36C24219B0015-0002001.pdf

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 11:00AM ET

(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.

36C24219B0015

X

03-28-2019

526-19-1-5019-0007

526-18-134

36C242

US Department of Veterans Affairs

Network Contracting Office 2

130 West Kingsbridge Rd., 9th Floor

Bronx NY 10468

Joseph Ercole, Contracting Officer

VA Medical Center Bronx NY

James J. Peters Medical Center

130 West Kingsbridge Rd., 9B-67

Joseph Ercole

631-261-4400x5207

This project is for Animal Trailers disposal and site restoration at the James J. Peters VA Medical Center, 130 West Kingsbridge Road, Bronx, NY 10468

The Contractor is responsible to provide all labor, materials, tools, equipment, supplies and supervision for

Animal Trailers disposal and Site Restoration, approximately 12,000 sf at VA Bronx in accordance with statement of work.

Contractor shall coordinate and schedule work with COR/VA Engineering and is expected to work during regular normal working hours (8:00 AM to 4:30 PM ET) except as noted in the general conditions and as approved by VA CO with VA COR.

The new work will comprise of general carpentry, modifications of the electrical, plumbing, fire protection, HVAC, telecommunication, and security systems, installation of millwork and/or casework, and interior finish work.

This is a Total Service Disabled Veteran Owned Small Business (SDVOSB) set aside procurement and will be conducted in accordance with Public Law 109-461. All prospective bidders must be registered in SAM (www.sam.gov) under NAICS code

236220 and verified/visible/certified in VIP VetBiz (www.vetbiz.gov) at the time of offer submission and before award of this procurement. Offerors must submit their annual Vets-4212 Report.

Magnitude of Construction: Between $250,000.00 to $500,000.00.

The North American Industry Classification System Code is 236220- Business size is $36.5 Million.

Completion Time: 90 calendar days from the notice-to-proceed date.

A prebid site visit is scheduled for Wednesday, April 3, 2019 at 12:00 PM ET. Prospective bidders shall meet at

VA Engineering Office GC100, James J. Peters VAMC, 130 West Kingsbridge Road, Bronx, NY 10468 (basement).

NOTE: NO OTHER SITE VISITS WILL BE CONDUCTED.ATTENDANCE IS NOT MANDATORY BUT INTERESTED BIDDERS ARE ENCOURAGED TO ATTEND

To preserve the integrity of the procurement process, all questions and requests for information must be submitted in writing to Joseph Ercole, Contracting Officer via email at joseph.ercole@va.gov.

Questions must be received by Wednesday, April 10, 2019 11:59PM ET.

The bid opening will be held at VA Bronx, James J. Peters VAMC, 130 West Kingsbridge Road, Bronx, NY 10468 4/26/19 11AM

If mailing bid, please address to Joseph Ercole,BID: 36C24219B0015, Network Contracting Office 2, 130 West Kingsbridge

Rd., 9B-67, Bronx, NY 10468 (same as in Box 8 above) or hand deliver to Joseph Ercole, at this same VA Bronx address as mailing (as in Box 8 above). All envelopes must be closed sealed and must be received by April 26, 2019 11:00 AM ET.

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICITATION AMENDMENTS.

52.211-10

04-26-2019

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) ( ) X 38 U.S.C 8127 & 8128

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 $_________________________________________________

Amount Spelled:

36C243

Department of Veterans Affairs

Network Contracting Office 2 (10N2NCO)

VAMC Bronx, James J. Peters Medical Ctr.

130 West Kingsbridge Road

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

/veterans-affairs

Contracting Officer

Table of Contents

SOLICITATION/CONTRACT FORM

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) 45

STATEMENT OF BID

STATEMENT OF WORK (SOW)

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF

THE WORK (MAY 2014)

2.3 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—

CERTIFICATION (JUN 2018)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.6 52.236-27 – SITE VISIT (CONSTRUCTION) ALTERNATE I (FEB 1995)

2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(SEP 2018)

2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

2.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 16

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

GENERAL CONDITIONS

4.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL

2013)

4.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

4.5 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

4.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.7 52.244-2 SUBCONTRACTS (OCT 2010)

4.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

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4.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

4.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.14 VAAR 852.232-70 PAYMENTS UNDER FIXED PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS-CPM) (NOV 2018)

4.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.16 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL

2002)

4.17 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)

4.18 VAAR 852.236-76 CORRESPONDENCE (APR 1984)

4.19 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)

4.20 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984)

4.21 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)

4.22 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984)

4.23 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)

4.24 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR

1984)

4.25 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)

4.26 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)

4.27 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)

4.28 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)

4.29 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)

4.30 WAGE DETERMINATION

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STATEMENT OF BID

Project No. 526-18-134 Animal Trailer Disposal and Site Restoration (Main Campus

Grounds, VA Bronx)

James J. Peters VAMC, Bronx, NY

Project: Animal Trailer Disposal and Site Restoration

Project #: 526-18-134

Bids providing less than 120 Calendar Days for Government Acceptance after the date offers are due will not be considered and will be rejected.

The bidder 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

120 calendar days after the date offers are due.

Base Bid: ITEM I, GENERAL CONSTRUCTION: Contractor shall supply all labor, tools, material, equipment, supplies and supervision to perform all work to dispose of animal trailers and site restoration of the surrounding area. The site is approximately 12,000 S.F. in front of

Building 105 at the James J. Peters VA Medical Center. The work includes but is not limited to the excavation and demolition of the utilities (plumbing, electrical, fire alarm, security), the demolition of wooden walkway, the coordination of the removal of the trailers, the excavation and demolition of the concrete footings, the demolition of the security fencing around the perimeter, the demolition of the sidewalks inside the perimeter of the security fencing, the casting of new concrete sidewalks, and the grading and reseeding of the site. All work to be performed at the James J. Peters Veterans Affairs Medical Center, Bronx, New York 10468.

Total Base Bid Amount $

STATEMENT OF WORK (SOW)

Project #: 526-18-134

The Contractor must furnish all labor, materials, tools and supervision to complete the following:

Animal Trailers Disposal and Site Restoration (Main Campus Grounds):

The coordination of the disposal of the animal trailers and site restoration of the surrounding area. The site is approximately 12,000 S.F. in front of Building 105 at the James J. Peters VA

Medical Center. The work includes but is not limited to the excavation and demolition of the utilities (plumbing, electrical, fire alarm, security), the demolition of wooden walkway, the coordination of the removal of the trailers, the excavation and demolition of the concrete footings, the demolition of the security fencing around the perimeter, the demolition of the sidewalks inside the perimeter of the security fencing, the casting of new concrete sidewalks, and the grading and reseeding of the site.

The work will comprise of:

• The excavation and removal of the 1-1/2” water line feeding the trailers. Contractor is expected to disconnect the water line from the hose bib at the exterior of the research building and at the tie-in point to the trailers, cap at the trailers’ tie-in point, excavate until the water line is exposed, remove the water line and heat tracing wires, and backfill.

• The excavation and removal of the 4” sanitary line serving the trailers. The contractor is expected to disconnect the sanitary line from the trailer tie-in and cap, excavate until sanitary line is exposed, disconnect sanitary line from manhole tie-in, demolish the sanitary line, seal manhole penetration with similar material, and backfill.

• The excavation and removal of the electrical and data/phone lines from the trailers to the entrance of Building 105, along with the electrical panels with disconnect switch, transformer, and concrete pad. The contractor is expected to:

o Safely lock and tag out the electrical lines going to the trailers.

o Excavate on the side of the main entrance of Building 100 to find the rigid metal conduits that stub out from the building and transition to PVC. Reseal around the penetrations on the side of the building to stop water infiltration.

o Disconnect the transformer, disconnect switch and electrical panels that are on the concrete pad from all wiring and conduit, remove them from the pad, and turn them in to the VA.

o Demolish the concrete pad.

o Install a weatherproof underground electrical pull box in the location of the demolished concrete pad, connect to the service side conduits, pull wires that were feeding the demolished equipment into the pull box, and seal it.

o In a location close to the electrical pull box, locate the low voltage data conduit and carefully cut it to allow for any data cables present (if any) to be pulled back to break point without being damaged. Install a new weatherproof underground data pull box at the break point on the service side conduit, pull the data cables going to the trailers back into the pull box and seal it.

o Excavate and demolish the rest of the electrical/ data conduit and wires from the concrete pad location to the Trailers.

o Backfill all locations.

• Demolish the fire alarm system and security system. The contractor is expected to recover all fire alarm devices and security cameras, demolish all wiring and conduit, hire

Simplex to remove the fire alarm devices from the main fire alarm software, and hire

Vantage Security to reconfigure security system.

• Demolish the wooden support walkway and accessories. The contractor is expected to demolish the approximately 1,700 SF wooden walkway connecting Building 105’s main entrance canopy to the trailers, remove all light fixtures (about 9), light sensors, receptacles and electrical conduit back to the electrical panels in the Trailers.

• Keep the area surrounding the trailers clear and coordinate with purchaser of the Trailers to allow purchaser to pick them up.

• Excavate approximately 4 feet or more down around each 36” diameter concrete footing and demolish footing. Backfill afterwards.

• Demolish the security fencing in the surrounding area. Excavate as necessary to remove the fence posts and any footing that might be present. Backfill afterwards.

• Demolish the approximately 2,500 SF of sidewalk within the perimeter of the security fencing and pour a new concrete sidewalk. The new sidewalk must be constructed according to the details on the drawings.

• Grade the area in accordance to surrounding area. Reseed dirt areas.

All proper infection control and life safety measure will be provided and coordinated with

Infection Control and Safety Officer.

Period of Performance is 90 calendar days from Notice To Proceed (NTP).

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

(a) Bidding materials consisting of Invitation for Bids, statement of work and contract forms will be available on http://www.fedbizopps.gov in electronic format only by searching for solicitation number

36C24219B0015. All interested parties (subs & primes) should register at http://www.fedbizopps.gov as an “Interested Vendor” so that others will know of our interest in participating in this procurement. A

Bidder’s mailing list WILL NOT BE prepared by the Contracting Officer. 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: Refer to the scope of work.

Contractor will be responsible to coordinate and schedule work to minimize to short duration and shall be expected to plan work typically during duty hours of 8 AM to 4:30 PM eastern time except as noted in the general conditions and as approved by the Contracting Officer. Maintain all access to and egress from the buildings at all times for facility’s fire protection requirements and to meet the requirements of regulatory codes, laws, etc.

Cost Range: $250,000 to $500,000.00.

http://www.fedbizopps.gov/

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS

BID SUBMISSION INSTRUCTIONS:

This is a Service Disabled Veteran Owned Small Business Set-aside. To assure acceptability of submitted bids associated with this solicitation, bidders shall follow the instructions contained herein. These instructions prescribe the bid format of this Invitation for Bids (IFB) and the approach for development and presentation of your bid submission. These instructions are designed to ensure the submission of necessary information. Bidders are required to meet all solicitation requirements, including terms and conditions, representations and certifications. The

Contracting Officer has determined there is a high probability of adequate competition in this acquisition. Interested bidders shall be solely responsible for all costs associated with this solicitation including but not limited to the preparation of proposals.

The Government plans to make an award without discussions. Therefore, each offer shall contain the bidder’s best terms from a price and technical standpoint. The Government reserves the right to verify bids.

Bid shall be (1) submitted on the forms furnished by the solicitation or on copies of those forms;

and (2) manually signed. The person signing the bid shall initial each erasure or change appearing on any proposal form.

Bidders shall submit one (1) proposed price for ALL work listed. Failure to submit proposed price for ALL work as one (1) price will result in the offer being rejected as non-responsive without further consideration.

There are no Alternates, Alternate bids will NOT be considered. The following documents shall be submitted to the Contracting Officer listed on the due date and time listed. Offer by U.S. Mail, Delivery Service, or Personal Delivery is only authorized under this solicitation. The bidder shall submit one (1) original and one copy of their bid documents.

The original hard document of the bid shall be arranged in the following order:

1. SF1442, with 2nd page of SF1442 completed and signed by the signatory authority. All blocks on page 2 of SF1442 (Item 14 thru 20C) shall be completed. Bidders shall be solely responsible for monitoring Government’s website www.fbo.gov for amendments to this solicitation if any and acknowledge them in accordance with the requirements stipulated in this solicitation and amendments. Next, if there are any Amendments to this Solicitation, then provide the

Amendment(s) signed.

2. Duly executed Bid Bond/Guarantee: Offerors shall use form SF24 Bid Bond. Bid bonds that are found noncompliant with bid guarantee requirements may result in the rejection of the bid.

See clause 52.228-1 Bid Guarantee for additional information on the compliance with bid guarantee requirements.

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 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR

AGREEMENTS—CERTIFICATION (JUN 2018)

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

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the

United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and

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

(2) The Offeror is providing separate information with its offer in accordance with paragraph

(d)(2) of this provision.

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

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the

Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the

United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

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

(4) The Offeror may submit any questions with regard to this report by email to

NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

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

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

(i) Waived application under U.S.C. 2593e(d) or (e); or https://www.state.gov/t/avc/rls/rpt/

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

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

(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 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) 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:

Contracting Officer

Hand-Carried Address:

U.S. Department of Veterans Affairs

VA Medical Center

79 Middleville Rd., Section 138, Bldg. 10, Room 216

Northport NY 11768

Mailing Address:

U.S. Department of Veterans Affairs

VA Medical Center

79 Middleville Rd., Section 138, Bldg. 10, Room 216

Northport NY 11768

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

(End of Provision)

2.6 52.236-27 – SITE VISIT (CONSTRUCTION) 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: Wednesday April 3, 2019 12:00 PM ET

(c) Participants will meet at: VA Engineering Office GC100, James J. Peters VAMC, 130 West

Kingsbridge Road, Bronx, NY 10468 (meeting office is in basement of main hospital building).

(End of Provision)

2.7 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)

2.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (SEP 2018)

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

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.209-10

52.214-3

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORP.

AMENDMENTS TO INVITATIONS FOR BIDS

NOV 2015

DEC 2016

52.214-4 FALSE STATEMENTS IN BIDS APR 1984

52.214-5 SUBMISSION OF BIDS DEC 2016

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS APR 1984

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS

NOV 1999

52.214-18 PREPARATION OF BIDS—CONSTRUCTION APR 1984

52.214-19

52.214-34

52.228-1

52.236-27

52.222-23

52.223-4

CONTRACT AWARD—SEALED BIDDING—

CONSTRUCTION

SUBMISSION OF OFFERS IN THE ENGLISH

LANGUAGE

BID GUARANTEE

SITE VISIT (CONSTRUCTION) ALTERNATE I

NOTICE OF REQUIREMENT FOR AFFIRMATIVE

ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY

CONSTRUCTION RECOVERED MATERIAL

CERTIFICATION

AUG 1996

APR 1991

SEP 1996

FEB 1995

FEB 1999

MAY 2008

(1) Include the name, address, fax number, email 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)

2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs

810 Vermont Avenue, N.W.

Washington, DC 20420

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

Director, Office of Construction and Facilities Management

811 Vermont Avenue, N.W.

Washington, DC 20420

2.10 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.

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT

2018)

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

(2) The small business size standard is $36.5 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements—Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

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

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

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

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

Coast Guard.

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

Guard.

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

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

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

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

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

Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--

Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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