IFB - 36C25821B0005_1 FINAL - .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.

36C25821B0005 X

01-21-2021

600-21-2-5981-0045 Purchase Number:

600-14-116

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix AZ 85014 Dena Hallaren 602-795-4527 Construction - 600-14-116 - Bldg126 Renovate Phlebotomy, Pathology and Multiple Lab Spaces

Reference the Following Interested Items:

Section A: Price/Cost Schedule and A.4 Statement of Bid Items with Additives.

Section B: SOW and Magnitude.

Section C: All Clauses Section D: Specifications, Designs and All Other Attachments.

Section E: Provisions and Instructions Bidders to include the following:

E.1 - NAICS & Reps and Certs.

E.15 - Details for Contracting POC's, Site Visit, RFI's, Bid Contents, Bid Due Date, Bid Opening.

Bid amount shall list at a minimum Material cost, Labor cost, Overhead, Profit and list in a separate line a Grand Total. This information is required and will be used for possible future modifications.

The bids will be evaluated based on the Grand Total amount only.

Awardee shall perform work in strict accordance with Schedule, General Specifications, Statement of Work, Attachments, Site Drawings, and terms and Conditions set forth in the contract.

Type of Contract: Firm-Fixed-Price This requirement is 100% set-aside for SDVOSB concerns.

See A.4

52.211-10

1 Electronic

12PM

PST

02-22-2021

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

600-3610162-5981-854200-3220 23NR8VA07

Purchase Order:

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

Line Item 0001 - Firm-Fixed-Price $

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Construction Services - Project Number 600-14-116 - Bldg. 126 Renovate Phlebotomy, Pathology and Multiple Lab Spaces.

IN ACCORDANCE WITH ATTACHED THE STATEMENT OF WORK, SPECIFICATIONS, FINAL DESIGNS, AND ALL OTHER ATTACHMENTS.

Total Bid Material Cost: See Section A.4 to input main bid items totals & additives totals.

Total Bid Labor Cost: See Section A.4 to input main bid items totals & additives totals.

Total Bid Overhead: See Section A.4 to input main bid items totals & additives totals.

Total Bid Profit: See Section A.4 to input main bid items totals & additives totals.

A.4 STATEMENT OF BID ITEMS WITH ADDITIVES

A. MAIN BID ITEM: Work includes general construction, alterations, necessary removal of existing and construction and certain other items as indicated on Drawings & Specifications for Phase – I: Phlebotomy, including pneumatic system from First Floor to Second Floor of Accessioning area, Outpatient Mental Health to vacate the area, Demolish existing, Construct New Phlebotomy Area. Second Floor: Renovate HVAC for Molecular Pathology and Make Site Ready for Rapid Response Machine and Vendor to install machine. Move existing functions to Area E. Move existing Phlebotomy from Second Floor to First Floor Area. Completion Time: 480 Calendar Days.

Total Bid Material Cost:

Total Bid Labor Cost:

Total Bid Overhead:

Total Bid Profit:

B. ADDITIVE ALTERNATE - I: Phase – II: Second Floor: Construct Accessioning, Special Procedures, Toxicology, Lab Support, Biomed Server Room adjoining Corridors in Area C. Move existing Special Procedures (W-231 V) to Area C. Completion Time: 640 Calendar Days, Total including Main Bid Item.

Total Bid Material Cost:

Total Bid Labor Cost:

Total Bid Overhead:

Total Bid Profit:

C. ADDITIVE ALTERNATE – II: Phase III: Second Floor: Demolish Phlebotomy and Special Procedures in Area B. Construct Histology/Cytology and Grossing Area. Building – 7 Swing Space: Move Histology/Cytology from current Swing Space in Building – 7 to Area B of Second Floor. Second Floor: New Flooring and Lighting for Corridors, Elevator Lobby Doors, Office E252B and Restrooms E-244, E-243, E202, E203. Building – 7 Swing Space: Demolish related MEP items. Completion Time: 840 Calendar Days, Total including Main Bid Item, Additive Alternate I and II.

Total Bid Material Cost:

Total Bid Labor Cost:

Total Bid Overhead:

Total Bid Profit:

A.5 DELIVERY SCHEDULE

5901 E. 7th Street Long Beach, CA 90822 5201

USA

Page 1 of

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work Renovate Bldg. 126 Renovate Phlebotomy, Pathology and Multiple Lab Spaces.

Project 600-14-116 Construction Services Long Beach, California VA Health Care System (600)

B.1 INTRODUCTION:

This requirement is for Construction Services for Project 600-14-116 “Renovate Phlebotomy, Pathology, Histology and other Lab Spaces, building 126” at Tibor Rubin VA Medical Center, 5901 E, 7th Street, Long Beach, CA 90822 in accordance with items specified herein. The contractor shall utilize the construction documents and specifications as prepared by SRD Architects. This requirement is classified under construction as it calls for the alteration of real property.

B.2 BACKGROUND / DESCRIPTION OF WORK:

A. The project will relocate the phlebotomy lab to the first floor of Building 126 and expand it from its current size. The existing phlebotomy lab will be operational in its current location during construction. The construction will be performed in phases to allow continuous operation of the existing Phlebotomy. This project was designed through awarded government contract VA262-16-D-0164 Order 36C25818N0458 to the AE firm SRD Architects.

B. The new location will provide easy access for veterans and their families to easily access the lab located on the first floor of Bldg 126. The revised location of Phlebotomy will help patients in wheelchairs gain easy access to the lab without needing to use the elevators from the first floor to the second floor allowing easier egress in case of emergency. The new location will decrease the number of people using the elevators during peak hours, which will improve patient safety and patient care.

B.3 CONSTRUCTION DOCUMENT:

Contractor shall furnish all labor, equipment, certification, supervision, and materials necessary to perform all operations in connection with this order. This requirement is classified under construction as it calls for the alteration of real property. Contractor shall perform work in strict accordance with the General Specifications, Statement of Work, Design, Schedule, and all other supporting documents for this contract to include, but not limited to, the following attachments:

1. Refer to SECTION D of Solicitation for attachments.

B.4 SPECIFICATIONS:

A. The VA Master Construction Specifications contain work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specifications shall be used as the basis for project designs.

1. Refer to SECTION D of Solicitation for attachments.

B. A complete list of these specifications can be viewed at the following website: http://www.cfm.va.gov. Specifications which address EOSH requirements include, but are not limited to:

1. Refer to SECTION D of Solicitation for attachments.

C. In the case of any differences, the specifications will govern over the drawings. Any discrepancies should be brought to the immediate attention of the Contracting Officer and COR for clarification. Any errors or omissions in the contract drawings or specifications must be provided promptly by the Contractor to the COR, but in no case later than the start of related work.

B.5 SPECIFIC REQUIREMENTS:

A. This project will Demo Mental Health space for the Renovation of the Phlebotomy.

B. This project was designed through government contract. The contractor shall provide constructions services in accordance with the attached specifications and construction documents as prepared by SRD Architects. Contract no contract VA262-16-D-0164 order 36C25818N0458.

C. This requirement will include, but will not be limited to preparation and/or performance for, submittals, change orders, field investigations, site visits, meetings and providing construction meeting minutes to the VA COR, staff interviews, phasing/scheduling, utility shut downs, infection control measures, and other related information and services.

D. The contractor shall renovate and convert the existing Outpatient Mental Health located on the first floor of Bldg. 126 into Phlebotomy to improve the functionality of the new space and to provide an ADA compliant blood draw area.

E. This project will Relocate the Phlebotomy services from 2nd floor to the 1st floor of Building 126. Reference drawings for scope of work. The following is included in the scope;

1. Convert and renovate Building 126 first floor Mental Health (4500 gsf)

2. 10 Phlebotomy blood draw stations

3. Waiting area with wheelchair spaces

4. Lab support areas

5. Supervisor office

6. Two Patient Toilets

7. Staff Unisex Toilet

8. Pneumatic Tube System to be tied to the second floor

9. Urine Collection System, Refrigerator and Send out area.

F. This project will correct architectural, structural, plumbing, HVAC, electrical, data and low voltage, and pneumatic tube related deficiencies to allow the relocation of the laboratory to the new renovated space.

G. Due to COVID-19, all contractors shall comply with VHA Long Beach Face Covering Policy unless otherwise directed by Contracting or COR. Controls are also subject to change during this period of performance based off CDC, Federal and Local regulations.

1. All workers shall be required to follow CDC guidance and social distancing guidelines with regard to COVID-19 prevention

2. Workers are required to wear masks at all times at their own expense while on campus.

3. Masks with exhalation valves are NOT permitted unless requested or approved by the COR or his/her designee.

4. The recently updated CDC IP&C Recommendations for COVID-19 (June 19, 2020) support not using respirators with exhalation valves. This is also subject to change.

https://www.cdc.gov/coronavirus/2019-ncov/hcp/infection-controlrecommendations.html

5. Respirators with an exhalation valve are not recommended for source control as they allow unfiltered exhaled breath to escape.

6. Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures as unfiltered exhaled breath would compromise the sterile field.

B.6 CONFORMANCE STANDARDS:

All design and construction accomplished pursuant to this contract shall comply with the latest edition of the following documents unless the contractor is directed otherwise by the Contracting Officer. Any exceptions shall be approved in writing by the Contracting Officer prior to construction startup.

1. VA Master Construction Specifications – VA Technical Information Library link: https://www.cfm.va.gov/til/spec.asp#01

2. VA Construction Standards

3. VA Seismic Design Handbook

4. VA Space Planning Criteria

5. VA Design Manuals

6. VA CADD Standards

7. NFPA 101, Life Safety Code

8. NFPA 70, National Electric Code

9. NFPA 99, Health Care Facilities

10. NFPA 12, Installation of Sprinkler Systems

11. Accessibility Standards (ADAAG, ABAAS, Barrier Free Design Guide)

12. AIA Guidelines for Construction and Equipment of Hospital and Medical Facilities

13. International Building Codes

14. State and Local codes and guidelines (as applicable)

B.7 HOURS OF COVERAGE:

A. Normal hours of operation are Monday through Friday from 7:30 am to 4:00 pm PST time. All work is expected to be performed generally outside of normal hours of coverage unless requested or approved by the COR or his/her designee.

B. Before commencement of work, the Contractor shall confer with the VHA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building. All work performed, to include delivery of materials and equipment, shall be made with minimal interference to Government operations and personnel.

C. Federal Holidays observed by Veterans Health Administration are:

1. Federal Holidays are as follows:

2. For actual dates observed, see the following link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

B.8 IDENTIFICATION, PARKING, NO SMOKING, & VA REGULATIONS:

The Contractor's FSEs shall wear visible badge identification issued by VAHCS Police Section at all times while on the premises of VAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. VAHCS shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is strictly prohibited anywhere on the Veterans Affairs Health Care Facilities, to include main facility, and any other buildings at or on the premises. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

B.9 INFORMATION SECURITY:

In accordance with Appendix A, Handbook 6500.6 Checklist blocks 7, the C&A requirements do not apply to this requirement, and Security Accreditation Package is not required. The nature of this requirement is technical; however, there is no information to be protected.

B.10 POINTS OF CONTACT AND PHYSICAL LOCATION:

Access to worksite shall be coordinated through:

Tibor Rubin VA Medical Center, Long Beach 5901 East 7th Street, Long Beach, CA 90822 COR will be appointed at time of award via COR Delegation Memo.

B.11 PERIOD OF PERFORMANCE:

Commencement of work shall begin within 10 days of receipt of written Notice to Proceed (NTP) and should last no longer than a duration of TBD calendar days after date NTP is issued.

(Note: Reference Section A.4 for Main Item and Bid Additives POP)

B.12 SUBMITTALS:

A. Contractor shall submit all required material/shop drawing submittals to the Contracting Officer within 10 calendar days of award, or as agreed to by the Contracting Officer for approval. No materials shall be installed prior to approval via submittal exchange or other electronic transfer method.

B. All material submittals and shop drawings shall have the Project Title, Project Number, and Contract number clearly indicated.

C. Material submittals and shop drawings shall be checked and signed by the Contractor’s Quality Control Manager prior to submission to the Government.

D. Submittals shall be legible and shall include all technical data needed to verify that the item meets requirements of listed specifications, and applicable codes.

E. Contractors shall utilize Material Approval Submittal (or similar template) for use as cover sheet when submitting to Government for approval. Forms shall be provided to contractor at post-award, pre-construction conference.

B.13 COMMENCEMENT, COMPLETION, AND PAYMENT FOR WORK:

A. The Contractor shall be required to commence work required at the time specified on the Notice to Proceed (NTP), execute the work, and complete the entire work not later than the completion time specified on the NTP. The time stated for completion shall include final cleanup of the premises. At the government’s option, it may choose to specify a two-stage performance period. For example, separating material lead-time from construction days can considerably decrease the length of time occupied buildings are inconvenienced by construction.

B. Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for the Contractor employees; and the like. Delivery of materials and equipment shall be made with minimal interference to Government operations and personnel.

C. The Contractor shall be paid monthly upon submission of proper invoices for work completed. If the performance period exceeds 30 days and a progress schedule (approved by the Government) has been submitted, partial payment(s) may be authorized. Final payment shall be withheld until all discrepancies are corrected and as-built drawings are approved by the Government.

D. The contractor shall coordinate no less than bi-weekly progress meetings with the COR and/or Contracting Officer to discuss at a minimum; progression of work, projected progress versus actual progress, action items due from the contractor, submittals, invoicing, payroll submission and associated 1413’s, change order request, RFI’s, safety action items due from the government, and any other significant issues that require attention. The contractor also shall document the meeting minutes and forward a signed copy to the COR for concurrence of the documentation. Copies of all minutes shall be forwarded to the Contracting Officer and COR. In the event of any discrepancies, the Contracting Officer or COR shall be notified immediately for clarification. Contractor shall use the Meeting Minutes form (or similar template) provided for use at the post-award, pre-construction conference.

B.14 ESTIMATED COST RANGE

Magnitude estimated price ranges are between $2,000,000 and $5,000,000 in accordance with (IAW) VAAR 836.204

B.15 MODIFICATIONS:

Modifications for this project shall be submitted to the assigned COR who shall then submit a formal request to the Contracting Officer (CO). Work, time, cost or scope changes are not allowed to commence prior to Contracting Officer’s signed and/or written approval via fully executed Standard Form (SF) 30 modification.

B.16 ACRONYMS:

A. ABAAS - Architectural Barriers Act Accessibility Standard B. ADAAG - Americans with Disabilities Act Accessibility Guidelines.

C. AIA - American Institute of Architects' AIA D. CAC - Certified Asbestos Consultant E. CADD - Computer Aided Design and Drawing F. CO - Contracting Officer. The Federal employee who is warranted by the Government to enter into contracts on behalf of the Government and is the only person authorized to make changes to those contracts G. COR - Contracting Officer's Representative. Individual designated by the CO to place orders, furnish technical guidance, advice, certify invoices, and provide general supervision of the work performed under the executed contract H. EOSH - Environmental and Occupational Safety and Health I. EPA - Environmental Protection Agency J. FSE - Field Service Engineer K. HIPAA - Health Insurance Portability and Accountability Act of 1996 L. ICRA - Infection Control Risk Assessment M. IPRM - Information Protection Risk Management N. ILSM - Interim Life Safety Measures O. ISO - International Standards Organization P. LBVAHCS - Long Beach VA Health Care System Q. MOU - Memorandum of Understanding R. NFPA - National Fire Protection Association S. NTP - Notice to Proceed T. OEM - Original Equipment Manufacturer U. OSHA - Occupational Safety and Health Administration V. SF - Standard Form W. SME - Subject Matter Expert X. SOW – Statement of Work Y. TIL – Technical Information Library Z. TWA - Time-Weighted Average AA. VA – Veteran Affairs AB. VAHCS – Veteran Affairs Health Care System AC. VHA - Veterans Health Administration

(END OF SOW)

36C25821B0005

Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than See A.4 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

C.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ‘‘not dominant in its field of operation’’ when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that—

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.] (End of Clause)

C.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means any article, material, or supply incorporated directly into construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

N/A

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Item 1:

Foreign Construction Material

Domestic Construction Material

Item 2:

Foreign Construction Material

Domestic Construction Material

[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)

C.4 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by:

See Section D Attachments

(b) Weather Conditions:

N/A

(c) Transportation Facilities N/A

(d) Other Physical Data See Section D Attachments

(End of Clause)

C.5 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)