36C24221B0050_2.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.

36C24221B0050 X 07-29-2021 528A8-19-802 36C242 Tony Clemente, Contracting Officer Department of Veterans Affairs Network Contracting Office 2 20 Madison Ave Ext Albany

NY

12203 Tony Clemente, Contracting Officer Department of Veterans Affairs Network Contracting Office 2 20 Madison Ave Ext Albany

NY

12203

CLEMENTE, TONY

518-258-5483 General Description: Furnish all labor and materials to Repair Facade Phase 2A Project number: 528A8-19-802

The Contractor shall provide all Management, Supervision, Labor, Materials, Equipment, Tools, and Transportation to execute work for the Repair Facade Phase 2A project located at the Stratton VA Medical Center.

This project is being solicited as a 100% TOTAL SDVOSB SET-ASIDE.

Project Magnitude: Between $1,000,000 and $5,000,000. NAICS code 238140 and small business size standard is $16.5 Mil.

Offeror's must be verified in Vetbiz at the time of bid andcontract award. Failure to be both Verified by CVE and VetBiz prior to contract award will result in offerors proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit documents to obtain CVE verification of their SDVOSB status if they have not already done so.

In accordance with FAR 52.204-7, prospective contractors shall be registered in the SAM database prior to award of a contract.

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.

See full solicitation text for information related to pre-bid site visit, requests for information, bidding materials and public bid opening. See attached specifications and drawings for the required renovations.

A site visit is scheduled for 1:00 pm on Thursday, August 5, 2021. All prospective offerors are to meet in the lobby located at the main building and must be wearing a disposable surgical mask prior to entering as cloth masks are no longer allowed in the building. All offerors will be screened for COVID prior to entering the building.

Tony Clemente is the Contracting Officer and all proposals must be submitted in person to the address specified in P12 - Information regarding bidding material.

X X 52.211-10 X 15 calendar days

2:00 PM

EDT

08-30-2021 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

36C242 Tony Clemente, Contracting Officer Department of Veterans Affairs Network Contracting Activity 20 Madison Ave Ext Albany

NY

12203 Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

Tony Clemente Contracting Officer

Table of Contents

STATEMENT OF WORK

Project No. 528A8-19-802 Stratton VAMC Façade Repairs – Phase 2A March 30, 2021

1. PROJECT DESCRIPTION

The Stratton VA Medical Center (VAMC) located at 113 Holland Avenue, Albany, New York was constructed in the late 1940’s. It is a steel and masonry structure whose exterior facade requires maintenance to repair weather damage that has accumulated over time. The various items requiring attention are generally described below. More detailed information can be found in the accompanying plans and specifications.

Bidders should be aware that a previous contract has been put out for bidding that included repairs to the façade and roofs of parts of the A and B wings of the Medical Center. This scope of work continues the repairs to other areas. The base contract includes the repair to parts of the A wing, some of the D wing and Core area between. The areas included are shown in detail on the accompanying drawings.

In addition, it should be noted that the items listed in the following scope of work do not necessarily need to be performed everywhere in the subject areas. The accompanying plans show where each repair is needed with approximate quantities. It is highly recommended that bidders perform a site visit to confirm what is shown on the drawings.

The Scope of Work includes:

1. Repair/replacement of brick parapets and associated drainage.

2. Selective roof repair that is to be performed in conjunction with the repair/replacement of other items.

3. Remove/reinstall lightning protection cabling.

4. Repair/replace roof equipment and supports.

5. Repointing of brick and stone.

6. Replacement of joint and window sealant.

7. Repair/replacement of stone panels, coping, lintels, etc.

8. Repair spalled and/or cracked concrete.

9. Clean and paint steel elements such as doors, railings, etc.

10. Replace masonry anchors where necessary and remove and seal those that are not.

11. Cleaning of the building face.

12. Other work shown on the contract drawings and/or as noted in the contract specifications.

Background: The Samuel S. Stratton VA Medical Center was constructed in the late 1940’s based upon plans by Green & James, Architects & Engineers, Buffalo, New York and Eggers & Higgins Architects & Engineers, New York, New York dated December 10, 1947. The VAMC’s Main Hospital (Building 1) generally consists of four wings off a central core with a partially exposed basement level, 11 main stories and 3 stories of mechanical penthouse space. Floor designations range from the basement level to levels 1 through 14. The Main Hospital is approximately 417 feet in width (east to west), approximately 183 feet above grade and 484 feet in length (north to south).

The exterior wall system of the original structure generally consists of alternating spans of yellow and red brick veneer and limestone bands, CMU back-up wall and steel and reinforced concrete column and slab frame structure. Soapstone accent panels are present between the windows on the central tower and the end of each wing. Horizontal limestone bands are present between the red and yellow brick areas at the heads and sills of the windows. Low slope roofing consists of EPDM and single-ply membrane, sometimes ballasted or with applied coatings. Limestone coping stones are typically present at all roof areas and in some cases are covered with metal coping. Generally, parapet walls are approximately 2 feet and 4 feet high. Typically, the interior of the parapet walls are covered with mesh-reinforced waterproofing in varying condition.

The brick masonry is in generally good to fair condition with a few areas in poor condition. There are a few isolated areas exhibiting mortar loss, spalled/damaged/cracked/displaced face brick and efflorescence/corrosion/dirt staining.

Trapped moisture has deteriorated the parapet walls. The exterior veneer of several parapet walls has been rebuilt multiple times. These repairs do not appear to have addressed the underlying problems and are in need of replacement.

Unrestricted access to the VAMC and ancillary buildings by patients, visitors and staff must be maintained at all times throughout the project. No VAMC access point will be permitted to be closed off at any time without prior written approval of the project Contracting Officer’s Representative (COR). Roadway closures also will not be permitted at any time or for any reason except with the written approval of the project COR.

2. REFERENCES

The work required under this contract is shown on drawings prepared by Fellenzer Engineering, LLP, entitled Façade Repairs Phase 2A dated March 29, 2021 and further defined in the project specifications.

The contractor should take special note of how the contract drawings were prepared. The drawings use keyed notes as well as item-specific notes to identify the items that need to be addressed by the contractor. However, a keyed-note term does not necessarily indicate the entirety of the work required of the contractor to address the required repair.

Next to the deficiency number on the elevations, a reference is made to a sheet of general repair procedures. The general repair procedures are numbered the same as the defects. The repair procedures then reference applicable details and/or specifications section for further information. Some care will need to be taken to make sure that all aspects of the intended repair are accounted for in the contractor’s project pricing.

3. ADDITIONAL INFORMATION

The contractor shall provide all labor, supervision and materials necessary to perform the work as indicated in this scope of work, project specifications and drawings. The contactor shall make every effort to maintain the existing conditions that are not part of the project. In addition to following “FAR 52.236-9, Protection of Existing, Structures, Equipment, Utilities and Improvements” the contractor shall remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work, which is to remain. The contractor shall repair or replace portions of the existing work, which have been altered or damaged during construction operations to match existing or adjoining work, as approved by the COR and at no cost to the government. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started.

The Contactor shall verify all existing conditions on the site and in the facility infrastructure that the proposed project may affect before the commencement of any construction. This includes but is not limited to, verifying the location and elevations of existing utilities, verifying site items as shown on the project drawings and taking appropriate field measurements. The government will not be held responsible for bidding errors made or the failure to adequately inspect the job site for existing conditions, dimensions or to fully review manufacturer’s information related to the project.

All discrepancies between the drawings, specifications and manufacturer’s recommendations shall be brought to the attention of the Contracting Officer prior to the commencement of work. The Contractor shall abide by the contract documents regardless of whether or not a manufacturer calls for the task, level of preparation, etc. in question. The only exception is where the Contracting Officer agrees in writing that the item or task specifically voids a manufacturer’s warranty and may be omitted. A credit for the work not performed may be due to the government in such circumstances at the discretion of the Contracting Officer.

All drawings notated with “install, replace, provide or new” infer that the contractor is responsible for providing all materials and labor associated to complete that task or phase of the project as well as the project overall.

4. SCHEDULES

The base contract work shall be substantially complete within 365 days of the Notice to Proceed unless otherwise agreed to in writing with the Contracting Officer. Provide the government with a development and construction project time line that includes but is not limited to submittal submission dates, start of construction, milestones, completion of construction, performance testing and final hand over to government for occupancy that is within the specified time frame.

Rescheduling of any activities shall be done at no cost to the government unless negotiation and authorization of the rescheduled activity has been agreed upon by the Contracting Officer. Notify the Contracting Officer’s Representative at least 72 hours prior to starting demolition work, minor utility shut-downs, large deliveries or any event that may impact the normal operations of the facility.

5. CONTRACTOR PERFORMANCE

Use good construction practices and standards in completing all work. All work shall be performed by laborers that are fully versed and experienced in the trade that they are employed to do.

Coordination with the government of project progress and scheduled items shall be a regular occurrence, initiated by the Contractor. Construction progress meetings shall be held weekly at a day and time agreed to with the Contracting Officer’s Representative, unless otherwise agreed to. The Contractor will provide the previous week’s meeting minutes to all attendees, including any edits required by the Contracting Officer’s Representative, at least 24 hours prior to the meeting.

The VA’s project Contracting Officer’s Representative shall govern all work done during the project duration. The Contractor will immediately correct any work that the Contracting Officer’s Representative deems unacceptable or not in accordance with the plans and/or specifications at no additional cost to the government.

Stratton VAMC Façade Repairs – Phase 2A Page 8 of 52 528A8-19-802 Mar. 30, 2021

Page 1 of

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.beta.sam.gov in electronic format only. All interested parties (subs & primes) should register at http://www.beta.sam.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.beta.sam.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.

PROJECT BID ITEMS

A single award will be made on the Base Bid.

BASE BID: All work required in the construction documents (including but not limited to drawings, specifications, addenda, and contract documents).

Fill in price SF 1442 BOX 17, BASE BID (use ink)

BID SUBMISSION

The following documents are to be included in the bid submission:

(a) One (1) signed SF 1442 page 2, Offer page, with blocks 14-20c completed.

(b) Acknowledgment of all amendments must be accomplished either via entering data in block nineteen (19) of the SF1442 or completing blocks fifteen (15) a, b, and c of the amendment and attaching it to the SF 1442 Offer page.

(c) One (1) original completed/signed SF24 Bid Bond and Power Of Attorney as required.

(d) Safety or Environmental Violations and Experience Modification Rate:

1) 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.

2) 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.

3) Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead may 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.

(e) Bidders are responsible for ensuring and verifying their bid and all required bid documents are received at the address designated in block eight (8) of the SF 1442 solicitation and by the date and time specified in block thirteen (13)a of the SF 1442 solicitation (subject to amendment).

DELIVERY OF BIDS

Bids in response to this solicitation are to be delivered to:

Department of Veterans Affairs Network Contracting Office 2 Attn: Tony Clemente 20 Madison Ave Ext Albany, NY 12203

The solicitation number and project title must be written on outside of the Delivery Package.

INSTRUCTIONS TO BIDDERS

A public bid opening will be held on Monday, August 30, 2021 @ 2:00 PM (EST), at NCO 2, 20 Madison Ave Ext, Albany, NY 12203. Participants will be escorted to the conference room located inside the suite approximately five (5) minutes before official bid opening.

Prospective vendors are warned against contacting any Department of Veterans Affiars personnel outside the Network Contracting Office 2 prior to award of a Contract resulting from this solicitation. If such contact occurs and is found to be prejudicial to competing vendors, the vendor making such contact may be excluded from award consideration

Bids received after this time may be rejected.

Any exception to the terms and conditions of this Invitation for Bid (IFB) will result in a nonresponsive bid.

Failure to provide a definitive price will result in a nonresponsive bid.

Receipt of bids must be in accordance with terms and conditions of this IFB.

Bidders must acknowledge (in writing only) amendments to this solicitation, otherwise a bid may be determined nonresponsive.

The winning bidder must be determined as "responsible" by the Contracting Officer in accordance with FAR Part 9, Contractor Qualifications.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

GENERAL INTENTION

Contractor shall provide the labor and materials to include, but not limited to the provided drawings and specifications for the Façade Repairs Phase 2 project located at the Stratton VA Medical Center. The period of performance is 365 calendar days from receipt of the Notice to proceed. The Stratton VA Medical Center (VAMC) located at 113 Holland Avenue, Albany, New York was constructed in the late 1940’s. It is a steel and masonry structure whose exterior facade requires maintenance to repair weather damage that has accumulated over time. The various items requiring attention are generally described in the SOW. More detailed information can be found in the accompanying plans and specifications. In addition, it should be noted that the items listed in the following scope of work do not necessarily need to be performed everywhere in the subject areas. The accompanying plans show generally where each repair is needed, but should not be seen as limiting. The designers have made an effort to capture all of the defects requiring repair, but each repair noted shall be performed where needed everywhere within the work scope area whether shown on the drawings or not. It is highly recommended that bidders perform a site visit to confirm what is shown on the drawings.

SITE VISIT

Bidders are urged and encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

There will only be one (1) organized site visit. The site visit is scheduled for Thursday, August 5, 2021 @ 1:00 pm (EST). Due to the pandemic, participants are required to wear disposable surgical masks at all times while inside the building as cloth masks are no longer acceptable when entering the Stratton VA Medical Center. Participants are to enter through the main entrance to be screened for COVID 19 prior entering building. Please bring a government issued photo ID. You will be met by the Contracting Officer and Contracting Officer Representative.

Attendance is not mandatory, however all bidders are strongly encouraged to attend.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements or specifications, submit a written RFI via email to Tony.Clemente@va.gov.

RFIs will be responded to as necessary in amendment format which will be posted on http://www.beta.sam.gov The deadline for submission of RFIs for this solicitation is Monday, August 16, 2021 at 1:00 PM (EST). No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephone RFIs will not be accepted or returned.

BASIS FOR AWARD

Contract award will be made to the responsive, responsible bidder submitting the lowest price in accordance with FAR Part 14 – Sealed Bidding.

RESPONSIBILITY REQUIREMENTS

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 may 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 may 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.

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 Albany, NY

(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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 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:

Tony Clemente Contracting Officer Hand-Carried Address:

Department of Veterans Affairs Network Contracting Activity 20 Madison Ave Ext Albany NY 12203 Mailing Address:

Department of Veterans Affairs Network Contracting Activity 20 Madison Ave Ext Albany NY 12203

(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)

2.8 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— August 5, 2021 at 1:00 pm est

(c) Participants will meet at— Stratton VAMC (End of Provision)

2.9 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)

2.10 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 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 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.

(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:

REPRESENTATIONS AND CERTIFICATIONS

See attached document: VIEWS 03923953 DRAFT CD - VAAR 819 852 -OGC Concur (003).

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238140.

(2) The small business size standard is $16.5 Million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

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

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

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

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

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

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

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

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

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

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

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

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

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

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

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

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

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

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