S02_Solicitation_36C24124B0003.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24124B0003 X 10-04-2023

TBD

TBD

650C30092 650-24-107 36C241 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 Ron Fantasia Email: ronald.fantasia@va.gov Project Number: 650-24-107 This solicitation calls for construction services to provide and install a new 125KW stand-by generator at the VA Healthcare System (VAHCS), located in Providence, Rhode Island. See incorporated SOW & attachments for details.

Job Walk will commence at: 2:00 p.m. EST on October 11th, 2023.

RFIs are due to the Government by: 2:00 p.m. EST on October 18th, 2023.

RFI Responses are anticipated to be published on: October 25th, 2023.

Public Bid Opening: 2:00 p.m. EST on November 8th, 2023.

For further details concerning the times and events noted above, please refer to the "Instructions to All Bidders" portion, found at the end of this solicitation.

Awardee shall perform work in strict accordance with the General specifications, Statement of Work (SOW), Attachments, Schedule, Site Drawings, Terms & Conditions set forth in the contract.

This requirement is 100% set aside for SDVOSB concerns.

Magnitude of this project is between $100,000 and $250,000 in accordance with FAR 36.204.

Applicable NAICS and Size Standard for this acquisition is 236220 & $45M respectively.

All Bids shall be submitted via email to ronald.fantasia@va.gov

X X

FAR 52.211-10

X 2:00 p.m.

11-08-2023 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

All Items Accepted. $_____________________________________ $0.00 36C241 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices. TX 78714-9971 Ronald B. Fantasia III

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Complete project 650-24-107, "Harwood Generator" in accordance with the incorporated Statement of Work (SOW), attachments and clauses.

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1DZ - Construction of Other Hospital Buildings

A.4 DELIVERY SCHEDULE

Harwood Center 385 Niagra Street Providence, RI 02908

USA

(401) 640-4092 Mark.Perino@va.gov

Page 1 of

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work “Supply & Install Harwood Standby Generator” Project: 650-24-107

21 February 2023 Providence, Rhode Island VA Health Care System (650)

B.1 INTRODUCTION

a) This requirement is for construction services to provide and install a new 125kW standby generator at the Providence VA Health Care System (VAHCS). This requirement is classified under construction as it calls for the alteration of real property.

B.2 BACKGROUND / DESCRIPTION OF WORK:

a) The Providence VAMC requires a contractor to supply and install a new standby generator. The VAMC also requires the contractor to prepare the site to include the preparation of a concrete equipment pad, and the disposal of all subsequent waste. The work shall include, but not limited to, all labor, transportation, materials, apparatus, tools, equipment and permits necessary to complete this requirement.

B.3 CONSTRUCTION DOCUMENTS:

a) Contractor shall furnish all labor, equipment, certifications, supervision, and materials necessary to perform all operations in connections with this order. Contractor shall perform work in strict accordance with the General Specifications, Statement of Work, Schedule, and all other supporting documents for this contract to include, but not limited to the following documents:

i. Refer to Section D for list of attachments.

B.4 SPECIFICATIONS:

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

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

i. DIVISION 01 – GENERAL REQUIREMENTS

ii. DIVISION 02 – EXISTING CONDITIONS

iii. DIVISION 03 – CONCRETE

iv. DIVISION 26 – ELECTRICAL

v. DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

vi. DIVISION 31 – EARTHWORK

vii. DIVISION 32 – EXTERIOR IMPROVEMENTS

viii. DIVISION 33 - UTILITIES

B.5 SPECIFIC REQUIREMENTS:

a) PROJECT SCOPE OF WORK:

i. After award, but prior to the start of any field work, the contractor shall contact the Project Manager (PM) to review proposed methods and plans for completion of work and to review infection control procedures, interim life safety procedures, wall penetration permits, and hot work permits. Field work may not commence until these plans have been approved as detailed below. The Project Manager’s contact information is located in section B.10 of this Statement of Work (SOW).

ii. The contractor shall provide a new 125kW, 208V/3Ph diesel powered stand by rated generator. The generator shall be Caterpillar model D125GC or equivalent and rated for outdoor use. The generator shall contain all necessary controls, auxiliary functions, and equipment for stand-alone operation, including an integral day tank, and comply with all code requirements for optional stand by rated generators. The contractor is responsible for accepting shipment of the generator and any required storage and transportation.

iii. The contractor shall perform all work required to prepare the site for installation of the new generator. The site location will be near the southeast corner of the main building. Refer to the construction drawing set for details. Exact location to be determined with the COR. Site preparation shall include but not be limited to all work required to install a concrete equipment pad, bollards, and underground conduits. Properly dispose of all waste materials including soil, asphalt, and concrete. Upon completion of work, restore the site to original conditions or better.

iv. Install the new generator on the equipment pad. Make all necessary connections to the generator and auxiliary equipment for a completely operational system.

v. Install a 400A 3Ph underground feeder from the new generator to the southeast wall of the building. The conduit shall turn up at the outside wall and intercept the existing feeder for the Trystar docking station. The exact route shall be determined in the field. GPR will be required to confirm location of existing underground utilities.

vi. Remove the existing 400A Trystar docking station and turn equipment over to the VA. Remove existing cable and conduit to a pre-determined point where the existing docking station feeder will be intercepted by the new generator feeder. Install and supply a junction box at this point and permanently splice the existing and new feeders. The contractor assumes responsibility for proper installation and sizing of cable and conduit for the resultant complete generator feeder, inclusive from the generator to the existing MTS inside the building electric room.

vii. The contractor is responsible for proper start up and testing of the generator. Start-up must be performed by a factory authorized representative. Fuel needed for testing is the contractor’s responsibility. The day tank shall be filled prior to putting the generator in service. Provide any on-site support required for the start-up and testing.

viii. Provide training as recommended by the manufacturer. At a minimum, furnish the services of a competent and factory-trained technician for one 4-hour period for instruction to VA personnel in operation and maintenance of the equipment, on the date requested by the COR.

b) SUBMITTALS

i. The Contractor shall submit to the VAMC Providence, RI the following:

1. Certification from the Contractor/Installer that the system specified meets all identified code and insurance requirements as required by the Government.

2. Material Safety Data Sheets (MSDS)

3. Cut sheets for the new generator for approval prior to purchase.

4. Shop drawings for approval as requested by the COR.

5. Operation and Maintenance Manuals for new equipment

6. As-built drawings

7. Release of claims at completion of project.

c) WARRANTIES

i. All work and equipment supplied shall be warranted for a minimum period of one year from VA acceptance, or the manufacturer’s standard term, whichever is greater.

d) STORAGE OF EQUIPMENT & MATERIALS

i. The contractor shall arrange with the Project Manager for allocation of required workspace and for the storage of equipment and material to be used for this project. Storage space is very limited. Additionally, no space will be made available for the placement of a contractor trailer for this project. The Contractor should schedule delivery of materials to limit the amount of storage space and time.

e) DEBRIS REMOVAL

i. The Contractor may be required to remove waste materials and debris daily from the campus, dependent upon amount and location of debris. All waste material and debris shall be removed off the site by the contractor and shall be disposed of in accordance with applicable State and Federal regulations.

f) SITE UTILITIES:

i. The Contractor/Installer should note this scope of work does not detail all existing structures, utilities, or components that may potentially interfere with the contract work required. The contractor shall note any obstruction, utility, or condition that may hinder or interfere with the execution of this contract and the contractor shall make provisions in their contract price to resolve such interferences and other conditions that may hinder the proper completion of the work. All proposed utility relocations, reallocations, and shutdowns shall be approved by the Project Manager prior to commencing such work. The contractor shall verify all existing utility installations and take appropriate action prior to working around any potential utility installation.

ii. In the event a shutdown, restriction, or interruption of any utility services is required, a written request must be submitted (at least 2 weeks in advance) and approved by the VA Project Manager. All utility shutdowns must be reviewed and approved by the VA.

g) PROJECT SAFETY:

i. Contractor shall comply with the Contractor Safety Manual of the Providence VAMC, dated January 2009(Attachment A).

h) INTERIM LIFE SAFETY PROTECTION MEASURES:

i. Contractor shall participate with the VA in the preparation of an interim life safety measures and fire protection Plan (Attachment B) that will be implemented during construction of this project. At a minimum, contractor shall comply with the following requirements of an interim life safety measures and fire protection plan:

1. Ensure exits provide free and unobstructed egress for all building occupants. If required by contractor’s operations, establish and mark alternate means of egress for all building occupants.

2. Contractor shall maintain escape facilities from the work area for construction workers at all times. Means of egress in construction areas will be inspected daily.

3. Ensure free and unobstructed access to all areas of the project site for emergency services and for emergency forces.

4. Ensure that means of egress and existing fire alarm, detection, and suppression systems are not impaired by contractor’s operations.

5. When required, a fire watch shall be by a qualified person provided by the contractor who shall maintain constant observation of the affected area and have no other duties. The person providing the fire watch shall be trained in fire prevention and in the use of fire extinguishers, occupant hose lines, occupant fire protection system, in sounding the building fire alarm and in notifying the local fire department, and in understanding the particular fire safety situation for the project.

6. Provide written procedures and guidelines for construction personnel and post in the immediate areas of construction detailing what to do and who to call in the event of fire or emergency.

7. Maintain the construction area to minimize the potential for fire or safety hazards resulting from storage of construction material, construction waste and debris during construction operations.

8. All temporary construction shall be built of noncombustible/fire retardant materials and shall be smoke tight.

B.6 CONFORMANCE STANDARDS:

a) All design and construction accomplished pursuant to this contract shall comply with the latest editions of established standards. Any exceptions must be approved in writing by the Contracting Officer prior to construction startup.

b) Contractor/vendor shall obtain all data necessary to prepare construction and design documents required. The Contractor shall confirm all existing conditions and field verify any document provided by the VA. The Contractor is wholly responsible for both the accuracy and the level of completeness of the final product. Failure to verify information is not acceptable. Info, such as drawings and other documentation, provided to the contractor shall be used for reference only.

c) Standards can be found at the VA Office of Construction & Facilities Management’s Technical Information Library (TIL) at https://www.cfm.va.gov/til/index.asp. These standards include, but are not limited to:

i. VA Master Construction Specifications

· https://www.cfm.va.gov/til/spec.asp#01

ii. VA Construction Standards

iii. VA Seismic Design Guide, Manual, & Handbook

iv. VA Space Planning Criteria

v. VA CADD Standards

vi. OSHA Regulations

vii. NFPA Regulations

· NFPA 70

· NFPA 70E

· NFPA 110

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

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

x. International Building Code

xi. National Standard Plumbing Code

xii. EIA/TIA Standards

xiii. US National CAD Standard

xiv. VHA Program Guide 18-3

xv. VHA National CAD Standard Application Guide

xvi. IESNA Handbook

d) Where different specifications require different considerations for the same item of work, the more restrictive specification will have precedence and will be followed regardless of the specification publisher.

e) All materials and workmanship shall comply with the codes and standards adopted by the VA. All work shall be done in a first-class manner according to the best trade practices and to the satisfaction of the COR and CO.

B.7 HOURS OF OPERATION:

a) Normal hours of operation are Monday through Friday from 7:00 AM to 4:30 PM EST. All work is expected to be performed generally during normal hours of coverage unless approved by the COR or his/her designee.

b) Work that disrupts hospital operations shall be coordinated and performed off hours. This includes utility shut down, work with excessive noise/vibrations, odors, dust, etc. Coordinate with the COR for approval. Off-hours work will be at no additional costs to the Government.

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

d) Work performed outside the normal hours of coverage must be approved by the COR or his/her designee.

e) Observed Federal Holidays can be found here: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2023.

B.8 SECURITY, IDENTIFICATION, PARKING & VA REGULATIONS:

a) It is the responsibility of the Contractor to park in the appropriate designated parking areas. Parking of privately-owned vehicles by contractor personnel is prohibited on the hospital campus and is only allowed at the Davis Park location off Chalkstone Avenue. Parking in designated patient parking areas is strictly prohibited. Parking on grass is also prohibited. Parking for equipment necessary to perform the work will be authorized in advance of starting the project. Parking passes will be issued by the VA Police. Parking by contractors will be regulated in accordance with Providence VA Medical Center Policy Memorandum 07B-3 entitled Registration of Privately Owned Vehicles. The VA will not invalidate, or make reimbursement, for parking violations of the Contractor under any conditions.

i. Additional parking may be available at the Harwood site. Parking needs should be coordinated with the project COR.

ii. Parking for equipment necessary to perform the work will be authorized in advance of starting the project.

b) All contractor personnel shall obtain a short-term identification badge issued by the Project Manager. Such badge shall be worn by the individual and prominently displayed at all times while on VA property. No employee of the contractor shall enter the project site without a valid identification badge issued by the VA. In order to obtain a short-term identification badge, contractor personnel shall present to the Project Manager a valid (non-expired) photo identification issued by a US federal, state, or local government agency. All contractor personnel are subject to inspection of personal effects when entering or leaving the project site.

c) Smoking is strictly prohibited anywhere on the VAHC facilities. To include the main facility and any other buildings within the premises.

d) Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to searches in accordance with the law. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

B.9 INFORMATION SECURITY:

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

B.10 POINT OF CONTACT AND PHYSICAL LOCATION:

a) The work site location is at the Providence VA Medical Center:

Harwood Center 385 Niagra St.

Providence, RI 02908.

b) Points of Contact for this project are:

Mark Perino, Project Manager (PM)

(401) 640-4092 Mark.Perino@va.gov

Jonathan Van Vliet, Contracting Officer Representative (COR)

(401) 273-7100 x15979 Jonathan.VanVliet@va.gov

B.11 PERIOD OF PERFORMANCE:

a) Commencement of work shall begin within 10 calendar days after receipt of a written Notice to Proceed (NTP) and should last no longer than a duration of 365 calendar days after the NTP is issued.

B.12 SUBMITTALS:

a) Contractor shall submit all required product samples, manufacturer’s literature, data, and material/shop-drawing submittals to the Contracting Officer within 10 calendar days of the Notice to Proceed (NTP) being issued, or as agreed to by the Contracting Officer for approval. No materials shall be ordered or installed prior to approval.

b) Contractors will utilize the ‘Material Approval Submittal’ form for use as a cover sheet when submitting to Government for approval. Forms will be provided to contractor at the post-award, pre-construction conference.

c) Contractor shall pay specific attention to ensure timely submission of all submittals covering the materials listed here that will be installed in this project:

i. Project Schedule

ii. Construction Materials

iii. Electrical Construction Materials

iv. Telephone & Data Materials

v. Paint

vi. Control Booth Partition

vii. Infection Control Plan (including dust/infection control barrier drawings)

viii. Safety and Interim Life Safety Plan

ix. Waste Management Plan

d) All material submittals and shop drawings shall contain, and have the Project Title, Project Number, and Contract number clearly indicated on them.

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

f) Submittals shall be legible and shall include all technical data needed to verify that the item meets requirements of listed specifications, and applicable codes. The submittals will come with certification from the contractor/installer that the system specified meets all identified code and insurance requirements as required by the Government. Submittals will also come with all Material Safety Data Sheets (MSDS) for all materials to be used in the construction portion of this project.

g) Upon completion of construction work, and before submitting invoice for final payment, contractor will provide the COR with the following as applicable:

i. Operation and Maintenance Manuals for new equipment

ii. As-built drawings

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

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

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

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

d) The contractor shall attend no less than monthly progress meetings with the COR and/or Contracting Officer to discuss at a minimum; progression of work, projected progress versus actual progress, action items due from the contractor, action items due from the government, and any other significant issues that require attention. The contractor also shall document the meeting minutes and forward a signed copy to the COR for concurrence of the documentation. Copies of all minutes will be forwarded to the Contracting Officer. In the event of any discrepancies the Contracting Officer will be notified immediately for clarification. Contractor will use the Meeting Minutes form provided for use at the post-award, pre-construction conference.

B.14 MODIFICATIONS:

a) Modifications for this project must be submitted to the assigned COR who will then submit a formal request to the Contracting Officer (CO) or acting Contract Specialist (CS). New work is not allowed to commence prior to Contracting Officer’s signed and written approval via a fully executed Standard Form (SF) 30 modification.

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 after receipt of the Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

C.2 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

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

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

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

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

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

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

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

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

Cost of components means—

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

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

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both—

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

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

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of ‘‘cost of components’’.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

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

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

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

NO EXCEPTIONS.

[Contracting Officer to list applicable excepted materials or indicate ‘‘none’’]

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

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

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

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

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

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Item 1:

Foreign Construction Material.

Domestic Construction Material.

Item 2:

Foreign Construction Material.

Domestic Construction Material.

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

C.3 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: *Refer to the Statement of Work (SOW) and Attachments* as to .

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: *Refer to the Statement of Work (SOW) and Attachments*

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the…