S02 36C26224R0013_1 AE MATOC IDIQ FY25 FINAL.pdf

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

Provided at time of award

U.S. Dept. of Veterans Affairs VHA Regional Office-West Networking Contracting Office 22 4811 Airport Plaza Drive., Suite 600 Long Beach, CA 90815

VA, VHA, NCO 22 (all), POC: Erin Watson, Contracting, Network Contracting Office 22, Erin Watson3@va.gov. This requirement is for all of the Veterans Integrated Service Network (VISN) 22, Design Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award Task Order Contract (MATOC), Solicitation #36C25624R0013.

a. Professional Architect/Engineering (A/E) firms to provide professional multi-discipline expert consulting services to all VISN 22 facilities in Arizona, New Mexico & Southern California [see statement of work (SOW) for details].

Services include: development of schematic, design, and construction drawings as necessary for all project; construction period of services (CPS) for all design contracts leading to construction; cost estimates; schedules; digital models to communicate concepts to users; physical space mock ups; and preparation of SOW. A/E shall prepare site and architectural or line plans; magnitude cost estimates; analytical, investigative, and certification services reports; and attend site visits, validation of clinical program workloads and related data as necessary to provide applicable design and construction solutions.

b. This solicitation is 100% set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) concerns IAW Public Law 109-461. This is a multiple award solicitation/contract. There is no maximum number of offers allowed.

c. The applicable NAICS code and corresponding Size Standards are as follows:

541310 - Size Standard is $12.5M; 541320 - Size Standard is $9M. and 541330 - Size Standard is $25M.

d. The contract period of performance consists of a base contract period and four (4) option periods to extend the terms for one (1) additional year each. The following are the tentative dates of service, depending on the base award:

Base Award Period: 10 Dec 2024 - 09 Dec 2025 (or 365 Calendar Days following date of award.

1st Option Year: 10 Dec 2025 - 09 Dec 2026 (Dates will be adjusted IAW the base award date as shown above.)

2nd Option Year: 10 Dec 2026 - 09 Dec 2027 (Dates will follow 1st Option Year and run 365 calendar days.)

3rd Option Year: 10 Dec 2027 - 09 Dec 2028 (Dates will follow the 2nd Option Year and run 365 calendar days.)

4th Option Year: 10 Dec 2028 - 09 Dec 2029 (Dates will follow the 3rd Option Year and run 365 calendar days.)

e. The Government will evaluate submitted SF 330 packages. If your firm is selected to continue to the second and final stage of the selection process, the formal pricing stage, the firm must complete the A&E Fee Proposal Worksheet, located at Attachment V. Upon receipt, the Government may accept the proposed pricing or reject pricing if considered unreasonable to justify entering into formal negotiations. If offered pricing appears to be fairly reasonable the Government may enter into negotiations to attempt to reach an acceptable price.

f. Request for Information (RFI) are due no later than 20 September 2024 at 2:00 pm PST via email to Erin Watson, erin.watson3@va.gov. SF 330s are due no later than 7 October 2024 at 12:00 pm PST to said email.

g. Minimum offeror guarantee, IAW with block #7 below, shall be paid to Contractors who have not received the minimum award amount guarantee through awarded Task Orders, prior to the expiration period of the final exercised period.

POC: Erin Watson, Contracting, Erin Watson3@va.gov

Minimum Guarantee is $2,500.00, Individual T.O. shall not exceed $5 Mil, IDIQ Max is $45M for life of the contract.

40 U.S.C. 1101-1104, 38 U.S.C. 8106 and 48 CFR 606.

Appropriation and Accounting Data shall be referenced in each task order. Provided at time of award.

36C26224R0013 General Conditions

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

VISN 22 Wide Design IDIQ MATOC Solicitation

- Schedule B, CLIN, Instructions to Offerors, & the Evaluation Criteria

- Statement of Work

- VA 6298 Pricing Fee Proposal

- Department of Labor Wage Determination - The specific determination applicable is based on the location of where the contractor performs work. The proper classification is based on location of work and must be incorporated into the applicable contract. The contractor must list all "Non-Professional" employees and ensure wages are paid IAW the appropriate wage determinations. Positions such as office administration staff, drafters/CAD operators, engineering technicians, surveying technicians, and etc. should be considered. For clarification, contact the Department of Labor for questions and concerns.

Note: This information pertains to the price proposal if requested.

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF252 ARCHITECT-ENGINEER CONTRACT

A.2 SF252 ARCHITECT-ENGINEER CONTRACT- BACK

CLIN 1000 – “IDIQ MATOC A&E DESIGN SERVICES”

SCHEDULE B

INSTRUCTION TO OFFERORS

REPRESENTATIONS AND CERTIFICATIONS

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(FEB 2024)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) 23

GENERAL CONDITIONS

52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (NOV 2021)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.216-18 ORDERING (OCT 1995)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEP 2019)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT

2018)

852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (OCT 2019) 47

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY

REFERENCE (JAN 2008)

SUPPLEMENTAL INSURANCE REQUIREMENTS

MANDATORY WRITTEN DISCLOSURES

STATEMENT OF WORK

ATTACHMENTS

CLIN 1000 – “IDIQ MATOC A&E DESIGN SERVICES”

ITEM NO SUPPLIES/SERVICES MAX QTY UNIT UNIT PRICE MAX AMOUNT

CLIN UNDEFINED Dollars UNDEFINED UNDEFINED

Basic Period (Approximately ONE Year) – From the Date of award through 365 calendar days.

The below description applies to the base period of performance and each of the option years. Accordingly, it will not be necessary to show the complete description again on each of the following CLINS.

Firm Fixed Price (FFP)

The following description of service applies to the basic award period and all exercised option periods as shown in Contract Line Item Numbers (CLINs) 1000, 1001, 1002, 1003 and-1004.

Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award Task Order Contract (MATOC) for “Architecture and Engineering (A&E) Design Services” – Contractor shall provide all plant, labor, equipment, appliances, materials, expertise and supervision necessary for various maintenance, repair and construction design Task Order Contracts for the Department of Veterans Affairs (VA). This contract covers All VA medical sites under the operational control of Veterans Integrated Service Network (VISN) #22. The physical site locations are comprised of the following:

The New Mexico VA Health Care System (NMVAHCS), 1501 San Pedro Drive SE, Albuquerque, NM;

The Greater Los Angeles VA Healthcare System (GLAVAHCS), 11301 Wilshire Blvd, Los Angeles, CA 90073;

The Loma Linda VA Health Care System (LLVAHCS), 11201 Benton St, Loma Linda, CA 92357;

The Long Beach VA Health Care System (LBVAHCS), 5901 E. 7th Street, Long Beach CA 90822

The San Diego VA Health Care System (SDVAHCS), 3550 La Jolla Village Drive, San Diego, CA 92161;

The Phoenix VA Health Care System (PVAHCS) 650 E. Indian School Rd Phoenix, AZ 85012;

The Northern Arizona VA Health Care System (NAVAHCS) 500 Hwy 89N Prescott, AZ 86313;

and The Southern Arizona VA Health Care System (SAVAHCS) 3601 S. 6th Ave Tucson, AZ 85723.

Each have requirements for on-going facility upgrades, construction, alterations, and repair of buildings, structures and other real property.

Contractor will provide complete detailed pricing on the VA Form 6298 “Architect Engineer Fee Proposal” schedule or the attached Excel formatted edition for the Base period of performance and for each option period of performance. Failure to provide this with your solicitation submission will result in disqualification from further award consideration.

MAXIMUM Contract Value for the Base Period and All Option Years, cumulatively, is $45,000,000.

1001 UNDEFINED Dollars UNDEFINED UNDEFINED

Option Year One – 365 calendar days after date of basic award – through 365 calendar days.

FFP

1002 UNDEFINED Dollars UNDEFINED UNDEFINED

Option Year Two – 365 calendar days following the award date for Option Period 1 thru 365 calendar days

1003 UNDEFINED Dollars UNDEFINED UNDEFINED

Option Year Three – 365 calendar days following the award date for Option Period 2 thru 365

1004 UNDEFINED Dollars UNDEFINED UNDEFINED

Option Year Four – 365 calendar days following the award date for Option Period 3 thru 365

FFP

SCHEDULE B

INSTRUCTIONS TO OFFERORS

CLIN 1000 – A&E IDIQ MATOC

INSTRUCTION TO OFFERORS

a. Deadline. Interested parties shall submit one (1) complete and electronically signed original electronic SF 330s and any corresponding attachments required to Erin Watson at erin.watson3@va.gov. Responses are required no later than 12:00 p.m. Pacific Standard Time, 7 October 2024. RFI’s are required to be submitted no later than 2:00 p.m. Pacific Standard Time, 20 September 2024.

Ref: 36C26224R0013_1

Be advised responses received to the aforementioned email address after the deadline will be considered late and will be processed in accordance with FAR 15.208.

b. Email submission is required for this solicitation. Large documents shall be submitted in zip file format.

c. FIRMS MUST INCLUDE THE UNIQUE ENTITY ID (UEI) FOR THE OFFICE OF

THE FIRM PERFORMING THE WORK IN SECTION B.5 OF THE SF 330. Cover letters and extraneous materials (brochures, etc.) will not be considered.

d. One (1) Certificate of Compliance for Services and Construction completed and signed as per clause 852.219-75 VA Notice of Limitations on Subcontracting-Certificate of Compliance for Services and Construction. Sample certification provided within the clause as identified in the solicitation. The Government will not consider offers from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

mailto:erin.watson3@va.gov

e. Exchanges for this solicitation will only be conducted via electronical means (email or Microsoft Teams).

EVALUATION CRITERIA

The following evaluation criteria is listed in descending factor order of importance and weight, and will be used for the SF330 evaluations.

a. FACTOR 1 – PROFESSIONAL QUALIFICATIONS AND SPECIFIC EXPERIENCE. All key personnel for whom resumes are provided shall be shown on the organizational chart in Section D of SF 330. Additional staff available for work on this contract shall be indicated on the chart by providing how many staff members will be working on the contract with each key discipline.

Submission Requirements: Documentation must be provided to show these individuals have worked together as a team on previous projects and their role.

(Completing Sections E, F, and G, on the SF-330 meets the documentation requirement). Furthermore, offerors shall describe the ability of the firm to manage, coordinate and work effectively with team members, both internal staff and consultants. Discuss the history of working relationships with team members, including joint venture partners where applicable.

1) Resumes shall be provided for qualified professional personnel in Section E of SF-330 Part 1. Resumes are limited to one page each and shall only be submitted to include the required number of professional personnel that will be working on the contract specified in the following key disciplines that are required to be licensed, registered, and/or certified:

i. two (2) architects,

ii. two (2) structural engineers,

iii. two (2) civil engineers,

iv. two (2) mechanical engineers,

v. two (2) electrical engineers,

vi. one (1) fire protection engineer,

vii. one (1) geotechnical engineer, and

viii. one (1) certified industrial hygienist.

2) Resumes shall be provided for other key personnel as follows:

i. two (2) project managers,

ii. one (1) interior designer,

iii. one (1) cost estimator, and

iv. one (1) landscape architect.

v. Registration/certification for all is strongly encouraged.

vi. The fire protection engineer must be either:

(a) an engineer having a BS or MS degree in fire protection engineering from an accredited university engineering program, plus a minimum of 5 years work experience in fire protection engineering;

(b) a registered PE who has passed the National Council of Engineers and Surveying (NCEES) fire protection engineering written exam; or

(c) a registered Professional Engineers (PE) in a related engineering discipline with a minimum of 5 years of experience dedicated to fire protection engineering. Other personnel should be shown on the organizational chart by discipline in the total number available for utilization on task orders assigned under this contract. Show lines of responsibility and communication between project team leaders and team members.

vii. The evaluation of all key personnel will consider education, training, registration, overall and relevant experience, and longevity with the firm.

b. FACTOR 2 – SPECIALIZED EXPERIENCE AND TECHNICAL

COMPETENCIES.

1) Specialized experience and technical competence in:

i. Designing in an active hospital environment;

ii. Design of new facilities & rehabilitation of existing facilities or utility systems of various types, sizes, and complexities;

iii. Experience in energy conservation, pollution prevention, waste reduction, the use of recovered materials, LEED certification, and sustainable design;

iv. Attend site visits during scope development and Construction Administration;

c. FACTOR 3 – CAPACITY TO ACCOMPLISH WORK. Firms must address and demonstrate the capacity to execute several large Task Orders or multiple small Task Orders simultaneously. The evaluation will also consider the capacity of key personnel available and dedicated to complete routine Task Orders within mandated schedules.

Submission Requirements: Provide no more than five (5) specific examples in Section H of SF 330, to include the total design value(s) for each large Task Order, small Task Order, and routine Task Order accompanied with the original submittal schedule(s) and the actual completion schedule(s). The information submitted must indicate and support the ability to successfully manage and execute multiple projects of varying dollar magnitudes. The evaluation will consider key personnel identified in Sections D, E and G, as well as other available staff.

d. FACTOR 4 - PAST PERFORMANCE. Offerors will be evaluated on past performance with Government agencies and private industry in terms of work quality, compliance with schedules, cost control, and stakeholder/customer satisfaction. Evaluating past performance and experience will include information provided in Past Performance Questionnaires (PPQs) or CPARS/ACASS for projects and may include other information provided by the firm, customer inquiries, Government databases, and other information available to the Government including contacts with points of contact in other criteria. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being rated lower.

Submission Requirements: SUBMIT A COMPLETED CPARS/ACASS

EVALUATION FOR EACH PROJECT UNDER CRITERION 2.

1) IF A FIRM DOES NOT PROVIDE RELEVANT PAST PERFORMANCE

CPARS OR Past Performance Questionnaire (PPQ) (Attachment (A)), it will be rated as neutral.

2) IF THERE IS NOT A COMPLETED CPARS/ACASS EVALUATION, PPQ

included in this notice is provided for the offeror or its team members to submit to the client for each project the offeror includes.

3) AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED

CPARS/ACASS IS AVAILABLE.

4) IF A CPARS/ACASS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact.

5) Completed PPQs should be submitted with your SF 330. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the response date set forth in this notice, offerors should complete and submit with their responses the first page of the PPQ (Attachment III), which will provide contract and client information for the respective project(s).

6) Offerors may submit a PPQ previously submitted under a different Notice/RFP (legible copies are acceptable) as long as it is on the same form as posted with this solicitation. Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If requested by the client, questionnaires may be submitted directly to the Government's point of contact, Network Contracting Office 22, Attn: Erin Watson via email at erin.watson3@va.gov prior to the response date.

7) Offerors shall not incorporate by reference into a PPQ or CPARS previously submitted in response to other A/E services procurements. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

e. FACTOR 5 – LOCATION IN THE GENERAL GEOGRAPHIC AREA AND

KNOWLEDGE OF LOCALITY.

Firms/Teams will be evaluated on the location of their office or offices that will be performing the work under this contract and knowledge of locality as it pertains to design and construction methods in the following areas, which shall be presented in Section H of SF 330.

• Greater Los Angeles

• Long Beach

• Loma Linda

• San Diego

• Phoenix

• Prescott

• Tucson

• Albuquerque

Submission Requirements: Indicate firms/teams location, including main offices, branch offices and any sub-consultants’ offices and demonstrate how this will be advantageous to the Government. Offerors who affirm practice in the most locations will receive the highest ratings.

REPRESENTATIONS AND CERTIFICATIONS

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (FEB 2024)

(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 its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(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 re-represent 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 re-represent 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 re-represent its size status in accordance with the size standard in effect at the time of this re-representation 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 an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was 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.

(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 re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 541330 assigned to contract number Provided at time of award.

(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 124.1001.

https://www.sba.gov/document/support--table-size-standards

(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. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.]

(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) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [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)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION

(JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract for solicitation number 36C26224R0013, I will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

(End of Clause)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $15 MIL

(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 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database 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.

FAR Clause # Title Date Change

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)

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 https://www.acquisition.gov/ 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.

https://www.sam.gov/

(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…