36C24218B0201-001.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.

36C24218B0201 X 02-05-2018 528-18-1-6192-0019 528A6-18-614 00242 Network Contracting Office 2 Bath VA Medical Center 76 Veterans Avenue Bath

NY

14810 Same as Block 7

SIMONSON, MARK

607 664-4755

ALL WORK SHALL BE PERFORMED AT THE BATH VA MEDICAL CENTER, 76 VETERANS AVENUE, BATH NY 14810.

FOR A PROJECT TO INSTALL WATER SAFETY REQUIREMENTS AT THE BATH VA.

This is a Total Service Disabled Veteran Owned Small Business (SDVOSB) set aside procurement to be conducted in accordance with Public Law 109-461. Offerors must be verified in www.vetbiz.gov at time of offer and time of award. Registration in www.sam.gov, under the NAICScode 238220, is required for consideration of award.

Offerors must submit their annual Vets-100 Report. A Supplier Qualifier Report should be available for potential awardees through Experian. Additional financial records maybe requested. Offerors must submit Experience Modification Rate with bid.

The North American Industry Classification System Code (NAICS) is 238220 - Business Size is $15M.

A prebid meeting is scheduled for February 16 , 2018 at 10:00AM. Participants will meet in 29A 2nd Floor conference room. Submit all questions and request for information via e-mail to the Contracting Officer at Mark.simonson@va.gov. RFI's must be submitted by 4:00 PMon February 27, 2018.

The bid opening will be held at the Bath VAMC, Bath, NY. Bid opening is scheduled for 2:30 PM, March 7 2018 Building 29a, 2nd floor conference room. If mailing bid, please address to: MARK SIMONSON, Bids will not be accepted electronically.

See description of work and specification section 01 00 00 for a completed description of work.

Award will be made to the responsive, responsible bidder submitting the lowest price in response to the solicitation requirements.

the Architect Engineer that designed this project cannot be awarded the construction contract.

X X 52.211-10 X

2:30 PM

03-07-2018 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

Bid Item #1_________________________________________________ Bid Item #2_________________________________________________ 00242 Network Contracting Office 2 Mark D. Simonson, Contracting Officer Bath VA Medical Center 76 Veterans Avenue Bath

NY

14810 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

MARK D. SIMONSON

Contracting Officer

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on http://www.fedbizopps.gov in electronic format only. All interested parties (subs & primes) should register at http://www.fedbizopps.gov as an “Interested Vendor” so that others will know of your interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at http://www.fedbizopps.gov. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Offerors are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of offers.

(b) If bid exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) If the bid/offer is between $30,000 - $150,000 The bidder/offeror to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

DESCRIPTION OF WORK:

A. ITEM I, Install Water Safety Requirements: Work includes general construction, asbestos abatement, alterations, mechanical and electrical work, utility systems, plumbing, necessary removal of existing structures and construction and certain other items.

B. ITEM II, WATER FLOW METERING-Install a water flow meter that can generate a 4-20ma signal to communicate to the Trane control system to monitor and trend the total water flow for buildings 104, 78, 76, 34 and 31 and then create an output displaying the results for total water flow for each building on the dashboard of the graphics.

Cost Range: $250,000.00 to $500,000.00.

Safety or Environmental Violations and Experience Modification Rate All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information will be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead shall obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR will obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

A Determination of Responsibility shall be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information shall result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility shall make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

Page 1 of

SYSTEM REQUIREMENTS FOR CONTINUOUSLY MONITORING WATER QUALITY

LINE ITEM #1

BASIS OF DESIGN

1. The facility utilizes Trane’s Building Automation System (BAS). This project will utilize that backbone. All installed devises must be fully compatible with it and the BAC-net system used must be BAC-net certified.

SYSTEM DESIGN

1. The purpose of the Electronic Monitoring System (EMS) is to continuously monitor, record, and alarm water safety critical controls points via electronic means. The EMS shall not provide control of any equipment nor shall it interfere with control of equipment.

2. The existing facility wide EMS shall be designed and specified in such a way that the Legionella Coordinator for the VISN, and each VA facility’s Water Safety Team can plan, manage and view the compliance of the facility with the best practices for control of the risks associated with Legionella in water systems.

3. The existing facility wide EMS shall fall under one of the two network configuration categories below (see attached “EMS Network Diagrams by Category” for reference):

a. Category I

i. Field-mounted instruments transmit their 4-20mAdc current signals to local BAS controllers over copper conductors.

ii. The local BACnet/IP BAS controller receives these signals and converts them to digital data, scaled in Engineering Units.

iii. All digital data from all local BACnet/IP BAS controllers are transmitted to a BAS Web server over the BAS network.

iv. The BAS Web server performs all EMS functions specified herein.

b. Category II

i. Field-mounted instruments transmit their 4-20mAdc current signals to local BAS controllers over copper conductors.

ii. The local BACnet/IP BAS controller receives these signals and converts them to digital data, scaled in Engineering Units.

iii. A separate EMS Workstation/Web server is installed and interfaces with the BAS via a BACnet/IP (or equivalent) port.

iv. The separate EMS Workstation/Web server retrieves all EMS related digital data from field instruments, only using the BAS network as a signal/data transport mechanism (backbone). The existing Ensemble fiber optic network shall be modified.

v. The separate EMS Workstation/Web server performs all EMS functions specified herein.

4. Databases shall reside at a data center within the VA firewall or at one that maintains, as a minimum, SSAE No. 16.

5. EMS server shall be installed inside of the VA firewall, with no requirements or dependencies on connections to networks outside of the VA network.

6. All logic and station files shall remain “open” to become the property of the VA.

7. The EMS shall include a management interface that allows the VISN 2 Legionella Coordinator to define minimum and maximum acceptable levels for all monitored points.

8. Risk and priority ratings shall also be assignable to allow the VA to manage and prioritize its resources. Parameter levels to be settable for each monitored parameter:

a. RED (Alarm),– when the value is equal to or greater than this value as shown in the table below, the system shall alarm and the value shall be displayed as “In Alarm” and shall be indicated with the color red in any live displays.

b. Yellow (Warn),– when the value is greater than the green value in the table below but less than the Red High Value, the parameter shall be logged as being at a warning level and shall be displayed with the color yellow in any live displays.

c. Green (OK)– when the value is anywhere in the green range indicated in the chart below, it is considered to be in the normal, or “OK” range. The value shall be displayed using the color green in any live displays.

9. The management interface shall allow the data collection interval to be set for all monitored Parameters.

a. All data points are to be recorded at 30 minute intervals and must be plotted on a graph with time plotted on the x-axis and the measured parameter on the y-axis. In the event of an alarm condition, data is to be continually plotted until it returns to normal (green) condition.

b. The interface shall allow users with appropriate access to modify the data collection interval and shall log this change to the audit log.

10. The EMS shall provide the ability to record notes that are date/time stamped and user ID stamped at the alarm summary page.

DATA SECURITY

1. The EMS shall have the ability to be backed up to a remote host or data storage device.

2. The EMS shall include the use of mirrored drives to maintain data integrity.

3. The EMS shall include an Uninterrupted Power Supply

DATA TO MONITOR

1. The EMS shall continuously monitor the following water parameters:

a. Water pressure

b. Oxidant residual-Each building will monitor oxidant residual at two points. The first is where the water first enters the building and the second is at the most distal point in the buildings water distribution system.

c. Water temperature (to include all water supply, storage tanks, hot water tanks and water return circulation loops)

d. pH

e. Dissolved solids

f. Water flow

g. Reservoir Level

h. Chlorine residual at reservoir discharge

Note: At B76, the meter at the distal point must measure total chlorine as B76 has a Monochloramine disinfectant system.

2. The EMS shall continuously monitor the water parameters listed above in the following buildings:

a. Building 104

b. Building 76

c. Building 78

d. Building 34

e. Building 31 (boiler plant)

f. Reservoir (See Appendix A for exact locations and quantities)

NAVIGATION HEIRARCHY

1. Top Level

monitored. At minimum, the view shall show:

i. Green light status if all monitored parameters are within the OK/green range

ii. Yellow light status if ANY monitored parameter is within the Warn/Yellow range

iii. Red light status if ANY monitored parameter is within the Alarm/Red range

c. Each water system shall be clickable, providing navigation to select the water system and view details

d. There shall be a button or link to go directly to the reports section.

2. Water System Level

a. This navigation level shall provide the current status (Green/Yellow/Red) for each monitored parameter for the water system as a whole.

b. There shall be clickable links or buttons to allow drill-down to view each parameter in detail.

c. There shall also be a multi-parameter link allowing navigation to a view showing related instances (example: room, floor, subsystem, etc.) of all parameters in a single view.

3. Parameter Level

a. When a parameter is clicked at the previous navigation level, this detailed view of the specific parameter shall be shown.

b. The current value, color coded status, along with the previous 7-day trend shall be shown for each instance of the parameter. The trend length shall be settable on this screen.

c. Multi-parameter view – shall show related instances (example: room, floor, subsystem, etc.) of all parameters in a single view. The current value, color coded status and trend shall be shown for each.

DATA DISPLAY

1. The main interface of the system shall provide a dashboard. This dashboard shall display: a summary of current alerts of out of range values, at-a-glance overview of the water systems, and a clear navigation system to allow the user to view additional specific details for each data type and/or device type.

2. All screens shall be configured so they are available to the end user via a standard compliant web browser. No additional software requirements for end users are permitted.

3. Each monitored parameter shall be displayed in a “live” view, where the most recent value is displayed, along with the date and time stamp of that most recent value.

a. These live views shall be organized in according to equipment or location, in a logical hierarchy.

b. Certain parameters may appear in more than one live view screen.

c. All live view screens shall provide quick navigation to view a trend of each parameter shown.

4. All monitored parameters shall be available in report view (tables) and graphical view (trend graph, charts, and dashboard).

5. The system shall be configurable to identify the Water Safety Program Team members and contact information for each facility.

a. The contact information (name, phone number, location) shall be made available through a page or screen accessible through the navigation hierarchy of the system.

b. Modification of these contacts shall be recorded in the audit log and only the Admin user will be able to perform this action.

6. A clear visual warning of out of specification test results, with the inclusion of any missed tests shall be made in real time by the software.

a. If the system is unable to read an automatic data point, or if the data point becomes “stale”, the system shall provide a visual warning that the data for that period is incomplete.

b. If a monitored data point(s) shall be unreadable or unreliable for more than 2 internal mail server polling cycles, the system shall raise an alert.

7. Using information provided by the VA, where practicable, recommendations as to what corrective actions need to be taken when data shows parameters are in the unsafe range shall be made available in the software.

8. Individual users shall have their own unique accounts for accessing the system from any computer inside the VA network.

a. Varying levels of access based on user ID or user role shall be definable.

9. Data shall be displayed continuously on a 40” monitor mounted to a wall within the boiler plant control room.

REPORTING

1. The EMS shall provide exception, non-compliance and incident reporting

2. Parameters that are out of specification shall generate a non-conformity report that shall be immediately available to a member of Bath’s Water Safety Team.

3. All non-conformities raised shall be clearly identified as a visual warning on the date of the fault and be summarized in visual alert facility and report. A screen shall be provided to show all current non-conformities in an “at-a-glance” view.

4. All reports, trend logs and graphs shall provide a simple means to select a date range for the data being viewed, and shall clearly identify the period being viewed.

5. All Trend logs are saved to a SQL database on the EMS Server. The database is not editable through the BAS Operator Interface. Vendor shall supply a CPU that, at a minimum, can store at least 2 years of data.

CALIBRATION

1. Calibration of Water Monitoring Stations

a. Vendor shall provide whatever equipment that is necessary to test and calibrate each device on a periodic basis.

MISCELLANOUS

1. There was a project to install back flow preventers on in coming water supplies to all buildings on campus. As a part of that project, an additional tee was installed and plugged off to allow for the installation of sensors to permit water quality monitoring.

2. The system shall have the ability to be backed up to a remote host or data storage device.

3. The system shall include the use of mirrored drives to maintain data integrity.

4. The system shall include an uninterrupted power supply for the CPU monitoring the system.

5. The PDF drawings attached shows the facilities fiber backbone for its BAS and the approximately location of the Trane BAS controllers in each of the subject buildings. These documents, along with the specifications, will form the complete bid package for this project.

LINE ITEM #2

WATER FLOW METERING

Install a water flow meter that can generate a 4-20ma signal to communicate to the Trane control system to monitor and trend the total water flow for buildings 104, 78, 76, 34 and 31 and then create an output displaying the results for total water flow for each building on the dashboard of the graphics.

Page 1 of Page 1 of Local BACnet/IP BAS controller Local BACnet/IP BAS controller Local BACnet/IP BAS controller Building 75 existing Facility W ide Ensemble EMS Computer with Web browser (viewing EMS dashboard) BAS network backbone Performing EMS function) 4-20mAdc Field instruments 4-20mAdc Field instruments 4-20mAdc Field instruments VISN 02 Water Safety Management Program Electronic Monitoring System (EMS) For Water Safety Control Points EMS Network Diagram for Category I (all BAS)

EMS Workstation/Web server (performing EMS function) Computer with Web browser (viewing EMS dashboard)

Page 1 of BACnet/IP (or equivalent) BAS network backbone

Page 1 of Page 1 of Page 1 of 02 Water Safety Management Program Electronic Monitoring System (EMS) For Water Safety Control Points EMS Network Diagram for Category II (BAS hybrid)

Local BAS controller 4-20mAdc Field instruments Local BAS controller 4-20mAdc Field instruments Local BAS controller 4-20mAdc Field instruments Page 1 of

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Steuben County, Bath New York

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Mark D. Simonson Contracting Officer Hand-Carried Address:

VA Medical Center Building 29A, Room 217 76 Veterans Avenue Bath NY 14810 Mailing Address:

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— February 16, 2018 at 10:00 AM

(c) Participants will meet at— Bath VAMC, Bldg. 29A, 2nd floor conference room (End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.9 VAAR 852.214-70 CAUTION TO BIDDERS--BID ENVELOPES (JAN 2008)

It is the responsibility of each bidder to take all necessary precautions, including the use of proper mailing cover, to insure that the bid price cannot be ascertained by anyone prior to bid opening. If a bid envelope is furnished with this invitation, the bidder is requested to use this envelope in submitting the bid. The bidder may, however, use any suitable envelope, identified by the invitation number and bid opening time and date. If an Optional Form (OF) 17, Sealed Bid Label, is furnished with this invitation in lieu of a bid envelope, the bidder is advised to complete and affix the OF 17 to the lower left corner of the envelope used in submitting the bid.

(End of Provision)

2.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

(a) Any protest filed by an interested party shall:

(1) Include the name, address, fax number, and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester's representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.12 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.13 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $15 Million.

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

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

(2) If the provision at 52.204-7 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,…