36C24223B0036_1.docx
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- Solicitation number
- 36C24223B0036
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This solicitation is for demolition and abatement services at various rooms in Building 1 at the Buffalo VA Medical Center. The contractor will be required to abate and remove asbestos floor tile, mastic and ceiling tiles from rooms 103-2, 314B, 611D, 614C, 929D, 929D1, B46 X2-2 and 101-3. The contractor must perform all asbestos-related work under abatement conditions and dispose of all demolition materials in accordance with applicable regulations. The period of performance is 90 calendar days from award. Key submittals and meetings include a kickoff meeting, preconstruction conference, weekly status meetings and required documentation for employee training and experience. The solicitation closes on September 12, 2023. This is a total small business set-aside for service-disabled veteran-owned small businesses.
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Other files
| File | Type | Posted |
|---|---|---|
| RFIs DEMOLITION AND ABATEMENT.docx | DOCX document | |
| 3rd Floor.pdf | ||
| 36C24223B0036 0002.docx | DOCX document | |
| 9th Floor.pdf | ||
| Basement.pdf | ||
| 6th Floor.pdf | ||
| 1st Floor.pdf | ||
| 36C24223B0036 0001.docx | DOCX document | |
| PRE-BID SITE VISIT Bldg. 1 Abatement Demo Sign-in.pdf | ||
| P07 WAGE DETERMINATION.pdf | ||
| SPECIFICATIONS.pdf |
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36C24223B0036
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)
1. 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.
36C24223B0036 X 08-17-2023
TBD
528-23-4-4895-0109 N/A Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227
ALGARIN, IDALIA
716-862-7461 X 22395 The intent of this project is to abate and remove the ACM floor tile, mastic, and ceiling tiles. Remove all other flooring and ceiling materials outlined in section 1.4 of the Scope of work. All work performed on ACM shall be complete under abatement conditions, and all demolition materials shall be disposed of in accordance with all applicable state and federal regulations. Work is to be perform at the Buffalo VA Medical Center, 3495 Bailey Avenue, Buffalo, NY 14215.
This procureme nt will be 100% set-aside for a Service-Disabled, Veteran Owned Small Business IAW 38 U.S.C 8127. Bidders should be registered in the System for Award Management (SAM) at the time of bid and shall be registered at the time of award (www.sam.gov). The successful bidder's Supplier Analysis Report will be reviewed by the Contracting Officer.
A score of 7 and above may require additional financial data to be submitted. Bidders must submit their Experience Modification Report (EMR) with their bid. The North American Industry Classification System (NAICS) code for this procurement is 562910 Remediation Services with a size standard of $25.0M.
A pre-bid site visit will be held on Thursday, August 24, 2023at 10 AM and 1 PM ET. Interested parties shall meet at the Buffalo, NY VAMC, Building 1, Basement Serivce Elevators at 10 am ET . The COR will meet you there and escort you to the jobsite. All inquires at the site visit must be submitted to the Contracting Officer to be considered for an official response. All RFIs must be submitted by noon on Thursday, August 31, 2023. EMA IL TO: Idalia.algarin@va.gov
Bid opening will be held via Microsoft TEAMS on Tuesday, September 12, 2023 at 11 AM ET. BE SURE TO EMAIL YOUR BID AND
REQUIRED DOCUMENTS TO: IDALIA.ALGARI
N@VA.GOV. THIS MUST ARRIVE BY 11 AM ON TUESDAY, SEPTEMBER 12, 2023. ORIGINALS OF
AND BOND NEED TO BE MAILED TO: IDALIA ALGARIN, CONTRACTING OFFICER, 2875 UNION ROAD, SUITE 3500, CHEEKTOWAGA, NY 14227.
To be included in the bid opening, please email Ms. Algarin and include the name and email address of those what which to attend, so that they can be included in the Microsoft TEAMS invite.
See drawings, specifications and the Statement of Work included or attached to this solicitation for a complete description of the work required. Award will be made to the responsive, responsible bidder submitting the lowest price.
There is no project number for this project. The magnitude of the project is between $100,000 - $250,000.
Bidders are reminded to return sign copy of VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING - CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION) contained in the solicitation.
X 52.211-10 X
EMAILED
11AM
EDT
09-12-2023 X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
22.
AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) ( 26.
ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No fu rther 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 copie s 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
528-3630162-4895-854100-2543 0100C1000 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 5 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 29 |
| 2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 29 |
| 2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 29 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 30 |
| 2.4 52.228-1 BID GUARANTEE (SEP 1996) | 31 |
| 2.5 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 32 |
| 2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 32 |
| 2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| 2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 33 |
| REPRESENTATIONS AND CERTIFICATIONS | 34 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023) | 34 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 38 |
| 3.3 52.233-2 SERVICE OF PROTEST (SEP 2006) | 40 |
| GENERAL CONDITIONS | 42 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 42 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) | 42 |
| 4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 43 |
| 4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023) | 43 |
| 4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) | 46 |
| 4.6 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022) | 47 |
| 4.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 52 |
| 4.8 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) | 53 |
| 4.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 54 |
| 4.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 57 |
| 4.11 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 58 |
| 4.12 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 59 |
| 4.13 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 60 |
| 4.14 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 60 |
| 4.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 61 |
| 4.16 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 62 |
| 4.17 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 63 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 64 |
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
(a) Solicitation materials consisting of drawings, specifications and other information may be obtained from the Contract Opportunities (formerly FedBizOpps) website:
https://sam.gov/ An Offerors mailing list WILL NOT BE prepared by the Contracting Officer.
SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://sam.gov/ Paper copies of the amendments will NOT be individually mailed. 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) A bid guarantee is required in an amount not less than 20 percent of the proposal price but shall not exceed $3,000,000, whichever is less. Irrevocable Letter of Credit (ILC) may be submitted in lieu of a bid bond. Failure to furnish the required bid guarantee in the proper form and amount, by the proposal due date, will require rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.
(c) The awardee for this procurement will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25. See FAR Clause 52.228-15 Performance and Payment Bonds—Construction.
Magnitude of Construction: $100,000 - $250,000.
(d) CONTRACTOR RESPONSIBILITY:
Safety or Environmental Violations and Experience Modification Rate “All 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 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 Offerors shall submit information regarding their current Experience Modification Rate (EMR), which shall be equal to or less than 1.0 to be considered for award. This information shall be obtained from the 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 must 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 shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.
(e) TRAINING:
All employees of the Prime Contractor and Subcontractors shall have the 10-hour OSHA certified construction safety course. The Prime Contractor’s competent site superintendent and any ‘foreman’ of the subcontractor(s) shall have completed the 30-hour OSHA certified construction safety course. Documentation of training shall be submitted to the Contracting Officer for review and approval prior to any work being performed. Failure to present the proper training documentation will result in the individual being removed from the job; the individual may only return after the proper documentation has been provided. There shall be no exceptions to this requirement.
(f) KEYS: All keys provided to the Contractor or any subcontractor for use during the project shall be returned to the Contracting Officer's Representative (COR) at completion of the work or upon request. No keys shall be reproduced by the Contractor or any subcontractor. There will be a $10 charge for each key that is lost or not returned to the COR.
(g) System for Award Management (SAM):
Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database, https://sam.gov/ and enter all mandatory information into the system. Contractors must be registered in SAM at the time of award and should be registered at the time of the proposal submission.
(h) Contractor Normal Work Hours:
The contractor work hours are from 8:00AM to 4:30PM, Monday through Friday, excluding federal holidays. Federal holidays that fall on a non-workday; Saturday or Sunday, the holiday usually is observed on Monday if the holiday is on Sunday or on Friday if the holiday is on Saturday. The contractor may request authorization from the Contracting Officer to work an alternative schedule or on holidays. However, the Contracting Officer reserves the right to deny or authorize the contractor’s request at his or her discretion considering the best interests of the Government. All federal holidays are observed as non-workdays. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays. These days will be identified during the pre-construction meeting.
(i) Bidders are reminded to sign and return VAAR 852.219-77 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (SEPT 2021) (DEVIATION)
(j) Design Firm cannot receive the construction contract award.
VHA COVID-19 Masking Guidance We anticipate releasing an updated VHA COVID-19 Operational Plan that will create new baseline standards that reflect the current COVID-19 reality while simultaneously providing tools and flexibilities for our facilities to respond appropriately to potential future COVID-19 outbreaks.
This masking guidance is in line with the latest CDC guidance and based on the hard lessons we have learned over the last three years, while reflecting input from all levels of the organization.
Effective immediately, masking continues to be required for staff, Veterans, and visitors while in the high-risk areas listed below, including waiting areas:
· Transplant units
· Dialysis
· Chemotherapy units
· ED & urgent care
· Open Bay Medical ICUs
· SCI and CLC (staff and visitors only) Staff may remove masks in these high-risk areas only under the following circumstances:
· they are not in a patient room;
· they are not within six feet of a Veteran in a congregate area (e.g., shared meals in CLC); or
· they are not within six feet of a patient in an open treatment area/room.
Masking also continues to be required:
· for those with a suspected or confirmed COVID-19 infection or other viral respiratory infection;
· for VA staff during clinical encounters when requested by a Veteran, caregiver or family member; or
· where local leadership warrants continued masking is required.
Masking is no longer universally required in the following locations:
· Acute inpatient medical/surgical units
· Acute inpatient mental health units
· Intensive care units with closed rooms
· Clinical areas where aerosol generating procedures are performed
· Laboratories collecting or handling specimens from known or suspected COVID-19 patients (e.g., areas where staff are manipulating cultures from known or suspected COVID-19 patients)
· Congregate settings and bedded residential settings (e.g., blind rehab, residential mental health, homeless shelters)
· Outpatient areas where a significant proportion of patients have high-risk for complication In addition, VHA is updating its COVID-19 Testing Guidebook and will no longer require routine testing for ambulatory procedures or for Veterans leaving and returning to a closed congregate setting. Surveillance testing for CLC and SCI-D Staff is no longer required in all circumstances. Additional guidance will be included in VHA’s updated COVID-19 Testing Guidebook.
36C24223B0036
Page 1 of
Page 1 of
Demolition & Abatement Scope of Work Building 1 07/05/2023
1. General Information
1.1 Location
Work performed under this scope will be for and conducted within VA Western New York Healthcare System (VAWNYHS) at the Buffalo VA Medical Center (VAMC) located at 3495 Bailey Avenue Buffalo, NY 14215.
1.2 Background
Buffalo VAMC Engineering personnel are renovating the following rooms in Building 1; 103-2, 314B, 611D, 614C, 929D, 929D1, B46 X2-2, 101-3, and Starbucks 1st floor Lobby. Asbestos containing floor tile mastic and ceiling tiles have been identified in various parts of this project. Along with the known asbestos flooring and ceilings, there is non-asbestos containing drop, acoustical, and plaster ceilings, as well as non-asbestos containing VCT and carpet flooring that shall be removed as well.
1.3 Purpose
The purpose of this project is to abate and remove the ACM floor tile, mastic, and ceiling tiles. Remove all other flooring and ceiling materials outlined in section 1.4 Scope. All work performed on ACM shall be completed under abatement conditions, and all demolition materials shall be disposed of in accordance with all applicable state and federal regulations.
1.4 Scope
Room 103-2:
· Demolish approximately 185 square feet of VCT flooring and carpet and associated cove base.
· The beige mottled 12” x 12” floor tile was determined to be asbestos-containing and was observed both beneath carpeting and uncovered.
· The yellow carpet mastic and the black floor tile mastic were determined to be non-asbestos-containing.
· Demolish approximately 185 square feet of Acoustical Tile and Plaster Ceiling.
· Asbestos-containing 12” x 12” dotted acoustical ceiling tile was observed adhered with asbestos-containing brown mastic to a non-asbestos containing plaster ceiling.
· All demolition of ceiling & flooring shall be done under abatement conditions.
Room 314-B:
· Demolish approximately 335 square feet of VCT flooring and associated cove base.
· The newer (shinier) gray mottled 12” x 12 floor tile and the black mastic observed beneath all the floor tile in the room were determined to be asbestos containing.
· All demolition of flooring shall be done under abatement conditions.
· Demolish approximately 335 square feet of drop ceiling to include all tiles and track.
Room 611C:
· Demolish approximately 1400 square feet of VCT flooring and associated cove base.
· There are various 12” x 12” floor tiles within Room 611D. The white mottled floor tile was determined to be asbestos containing.
· The tan, beige and gray mottled floor tiles were determined to be non-asbestos-containing. The black mastic associated with all the floor tiles was also determined to be non-asbestos-containing.
· All flooring shall be demolished under abatement conditions.
· The 6” brown cove base and associated tan mastic were determined to be non-asbestos containing.
· Demolish approximately 1400 square feet of drop ceiling to include all tiles and track.
Room 614C:
· Demolish approximately 620 square feet of VCT flooring and associated cove base.
· The gray mottled 12” x 12” floor tile observed beneath carpet squares was determined to be asbestos containing.
· The 6” gray cove base and associated tan mastic, yellow carpet mastic and black floor tile mastic were determined to be non-asbestos-containing.
· All flooring shall be demolished under abatement conditions.
· Demolish approximately 620 square feet of drop ceiling to include all tiles and track.
Room 929D & 929D1:
· Demolish approximately 390 square feet of VCT flooring and associated cove base.
· There is asbestos-containing tan 12” x 12” floor tile and associated non asbestos containing black floor tile mastic beneath carpeting with non-asbestos-containing yellow mastic
· All flooring shall be demolished under abatement conditions.
· Demolish approximately 195 square feet as well as plaster ceiling (929D.)
· Demolish approximately 390 square feet as well as plaster ceiling (929D & 929D1).
· The ceiling consists of non-asbestos-containing 12” x 12” dot & fissure acoustical ceiling tiles and associated brown mastic attached to non-asbestos-containing ceiling plaster.
B46 X2-2:
· Demolish approximately 900 square feet of non-asbestos containing material plaster ceiling.
Starbucks 1st Floor Lobby & Room 101-3:
· Demolish all existing casework and fixtures associated with the Starbucks coffee shop. All appliances shall be put aside and not disposed of.
· Demolish approximately 475 of tile off the floor and walls of room number 101-3 located directly behind the Starbucks.
Reconstruction is NOT included within this scope of work; Buffalo VAMC Engineering personnel will be responsible for any additional construction.
Air monitoring will be contracted for by the Buffalo VAMC separately and will be provided by a third party.
A detailed asbestos sampling report will be provided to the vendor post-award of the contract.
All mastic asbestos containing mastic shall be demolished and abated mechanically, chemically will not be permitted.
Detailed information about this scope is contained in Section 3: Requirements.
1.4.1 Personal Protective Equipment (PPE)
The Contractor is responsible for obtaining/providing, inspecting, and maintaining any required Personal Protective Equipment (PPE) and access equipment (lifts, scaffolding, etc.) necessary to perform services identified in this SOW.
1.5 Approach
1.5.1 General
This Scope of Work has been broken down into general requirements that are applicable to the entire contract and the specific construction effort:
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1.6 Site Information
Contractors and subcontractors will be subject to the Construction Security Requirements outlined in PG‐18‐1: MASTER CONSTRUCTION SPECIFICATIONS, Section 01 00 00 (General Requirements ‐ 528‐21‐135), Article 1.5.
1.6.1 Access
Although the VAWNYHS campuses are public facilities, access to facility maintenance areas, electrical areas, mechanical areas, roof access, and certain other portions of the medical facility are restricted from the general public. Accessing these areas may require advance notice, pre‐ approval, and scheduling to gain entry.
All visits and access requests to the VAWNYHS under this scope of work shall be coordinated through the Contracting Officer Representative (COR) or the Technical POC.
1.6.2 Photography
It is VHA policy to respect the privacy of all persons (e.g., Veterans, patients, residents, members of the VHA workforce, and visitors) consistent with the needs of operating a national health care system. Privacy protections on VHA premises vary according to the needs and purposes of different types of areas, the persons included, and the purpose of the production and use of photographs, digital images, and video or audio recordings (excerpt from VHA Directive 1078).
Photography of as‐built and site conditions are permissible actions under this SOW when photography activities are coordinated with the COR.
The Contractor shall ensure that any photographs taken do NOT include any VHA patients, members of the VHA workforce, or visitors to the VAMC facility.
2. Applicable Documents The following documents are applicable to this Scope of Work (SOW) to the extent specified herein. While every effort has been made to ensure the completeness of this list, document users are cautioned that they must meet all specified requirements of documents cited in sections 3 of this SOW, whether or not they are listed here.
2.1 Government Documents
The following directives, guides, handbooks, and drawings form a part of this document to the extent specified herein. Unless otherwise specified, the latest revisions available shall be used.
Copies of construction related Department of Veterans Affairs directives, guides, and handbooks are available from the Office of Construction and Facilities Management website:
http://www.cfm.va.gov/til/index.asp
DEPARTMENT OF VETERANS AFFAIRS DIRECTIVES
1078 PRIVACY OF PERSONS REGARDING PHOTOGRAPHS, DIGITAL IMAGES,
AND VIDEO OR AUDIO RECORDINGS
2.2 Veterans Health Administration Western New York Documents The following drawings and documents form a part of this document to the extent specified herein.
Documents identified as “AS MODIFIED BY VHA WNY” are base VA documents that have been tailored to the needs of the Veterans Health Administration Western New York (VHA WNY) or this specific effort. While the base VA documents are available on the Office of Construction and Facilities Management website listed above, the Contractor shall use the modified version listed below, NOT the base document. Copies of these documents are available from the KO, COR, or Technical POC.
VA WESTERN NEW YORK HEALTHCARE SYSTEM, BUFFALO VA MEDICAL CENTER
| 01 00 00 | GENERAL REQUIREMENTS |
| 01 32 16.15 | PROJECT SCHEDULES (SMALL PROJECTS) |
| 01 35 26 | SAFETY REQUIREMENTS |
| 01 74 19 | CONSTRUCTION WASTE MANAGEMENT |
| 02 41 00 | DEMOLITION |
| 02 82 11 | TRADITIONAL ASBESTOS ABATEMENT |
| 02 82 13.19 | FLOOR AND MASTIC ABATEMENT |
2.3 Non‐Government Publications
All work shall be accomplished in strict accordance with the latest codes and standards. The Contractor shall follow any/all applicable standards and codes, including, but not limited to applicable NFPA standards, NEC, JCAHO, OSHA, ANSI, ASHRAE, and any other codes.
2.4 Order of Precedence
In the event of a conflict between the text of this document and the references cited herein, the text of this document takes precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.
3. Requirements The Contractor shall provide personnel, material, services, and facilities to perform, accomplish, and deliver the required services detailed in this scope of work.
Asbestos abatement must be performed in accordance with all federal and state regulations and PG‐18‐1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 02 82 11 TRADITIONAL ASBESTOS ABATEMENT (528‐21‐135).
3.1 General
This section contains general information that is applicable for the duration of the contract (i.e. applies to all Parts of this effort).
3.1.1 Status Updates
The Contractor shall prepare and submit periodic status reports throughout the duration of the contract. The reporting period will begin at Notice to Proceed. The contents of status reports shall include but is not limited to the following information/topics:
· Summary and Current Status of Project
· Progress Accomplished (for the previous month)
· Progress Anticipated (for the next three months)
· Updated Schedule
· Problems Encountered and Anticipated
· Technical, Schedule, and Cost Risk Assessment
· Risk Mitigation Strategy
· Financial Data (i.e. allocated funding, obligations, expenditures, etc.)
Status reports may be organized in Contractor specified format. Status reports will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC, *.DOCX) or Portable Document Format (*.PDF). Status reports shall be submitted via email to the KO and COR by the 5th business day of every month.
3.1.2 Meetings
Several different meetings are identified under this contract. Information contained within this section is relevant to all meetings identified in this contract. Any meeting specific details can be located in its respective section of this SOW.
3.1.2.1 Meeting Scheduling
All meetings identified within this SOW are to be coordinated and scheduled with the COR. See Section 1.6.1 and Section 4.1 for more details.
3.1.2.2 Meeting Agenda
The Contractor shall provide a meeting agenda 5 business days prior to the scheduled date of the meeting. Meeting agendas may be organized in Contractor specified format. Meeting agendas will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC,*.DOCX) or Portable Document Format (*.PDF). Meeting agendas shall be submitted via email to the COR.
3.1.2.3 Meeting Presentation Materials
Any required presentation materials (e.g. handouts, slide presentation, design information, drawings, schedules, cut sheets, etc…) shall be provided to the Government at the same time as the meeting agenda.
Meeting presentation materials may be organized in Contractor specified format. Meeting presentation materials will be supplied as a digital product to the Government in a Microsoft Office compatible format (*.DOC, *.DOCX, *.PPT, *.PPTX), Portable Document Format (*.PDF), or AutoCAD (*.DWG, *.DXF) as applicable to the specific document and meeting.
While email is acceptable method to receive this information, note that the VA has a size restriction for attachments on email. No email can be sent or received by the VA that is larger than 5MB. If meeting presentation materials are larger than this size, the Contractor must determine an alternate method to submit the required materials by the due date (e.g. FTP website, optical digital media, etc…).
3.1.2.4 Meeting Minutes
The Contractor shall provide meeting minutes to document the discussion had during the meeting. The contents of meeting minutes shall include but is not limited to the following information/topics:
Meeting attendees Narrative to describe contents of meeting (will likely mirror the meeting agenda) List of action items (for both the Government and the Contractor) Presentation materials used during the meeting should be included as enclosures Meeting minutes may be organized in Contractor specified format. Meeting minutes will be supplied as a digital product to the Government in a Microsoft Word compatible format (*.DOC, *.DOCX) or Portable Document Format (*.PDF).
The Contractor shall provide draft meeting minutes within 5 business days of the meeting. The Government will review and provide comments back to the Contractor within 3 business days of receipt of the draft meeting minutes. The Contractor shall finalize the meeting minutes and submit the final meeting minutes to the Government within 3 business days of receipt of Government comments.
3.2.1 Kick‐off Meeting and Site Survey
This will be a joint meeting with both the abatement contractor and the air monitoring Consultant.
The Contractor shall conduct a kick‐off meeting at the VAMC. During the kick‐off meeting the Contractor shall address their plan to meet the design intent, review the schedule, and review their plan to address any risks associated with the effort.
This meeting shall comply with the terms of Section 3.1.2 of this SOW. See section 4.2 for the timing of this meeting.
In conjunction with the Kick‐off Meeting, the Contractor shall survey the area to be abated to assess current site conditions.
Site surveys shall be conducted in accordance with Section 1.6.1.
3.2.2 Submittals
The Contractor shall provide all applicable submittals identified from the specifications listed in Section 2.2 at the times specified during the project.
A summary list of submittals and due dates is shown in section 4.2.
3.2.3 Preconstruction Conference
This will be a joint meeting with both the abatement contractor and the air monitoring Consultant.
The Contractor shall attend a Preconstruction Conference. This meeting will be a follow‐up to the Kick‐off Meeting and Site Survey. In preparation for this meeting the Contractor shall submit:
· An updated work plan that adds additional details based upon approved submittal information.
· Revised or new Activity Hazard Analysis (AHA) based on approved submittals
· Any additional clarifying details about the work to be performed that have been updated bases upon the approved submittals.
Any action items resulting from this meeting shall be addressed prior to ordering any materials or beginning the actual construction work.
This meeting shall comply with the terms of Section 3.1.2 of this SOW and the terms of PG‐18‐1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 01 35 26 SAFETY REQUIREMENTS (528‐21‐ 135); Article 1.6 Preconstruction Conference. See section 4.2 for the timing of this meeting.
3.2.4 Demolition and Abatement
The Contractors scope of work for Demolition and Abatement shall include but is not limited to the following: the procedures outlined in PG‐18‐1: MASTER CONSTRUCTION SPECIFICATIONS.
Work includes, but not limited to, all labor, material, equipment, and supervision to perform the required demolition, abatement, encapsulation, and disposal.
Where the ACM recesses into the floor, ceiling, and adjacent walls, any remaining exposed ACM must be encapsulated to prevent personnel exposure to any ACM during wall reconstruction.
See PG‐18‐1 MASTER CONSTRUCTION SPECIFICATIONS; SECTION 02 82 11 TRADITIONAL ASBESTOS ABATEMENT (528‐21‐135), Paragraph 3.3.5.
3.2.5 Status Meetings
The Contractor shall attend periodic status meetings with the VA to discuss construction progress, submittals, and RFIs during the project. The construction phase is anticipated to be no longer than 3 months.
Status meetings will commence after the Preconstruction Conference is held (section 3.2.3). Status meetings shall be held every two weeks for the remainder of the effort. At a minimum, status meeting attendees shall be the VAMC COR and one person from the prime Contractor. Additional personnel may be invited to the meeting as required.
As part of the last status meeting the resurvey of the site will be conducted (see PG‐18‐1: MASTER CONSTRUCTION SPECIFICATIONS, Section 01 00 00 (General Requirements ‐ 528‐21‐ 135), Article 1.8, Paragraph C).
The Contractor and/or Sub Contractor shall provide meeting minutes in accordance with the terms of Section 3.1.2.
3.2.6 Records Management
Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
The Government Agency owns the rights to all data/records produced as part of this contract.
The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (email, fax, etc.) or state of completion (draft, final, etc.).
No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
4. Delivery
4.1 Technical POC
The Contractor shall coordinate all visits and meetings with and provide the required quantity of submittals to Jerome F. Okonzak III Facility Operations Specialist VA Western New York Healthcare System, Buffalo VA Medical Center 3495 Bailey Avenue Buffalo, NY 14215
| Phone: | (716) 602-5820 |
| Fax: | (716) 862‐8618 |
| Email: | Jerome.Okonzak@va.gov |
4.2 Schedule and Submittals
The Period of Performance for the total effort will not exceed 90 calendar days.
Independent of the not to exceed period of performance, the Contractor shall comply with the individual relative and absolute timelines identified in Section 3 of this SOW.
528‐2
3-XXX
Building
Abatement Table 1 is a summary list of actions, submittals, and schedule for this effort. This list is NOT inclusive of any shutdown requests that may be required.
of
3/11/2022
Table 1: Summary List of Events and Deliverables Data Item
| Type |
| Responsible |
Party
| Description |
| Date |
| Delivery |
| Qty |
| SOW |
Ref Spec Ref
Duration of Contract
| 1 |
| Submittal |
| Contractor |
| Monthly Status Report |
| 5th Business Day of every Month |
| NA |
| 3.1.1 |
Demolition and Abatement
Kick‐off Meeting and Site Survey
| 2 |
| Submittal |
| Contractor |
| Kickoff Meeting Agenda |
| Kickoff Meeting ‐5 Business Day(s) |
| NA |
| 3.2.1 |
| 3 |
| Submittal |
| Contractor |
| Work Plan (Draft) |
| Concurrent with Kickoff Meeting Agenda |
| NA |
| 3.2.1 |
| 01 00 00; |
1.7.G
Submittal
Contractor
Schedule, Gantt Chart (Draft)
Concurrent with Kickoff Meeting Agenda email
NA
3.2.1 01 00 00, 1.7.G;
02 82 11, 2.4.1.A
| Action |
| Contractor |
| Kickoff Meeting and Site Survey |
| NTP +7 Business Day(s) |
| In person @ VAMC |
| 1 |
| 3.2.1 |
| VAMC |
| Work Plan (Draft) Comments |
| Concurrent with Kickoff Meeting |
| VAMC |
| Schedule, Gantt Chart (Draft) Comments |
| Concurrent with Kickoff Meeting |
| 5 |
| Submittal |
| Contractor |
| Kickoff Meeting Minutes (Draft) |
| Kickoff Meeting +5 Business Day(s) |
| NA |
| 3.1.2 |
| VAMC |
| Kickoff Meeting Minutes (Draft) Comments |
| Receipt of Draft +3 Business Day(s) |
| 6 |
| Submittal |
| Contractor |
| Kickoff Meeting Minutes (Final) |
| Receipt of Comments +3 Business Day(s) |
| NA |
| 3.1.2 |
528‐21‐135 Building
Abatement of
3/11/2022
Data Item
| Type |
| Responsible |
Party
| Description |
| Date |
| Delivery |
| Qty |
| SOW |
Ref Spec Ref
Submittals
| 7 |
| Submittal |
| Contractor |
| Work Plan (Final) |
| NTP +21 Calendar Day(s) |
| NA |
01 00 00, 1.7.G
Contractor
Schedule, Gantt Chart (Final)
NTP +21 Calendar Day(s) email
NA
01 00 00, 1.7.G;
2.4.1.A
Contractor
Employee Lists
NTP +30 Calendar Day(s) email
NA
01 00 00, 1.6.A;
2.4.1.B
Contractor Keys and lock combinations (doors, tool boxes, equipment)
NTP +30 Calendar Day(s)
In person @ VAMC
01 00 00, 1.6.D
| 11 |
| Submittal |
| Contractor |
| Electronic Security Memorandum |
| NTP +30 Calendar Day(s) |
| NA |
01 00 00, 1.6.E
| 12 |
| Submittal |
| Contractor |
| Vehicle registration |
| NTP +30 Calendar Day(s) |
| NA |
01 00 00, 1.6.F
| 13 |
| Submittal |
| Contractor |
| Accident Prevention Plan (APP) |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
01 35 26, 1.4
| 14 |
| Submittal |
| Contractor |
| Fire Safety Plan |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
01 35 26, 1.14
| 15 |
| Submittal |
| Contractor |
| Activity Hazard Analysis (AHA) |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
01 35 26, 1.5
| 16 |
| Submittal |
| Contractor |
| OSHA Training Certificates |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
01 35 26, 1.8
Contractor Employee qualifications, training, accreditations, and licenses
Preconstruction Conference ‐15 Calendar Day(s) email
NA
02 82 11, 2.4.1.B;
2.4.1.I
Data Item
| Type |
| Responsible |
Party
| Description |
| Date |
| Delivery |
| Qty |
| SOW |
Ref Spec Ref
| 18 |
| Submittal |
| Contractor |
| Certificate of Worker's Acknowledgment |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.B
Contractor Affidavit of Medical Surveillance and Respiratory Protection Preconstruction Conference ‐15 Calendar Day(s) email
NA
02 82 11, 2.4.1.B
| 20 |
| Submittal |
| Contractor |
| Asbestos Hazard Abatement Plan |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.C
| 21 |
| Submittal |
| Contractor |
| Equipment Specifications |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.D
| 22 |
| Submittal |
| Contractor |
| Waste Stream Information and Verification |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.E
| 23 |
| Submittal |
| Contractor |
| Regulatory notifications |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.F
| 24 |
| Submittal |
| Contractor |
| Laboratory used for sampling |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.G
| 25 |
| Submittal |
| Contractor |
| Experience and Qualifications |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.H
| 26 |
| Submittal |
| Contractor |
| State License for Asbestos Abatement |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.J
| 27 |
| Submittal |
| Contractor |
| Encapsulants |
| Preconstruction Conference |
‐15 Calendar Day(s)
| NA |
02 82 11, 2.4.1.L
| VAMC |
| Submittal Reviews |
| Submittal Receipt +7 Calendar Day(s) |
Preconstruction Conference
| 28 |
| Submittal |
| Contractor |
| Preconstruction Conference Agenda |
| Preconstruction Conference |
‐5 Business Day(s)
| NA |
| 3.1.2 |
| Action |
| Contractor |
| Preconstruction Conference |
| NTP +45 Calendar Day(s) |
| In person @ VAMC |
| 3.2.3 |
| 01 35 26; |
1.6
Data Item
| Type |
| Responsible |
Party
| Description |
| Date |
| Delivery |
| Qty |
| SOW |
Ref Spec Ref
| 29 |
| Submittal |
| Contractor |
| Preconstruction Conference Meeting Minutes (Draft) |
| Preconstruction Conference |
+5 Business Day(s)
| NA |
| 3.1.2 |
VAMC
Preconstruction Conference Meeting Minutes (Draft) Comments Receipt of Draft +3 Business Day(s)
| 30 |
| Submittal |
| Contractor |
| Preconstruction Conference Meeting Minutes (Final) |
| Receipt of Comments +3 Business Day(s) |
| NA |
| 3.1.2 |
Status Meetings
| Action |
| Contractor |
| Status Meeting(s) |
| Weekly after Preconstruction Meeting |
| In person @ VAMC |
| As required |
| 3.2.5 |
| 31 |
| Submittal |
| Contractor |
| Status Meeting Minutes |
| Status Meeting +5 Business Day(s) |
| NA |
| 3.1.2 |
| 32 |
| Submittal |
| Contractor |
| Daily Logs and Inspections |
| As Required |
| NA |
02 82 11, 2.4.2
| 33 |
| Submittal |
| Contractor |
| Project Report |
| Last Status Meeting |
| NA |
02 82 11, 2.4.3
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 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)
2.2 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:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 7.7 % |
| 6.9 % |
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
(End of Provision)
2.3 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…
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