REV36C25621R0159_1.docx

36C25621R0159 Supplement B

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

Department of Veterans Affairs Chief, A&MM (90C/NLR) Central Arkansas Veterans HCS 2200 Fort Roots Drive, Bldg 41, Room 200 North Little Rock AR 72114 1706 Design to Improve Physical Medicine and Rehabilitation Service

Provide an Architectural/Engineering (A/E) design solution for the above mentioned project.

The project includes site investigation/verification of the existing systems, prparation of design development, construction documents, specifications, cost estimates, construction period services and construction site visits. The project is in the VA Hospital Historic District at the Eugene J. Towbin Healthcare Center Building 170 located in North Little Rock, AR, 72114.

Construction magnitude for this project is $2,810.000.

Total set-aside for Service Disabled Veteran Owned Business.

The NAICS code for this requirement is 541330 Engineering Services.

Size Standard is $16.5 million.

This is a request for your companies SF-330s and not a request for pricing. Please provide just your SF-330s by July 28, 2021 following the details in the attachment labeled SF-330 request.

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

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS FOR PROPOSAL SUBMISSION

PROPOSAL PREPARATION INSTRUCTIONS

NOTE: ALL PROPOSAL PREPARATION COSTS WILL BE THE SOLE RESPONSIBILITY OF THE OFFEROR. THE GOVERNMENT WILL NOT REIMBURSE ANY FIRM FOR THEIR PROPOSAL PREPARATION COST.

PROPOSAL FORMAT AND CONTENT: This section of the RFP provides general guidance for preparing as well as specific instructions on the format of the proposal.

All proposals shall be submitted in one (1) original and three (3) paper copies. The Offeror is also required to submit one Computer Disk in Word or PDF. No password protect, zipped files or self-extracting files. Email submission will not be accepted.

Mailed /hand carry all proposal to: Network Contracting Office 16

PROPOSAL:

(a) Complete the Standard Form 252—Blocks 3A, 3B, 3C, and Block 11. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP. All sections of the RFP, excluding Representations and Certifications and Instructions to Offerors constitute the contract.

(b) Bid Schedule – Insert proposed pricing into attached bid schedule, pricing must be provided for all line items, base and all option years. (See Solicitation Section Schedule of Rates)

(c) Contract Administration Data, Administrative Matters—Complete in its entirety.

(c) Representations and Certifications – Complete the necessary fill-ins and certifications in ALL required sections. The Representations and Certifications sections shall be returned in their entirety. For other solicitation sections, Offerors shall submit only those pages that require a fill-in.

(d) Attachment 1Financial Institution Reference Sheet – Complete as per instructions.

(e) Financial data and the methodology used to calculate proposed overhead rates for the prime firm and any subcontractors. Identify all costs not allowable by FAR 31.2

(f) The name and address of any Government audit agency that has conducted an audit of the firm within the last year.

(g) Acknowledge any and all amendments.

Class Deviation from VA Acquisition Regulation (VAAR) 819.7003 Eligibility

Specifically, this deviation adds an exception to VAAR 819.7003 at VAAR 819.7003 (e). The exception provides that: At the time of submission of an offer, previously verified SDVOSB/VOSB firms identified by the Center for Veterans Enterprise (CVE) as currently undergoing the SDVOSB/VOSB re-verification process are eligible for Fast Track. However, an award shall not be made to the offeror-firm until verification is complete. Fast Track applications will be processed within 21 business days when practicable.

VAAR 819.7003 Eligibility.

(a) Eligibility of SDVOSBs and VOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs and VOSBs.

(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a—

(1) SDVOSB concern or VOSB concern;

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Verified for eligibility in the VIP database.

(c) A joint venture may be considered an SDVOSB or VOSB concern if

(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.

(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.

NOTE!! All Offeror shall provide proof of verification as a Service Disabled Veteran Owned Small Business (SDVOSB) from the Center for Veterans Enterprise (CVE) that shows that they have been verified or re-verified along with proposal submission.

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REPRESENTATIONS AND CERTIFICATIONS

1.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (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 $16.5 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, 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 will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(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 will be performed in the United States or its outlying areas.

(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 items.

(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 $83,099, the provision with its Alternate II applies.

(C) If the acquisition value is $83,099 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 (OCT 2020) 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 Items. 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 determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) 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 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)(2) 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 PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

1.3 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (FEB 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).] _____ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

36C25621R0159 Representations And Certifications (End of Provision)

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GENERAL PROVISIONS

CP PROCEDURES FOR ARCHITECT-ENGINEER TO FOLLOW IN ENGAGING PROFESSIONAL SERVICES AS A REIMBURSABLE ITEM UNDER THEIR CONTRACT

(a) The AE shall select at least three (3) professionally qualified firms to perform the needed services. He shall have each firm submit completed Standard Form 330, U.S. Government Architect Engineer Questionnaire. The AE shall submit the three (3) qualified firms Standard Form 330s to the VA for verification that the firms are acceptable and upon approval shall hold informal interviews with qualified firms. After an appraisal of each firm's capabilities, availability to do the work within the scheduled time and other consideration of the written scope of professional work, the AE shall list the firms in order of professional qualification and desirability. He shall next begin the negotiation stage with the firm considered most suitable, discussing the scope of work required and obtaining the amount of the firms lowest acceptable fee together with any applicable unit fees. No fee negotiations shall take place with any other qualified firm until fee negotiations with first qualified firm have been successfully negotiated or terminated.

(b) The AE shall submit the following information to the Contracting Officer for his information and review:

(1) List of the three (3) qualified firms arranged in order of desirability together with Standard Form 330 and any other appropriate information.

(2) Copy of Scope of Professional Work describing nature of services to be performed.

(3) Name of the recommended firm with a brief justification for its selection and the amount of the lowest acceptable fee and unit fee(s) quoted by the recommended firm to perform the work.

(4) AE's cost estimate of value of service to be performed.

(c) The Contracting Officer will review the AE's submission and, if acceptable, he will authorize the AE to contract for services. If found unacceptable, the AE may be directed to:

(1) Re-negotiate with the recommended firm to attempt to obtain a lower fee and failing to do this terminate negotiations, or

(2) Terminate negotiations with the recommended firm and start negotiation with the next best qualified firm until a mutually acceptable fee is arrived at and the Contracting Officer authorizes the AE to contract for the services.

CP PROCEDURE FOR SUBMITTAL BY ARCHITECT-ENGINEERS OF MONTHLY DESIGN PROGRESS REPORT

(a) Purpose: The purpose of the Monthly Design Progress Report is to provide a basis for the computation of amounts claimed for monthly payments for the services rendered under the AE contract and to permit the processing of internal VA administrative progress reports.

(b) Preparation: The AE shall prepare and submit a report to the Contracting Officer in the format shown on the attached sample. The percentage completion reported shall be established as carefully as possible to the nearest round figure as of the last working day of the reporting month.

(c) Reporting Entries:

(1) Architectural Construction Documents: Submit the percent completion for all architectural contract drawings and specifications including structural, site planning, landscape architecture.

(2) Engineering Construction Documents: Submit the percent completion for all engineering contract drawings and specifications including irrigation, electrical, plumbing, heating, air conditioning, sanitary and equipment.

(3) Overall Design Completion: In computing the overall design completion percentage the individual percentages will be weighted in accordance with their proportional part of the total project.

SAMPLE

Contracting Officer I hereby certify that the following is percent completion of construction documents on ____________________________ being prepared for Project No. , Contract No. , located at ______________________________________,

Architect-Engineer

CP PROCEDURE FOR SUBMITTAL BY ARCHITECT ENGINEER OF INVOICE FOR PAYMENT

(a) Invoice: The AE shall prepare each invoice for payment for services rendered under the contract on his letterhead in the format shown on the attached sample and submit an original and one (1) copy of each invoice to the Contracting Officer. Invoices shall indicate the section of the contract under which payment is claimed, the pertinent service performed, the percentage of the service completed applied to the total contract amount for the service and the amount due. The invoice for payment for "Site Visits" shall be submitted as a package with the record of site visits made during the pertinent period certified by the Resident Engineer.

To constitute a proper invoice the invoice MUST include the following information:

SAMPLE

Date : Invoice #:

MAIL TO: Contracting Officer

FOR PROFESSIONAL SERVICES RENDERED TO DATE:

RE: AE CONTRACT NO. PROJECT NO. STATION

Installment for (Month, Year) A. Contract amount for design portion plus related modifications that are to be paid for based upon the percent of completed work, _____ x _____ percent complete = $____________ B. Completed modifications that are only to be paid for when all work has been completed and accepted by the Contracting Officer = $____________ C. Contract amount for construction period services, ______ x _____ percent complete = $___________ D. Site Visits for each RATE should be shown individually i.e.:

AUTHORIZED #______ visits @ $_______ = $________ ____ visits @ $_____ = $______ This Invoice $________ ____ visits @ $_____ = $______ Previously Invoiced $________ TOTAL AMOUNT EARNED $________ LESS PREVIOUS PAYMENTS $________ AMOUNT DUE $________

Payment of the above amount now due is hereby requested.

Payee Per(Signature) Title

CP PROCEDURE FOR COMPUTATION OF BUILDING AREA

1. The AE shall submit to the Contracting Officer a report of the gross area of his design at each of his submissions. The AE shall prepare the gross area computation for Buildings.

22. List of Computations:

3. Areas which are not counted in gross area: Pipe basement or crawl space Areaways, either grilled over or open Cat-Walks Outside ramps or steps (without cover) Exposed mechanical equipment enclosed with a screen wall but not roofed Fuel tanks or pneumatic tanks placed underground Mezzanine or balcony in two-story rooms when mezzanine or balcony is a grille floor without equipment Porches Outside balconies Areaways Loading platforms Covered driveways Other roofed areas or passage without enclosing walls

CP PROCEDURES FOR ARCHITECT ENGINEERS TO FOLLOW TO OBTAIN APPROVAL OF REIMBURSABLE ITEMS NOT OF A PROFESSIONAL NATURE AND PRINTS OR REPRODUCIBLE PRINTS

(a) To obtain approval of reimbursable items referred to in Special Provisions, Article entitled, Reimbursements, SPH 1, and only when professional services are not part of these items, the AE shall:

(1) Prepare specifications and drawings describing the items to be furnished.

(2) Obtain not less than three (3) bids stating the items, quantities, all other particular demands, unit prices, and total prices for the particular items.

(3) Submit recommendation and request for authorization to the Contracting Officer for his review and approval. This submission will include:

(a) A copy of the specifications and, if required, plans describing the items to be furnished.

(b) A copy of each bid.

(c) A recommendation indicating the items to be furnished by the bidder, unit prices, total quantities, total lump sum price and the name of the firm recommended for the award of the contract.

(b) To obtain prints, or reproducible prints, referred to in Special Provisions, Article entitled, Reimbursements, SPH 1, the AE shall:

(1) Prepare specifications describing the prints or reproducible prints, to be furnished. (Weight and quality of paper, size of sheets, number of sheets per set, number of sets, method of binding, etc.)

(2) Obtain at least three (3) bids for prints or reproducible prints from at least three (3) different printing companies stating the kinds of prints or reproducible prints, weight and quality of paper, price per square foot, number of square feet for sheet, the price per sheet, price per set, and total price.

(3) Submit recommendations and request for authorization to the Contracting Officer for his review and approval. This submission will include:

(a) A copy of the specifications.

(b) A copy of each bid.

(c) Recommendations as to the type of prints or reproducible prints, the weight and quality of paper, the price per square foot, number of square feet per sheet, the price per sheet, price per set, total price, and the name of the firm recommended for the award of the contract.

(c) No obligations shall be incurred for work covered by this procedure until written approval of the Contracting Officer is received. Expenditures for this work shall not exceed the approved amount without prior written approval of the Contracting Officer.

CP PROCEDURE FOR ISSUANCE OF AMENDMENTS TO BIDDING DOCUMENTS

(a) General: Before amendments needed to clarify or supplement documents on which bids have been invited are issued, they shall be authorized by the Contracting Officer. Amendments that correct obvious errors or discrepancies shall be issued as far in advance of the bid opening dates as circumstances permit. No amendments shall be issued so late as to be received by bidders less than five working days before the opening of bids. Amendments which must be sent out within the final ten days prior to the opening of bids shall be transmitted by telegram, FAX, overnight mail delivery or email.

(b) Amendments Requiring Special Approval: Amendments which will have one or more of the following results must be approved by the Contracting Officer in writing before being issued:

(1) The likelihood of a significant increase in the dollar amounts of project bids.

(2) Deviations from VA standards.

(3) Recognized variances from accepted practices.

(4) Change in the bid opening location or date.

The AE, or VA professional staff, shall prepare and submit to the Contracting Officer for approval a justification for amendments of this type in sufficient detail to fully explain the need for the changes and to justify any additional cost, departure from criteria or common practice or change of the bid opening location or date. Unless time is a critical consideration, the final draft of the amendment shall accompany the justification.

(c) General Instructions:

(1) The Contracting Officer may authorize the AE, or VA professional staff to issue without prior approval, amendments correcting minor errors or omissions. Informal discussions will be used whenever appropriate to expedite the issue of such amendments. Copies of such amendments shall be sent to the Contracting Officer immediately after issue by the AE, or VA professional staff.

(2) The AE, or VA professional staff, shall advise the Contracting Officer in writing of the reason for not including in his amendments any items proposed by the Department of Veterans Affairs.

(3) Where time requires a telegraphic, FAX, overnight mail delivery or email amendment, a description of the amendment and a complete justification shall be approved by the Contracting Officer before issue to the bidders. Approval or disapproval of the amendment will be forwarded to the AE, or VA professional staff, by the Contracting Officer. The AE, or VA professional staff, shall keep clear and concise records of all approvals. Such records shall be retained in the AE's files until the completion of construction at which time they shall be sent to the Project Manager with the other contract documents.

CP PROCEDURE FOR PROCESSING SHOP DRAWINGS AND MANUFACTURER'S LITERATURE

(a) Shop drawings and manufacturers' literature shall be processed as follows:

(1) The Architect Engineer receives one direct photographic paper reproducible copy of each drawing and four sets of manufacturers' literature from the Contractor. The AE shall check the Contractor's shop drawings and manufacturers' literature, stamp them, fill in the required items in the upper portion of the Review Action Stamp, indicate recommended action by use of memorandums and forward to the Resident Engineer or Project Manager within 15 days. When sufficient space is not available on Shop Drawings or Manufacturers' literature to accommodate all comments, they shall be stated in a memorandum that shall be stapled to Shop Drawings or Manufacturers' literature.

(2) Concurrent VA Central Office reviews are required for certain materials, equipment and systems. The requirements for these concurrent reviews are listed in the contract specifications. The additional submittal material received by the AE shall be forwarded to the Project Manager for Central Office review. The Resident Engineer will not return the submission to the Contractor until he has received the AE and Central Office recommendations. Conflicting recommendations will be referred to the Project Manager for resolution.

(3) Shop drawings, submissions and manufacturers' literature shall be identified with numbers relating them to specific sections of the contract specifications, plus suffix numbers indicating the sequence of the approval or disapproval of each item, e.g., 17 1 for first item evaluated, 17 2 for second item evaluated, etc. Shop drawings and manufacturers' literature resubmitted shall be identified by adding to the original number the letter R and numerals 2, 3, 4, etc., for example 17 1, 17 1R, 17 1R2, 17 1R3, etc. If additional identification is required, such as a further breakdown of paragraphs, the paragraph number may be added in parenthesis to the basic reference, e.g., 17 1R3 (Par. 14a). Submissions, after having been evaluated, shall be filed under the appropriate specification section number. Where the same items have been specified under two or more sections of the specifications, the shop drawings and manufacturers' literature shall be filed under one appropriate section and cross referenced.

(4) Approved or disapproved shop drawings and manufacturers' literature shall be distributed as follows:

(a) The original reproducibles received from the Contractor will be retained by the AE.

The AE shall reproduce two direct photographic paper reproducibles from the checked reproducibles for transmittal to the Resident Engineer or Project Manager. The Resident Engineer or Project Manager will retain one reproducible and transmit the other to the Contractor.

(b) One set of approved or disapproved manufacturers' literature shall be retained by the AE. Three sets will be transmitted to the Resident Engineer or Project Manager who will retain one set and forward two sets to the Contractor.

(5) The AE…