP Review certification letter.

After the drawings and specifications have been reviewed by Engineering, the Contracting Officer will issue for bid. If major discrepancies exist in the drawings, the technical clearance will be postponed until the A&E has corrected these contract documents. Technical accuracy shall be the A&E’s responsibility.

d. Electronic Drawings: Three (3) CD-ROM sets of electronic media containing all final CADD drawing files shall be submitted. Files must be compatible with current AutoCAD LT 2020 and all layers shall be unlocked prior to submission. In addition, electronic copies of the specifications in “Word” format and Cost Estimates shall be included in the CD-ROM’s

e. A&E shall include in specification section 01 33 23 “SAMPLES AND SHOP DRAWINGS” a list by specification and paragraph of all submittals requires to be made under this project; however, a disclaimer statement is recommended.

f. Section 01 00 00 shall include the 10 hours OSHA training for all employees and subcontractor’s staff, and the 30 hours course for the superintendent if he will be assigned as a “competent person”. In addition, the A&E shall provide and describe bid deductive alternatives in specs section 01 00 00 for funding constraints.

IV. CONSTRUCTION PERIOD SERVICES REQUIREMENTS

A. Review of Submittals: The A&E shall review all material submittals, shop drawings and test reports that are required. Reviews shall be completed, and submittals returned to Engineering Service within ten (10) working days.

B. Review Analysis of Change Orders and Costs: The A&E shall provide prompt response when contacted by the COR to review and provide analysis of Change Orders and Costs within five (5) working days.

C. Site Visits: The A&E shall attend site visits including the pre-bid conference, preconstruction conference, and final inspection when requested by Engineering Service. Include price for additional site visits during site investigation process by discipline, limited to a maximum of ten (10) including all disciplines. The A&E shall provide conference minutes and make written inspection report available within five (5) workdays after each meeting and/or site inspection including the final inspection punch list.

D. Record Drawing Requirements: The A&E shall provide one (1) complete finished set of as-built drawing reflecting all changes incorporated during the actual construction. These as built are to be drawn on a CADD and highlighting all changes. A clear copy in MYLAR shall also be included made from updated as-built CADD drawings. The complete set will all be dated the same with “RECORD AS-BUILT DRAWINGS” on each page’s title block. The A&E shall include a requirement note for the contractor to provide marked up prints directed to the A&E showing actual construction and any changes, which occurred during construction. These shall be verified by the A&E. A&E shall also provide a complete updated set of record as-built drawing files as produced on CADD system compatible with AutoCAD 2020 or later via CD-ROM. A&E shall update drawings such that they shall meet the complete approval of the Engineering Service.

V. CERTIFIED INDEPENDENT THIRD- PARTY (CITP) DESIGN REVIEWS

A. The design Architect/ Engineering (A&E) will hire a Certified Independent Third-Party (CITP) Safety Professional or Professional Credential to provide the necessary design reviews for compliance with national and local codes, standards, and federal and state regulations included but not limited to:

· OSHA Standards

· JCAHO Standards

· Handicap Accessibility Standards

· NFPA Codes

· National and Local Building Codes

· EPA Regulations

· Emergency Preparedness infrastructure vulnerabilities

· Security infrastructure vulnerabilities

· Others as applicable

1. Requirement for acquiring and incorporating a Certified Independent Third-Party (CITP) Safety Professional or Professional Credential review of design documents VA must comply with national and local codes, standards and regulatory requirements to comply with Public Law 100-678, Public Buildings Amendment Act of 1988 and Public Law 102-522, Federal Fire Safety Act of 1992. Like other federal agencies with real property and construction authority, VA acts as its own building and code enforcing official or as the “Authority Having Jurisdiction” (AHJ) for meeting code requirements. As such, the VA has overall responsibility of ensuring compliance with codes.

The design A&E will hire a CITP consultant(s) as necessary for the review of design documents for compliance with applicable national and local codes, standards, federal and state regulations. The dDesign A&E shall take into consideration and incorporate all third-party consultant comments/recommendations into the design documents prior to advertising for a construction contract award.

2. Certified Independent Third-Party Professional or Professional Credential Review and Approval Project plans must have a signature block or a letter on third-party Company’s letterhead, a third-party certified safety professional or professional credentials as applicable to the nature of review certifying and verifying the plans and specifications have been reviewed for compliance with applicable codes, standards and regulatory requirements. At the time of review, the CITP should identify all corrections necessary for the A&E to bring the design into compliance. The A&E is required to incorporate and make necessary corrections to the design to bring the design into compliance prior to the final design documents being issued for a construction contract award.

VI. Design A. There will be three four (34) major stages of the A&E’s work under the contract as follows:

1. Conduct site investigations/project direction meetings.

a. Coordinate with VA Engineering

b. Using existing as-built as furnished by VA.

c. Consulting Engineers and other disciplines also involved.

d. VA Engineering available to discuss specific questions.

2. Present 50% review.

a. Formal meeting conducted by A&E.

b. Minutes prepared and submitted to VA within five (5) working days after of the Formal Meeting.

c. One (1) full size and two (2) half size (11”x 17”) copies of drawings.

d. One (1) copy of cost estimate.

e. Two (2) copies of edited specification.

2. Present 100% design review.

a. Formal meeting conducted by A&E.

b. Minutes prepared and submitted to VA within five (5) working days.

c. One (1) full size and three (3) half size (11”x 17”) copies of drawings.

d. One (1) copy of cost estimate.

e. Two (2) copies of edited specification.

3. Present Final bid documents.

a. Formal meeting conducted by A&E.

b. Minutes prepared and submitted to VA within five (5) working days.

c. One (1) full size (original) and three (3) half size (11”x 17”) copies of drawings signed and sealed.

d. One (1) copy of cost estimate including cost estimate for each deductive alternates and the estimated duration of the base bid and each alternative.

e. Three (3) copies of fully edited specification.

f. Three (3) CD-ROM sets of electronic media containing all final CADD drawing files.

Note: The A&E firm shall provide ten (10) complete sets of signed and sealed drawings and specifications of the final bid documents for advertisement purposes. Coordination with the Ccontracting Oofficer is required for delivery purposes.

B. In each submission, A&E shall incorporate the material specified in the earlier submission, revised according to the comments made by the VA at the previous review.

VII. Schedule At each submission, all drawings and support material shall be dated and appropriately labeled above the title block. The number of submissions and review times are listed below:

The VA will coordinate meetings with appropriate medical staff and the A&E as requested. Any site visit shall be coordinated one (1) week in advance for proper coordination with the VA staff.

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REPRESENTATIONS AND CERTIFICATIONS

1.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $22.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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

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

(x) 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.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

(xv) 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.

(xvi) 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 products or commercial services.

(xvii) 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.

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

(xix) 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.)

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

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiv) 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.

(xxv) 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)

1.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to…