36C24418B0596-001.docx

Replace UPS Telephone Room, Project 542-18-112 Solicitation No. 36C24418B0595

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.

36C24418B0596 X 08-14-2018 460-18-4-5074-1153 460-18-012 00244 Department of Veterans Affairs Network Contracting Office 4

See attached delivery schedule

Mike White 302-994-2511 x7528

THIS REQUIRMENT WILL BE AWARDED IN ACCORDANCE WITH FAR PART 13

Building 1, 3rd Floor OR Chiller Replacment - Project Number 460-18-12

The VA Medical Center Wilmington intends to issue a construction contract. The project consists of: a. The Contractor providing all labor, transportation, materials, equipment, and supervision required to replace the building 1, third floor OR Chiller located 1601 Kirkwood Highway, Wilmigotn Delaware 19805.

1. This project is 100% set-aside for Service-Disabled Veteran-Owned Small Business Concerns. Bidders must be verified as SDVOSB per the Center for Veterans Enterprises (CVE) www.vetbiz.gov website.

2. NAICS Code is 236220 with a small business size standardof $36.5 Million

3. The magnitude of construction is between $100,000.00 and $250,000.00

4. POC: Mike White, Contracting Officer, (302) 994-2511, Ext 7528, Michael.white9@va.gov

5. In accordance with FAR 52.228-5 Insurance, Work on Government Installation, proof of liability insurance is required within ten (10) days after award of the contract for this project in the form of a certificate.

6. This solicitation is issued under the authority of 38 U.S.C. 8127 Total Service-Disabled Veteran-Owned Small Business set-aside.

7. Prior to commencement of work, general contractor shall provide proof that an OSHA certified "competent person' (CP) will maintain a presence at the work site whenever the general or subcontractors are present.

8. Offerors must ensure registration in the System for Award Management (SAM) is current, has not expired with valid Representations and Certifications at https://www.sam.gov/portal/SAM/#1

9. This solicitation may be canceled and all offers rejected before award but after solicitation closing date when it is in the best interest of the Government.

x x 52.211-10 X one (1) 12 noon 09-04-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

00244

Network Contracting Office 4

Austin Payment Center

PO Box 149971 Austin

TX

78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

COST/PRICE SCHEDULE

A. BASE BID:

ITEM 1, BASE BID: The Contractor shall provide all labor, transportation, materials, equipment, and supervision required to Building 1, 3RD Floor OR Chiller Replacement as required at the Wilmington VA Healthcare System, located at 1601 Kirkwood HWY, Wilmington, Delaware 19805.

LUMP SUM BASE BID: $ _____________________________

Write bid amount in words

Page 1 of

Wilmington, DE VA Medical Center Wilmington, DE 19805

SCOPE OF WORK

For

460-18-012: Building 1, 3RD Floor OR Chiller Replacement

-- Services --

Provide:

1. Professional construction services to include but not limited to:

a. Site investigation- mechanical, electrical, plastering, painting and construction.

b. Construction period of services- Furnish and Install all items per plan and specification as shown documents Project: Building 1, 3RD Floor OR Chiller Replacement.

c. Infection Control Risk Assessment.

-- Documentation and Acronyms --

Applicable Documents:

2. The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

a. Federal Acquisition Regulation

b. Veterans Administration Acquisition Regulation

c. Service Contract Act (SCA) Directory of Occupations (Fifth edition) http://www.dol.gov/whd/contracts/sca.htm

d. VA Directive 0058- VA Green Purchasing Program

e. VA Directive 0057- VA Environmental Program

f. Master Construction Specification: https://www.cfm.va.gov/TIL/ Acronyms:

3. Glossary : Acronyms used in this SOW are listed below for easy reference:

-- Project Scope --

GENERAL:

4. VA Medical Center Wilmington intends to issue a construction contract. The project consists of:

a. The Contractor shall provide all labor, transportation, materials, equipment, and supervision required to Building 1, 3RD Floor OR Chiller Replacement as required at the Wilmington VA Healthcare System, located at 1601 Kirkwood HWY, Wilmington, Delaware 19805.

SPECIFICS:

5. Building 1, 3RD Floor OR Chiller Replacement

a. Demo and remove existing Chiller Unit from the roof top. Dispose of the chiller unit in accordance with VA policy and guidance.

b. Installed New Chiller Unit for OR on the roof top. The new unit will be installed in the same location as the old unit. The new chiller should meet all OR requirements in accordance with VA policy and guidance.

c. The contractor will need to provide a certified crane operator to remove the old chiller and installed the new chiller on the roof top.

d. The new chiller will be integrating into existing BAS system.

e. Any wiring is to be inside electrical conduit, and label in accordance with VA policy and guidance.

f. Replace all insulation piping on all the piping that is part of the chiller unit.

g. After installation the unit needs to be tested and commission.

h. The contractor will trained and pass all required documents, manual, commission paperwork, testing to the AC shop and COR. The contractor will provide a hard copy and electronic copy of all documentation.

6. All breaches through a fire wall must be sealed with the appropriate fire caulk material meeting VA policy and Guidance.

7. The contractor will provide pictures before, during and after construction or testing.

8. Work to be scheduled to interfere as little as possible with normal VA operations.

9. VAMC Wilmington Notified Fire Alarm System is currently maintained by BFPE. All alterations to the existing fire alarm system are to be completed by BFPE as part of this contract.

Other Specifics:

10. Prime Contractor to plan all phasing of work in coordination with Hospital staff in order to minimize down-time to areas affected by the project.

11. Construction Waste Management, Specification 01 74 19 is to be included.

12. Prime Contractor to maintain all infection control/ dust prevention measures required.

13. Contractor will get all Permits Necessary to complete the project.

14. Consolidate all necessary submittals by specification section on an excel spreadsheet. Checklist to be utilized to track/ monitor submittal process.

15. Contractor will submit picture of affected area before, during, and after construction or testing.

-- Site Investigation --

Expectation: Contractors will make site visits as necessary to survey existing conditions.

16. Make site visit as required to determine existing as-built conditions affecting this project.

a. Provide any structural, architectural, electrical, and mechanical investigation work including interior site work, of both existing and designed systems necessary to insure the accuracy of the design.

b. Provide any measured drawings of existing systems of facility required to insure the accuracy of the design.

-- Environmental/Occupational Safety and health (EOSH) --

Expectation: All projects and project designs shall contain language that addresses all applicable EOSH requirements.

17. Regulatory Compliance- EOSH requirements for work performed at the above location can be found in:

a. Volume 29 of the Code of Federal Regulations, Part 1910- Occupational Safety for General industry.

b. Volume 29 of the Code of Federal Regulations, Part 1926- Occupational Safety for the Construction Industry.

c. Volume 40 of Code of Federal Regulations, Protecting of the Environment.

d. Volume 49 of the Code of Federal Regulations, Part 397- Transportation of Hazardous Materials.

e. Title 7 of Delaware Code, Conservation

f. Title 16 of Delaware Code, Health and Safety Specification: The VA Master Construction Specification contains work procedures and material requirements designed to meet regulatory compliance requirements. Whenever possible, the Master Construction Specification must be used as the basis for the project designs.

18. Contractor and Subcontractor to following specifications:

a. 01 00 00 General Requirements

b. 01 35 26 Safety Requirements

c. 01 42 19 Reference Standards

d. 01 74 19 Construction Waste Management

e. 02 21 13 Site Surveys

f. 02 41 00 Demolition

g. 07 84 00 Firestopping

h. 22 05 23 General Duty Valves for Plumbing Piping

i. 23 05 11 Common Work Results For HVAC

j. 23 05 41 Noise and Vibration Control For HVAC Piping and Equipment

k. 23 05 93 Test, Adjusting and balancing for HVAC

l. 23 08 00 Commissioning of HVAC System

m. 26 05 11 Requirements for Electrical installations

n. 26 27 26 Wiring Devices

o. VA HVAC Design Manual

-- Location/Hours/Deliverables --

Performance Location:

19. Demo/Installation/Commission of OR Chiller as required at the VAMC Wilmington, Delaware located at 1601 Kirkwood HWY, Wilmington, DE 19805.

Hours:

20. Work is to be performed on Friday at 5:00PM -12:00AM, Saturday at 06:00AM-7:00PM and Sunday 06:00AM-7:00PM. Contractor access will be provided during this time, except special federal holidays.

21. The contractor will not have any personnel on site any other day without the proper approval from the COR.

Deliverables:

22. The Contractor will submit a daily log, pictures, work performed each time services is render.

-- Contractor Personnel and Management --

Contractor Personnel:

23. The Contractor shall be responsible for employing qualified personnel to perform the work specified in this SOW. The Contractor shall make sure that subcontractor and employees have proper documentation to authorize personnel to work in the United States of America. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements.

24. The Contractor is required that all subcontractor or employees have been screen by the VAMC Wilmington Healthcare System. All personnel are required to wear a VA government furnished badge. All contractor and subcontractor are required to wear a government and company furnish badge while performing services under this contract. The badge will contain a personal picture, name of employee, and Contractor's name. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

25. Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

26. The contractor shall insure that employee or subcontractor have valid driver license when driving a vehicle on property.

Management:

27. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

28. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

29. Contractor personnel or subcontractor shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel.

30. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

Safety/Security Requirements:

31. The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. The Contractor shall ensure that employees or subcontractor have the proper PPE for the job. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

Work Attire and Appearance:

32. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

Personnel Qualification:

33. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW and authorized to work in the United States. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the task and functions he/she is intended to perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements; additionally, the Government reserves the right to review resumes of contractor personnel proposed to be assigned. Personnel assigned to, or utilized by, the Contractor in performance of work shall be fully capable of performing the requirements contained in the SOW in an efficient, reliable, and professional manner.

34. Contractor shall provide a supervisor who speaks English on site at all time.

35. Personnel should be properly trained for safety and performance of their respective duties.

36. Appropriate safety equipment shall be furnished by the Contractor to contractor personnel or subcontractor and shall be used as prescribed by OSHA Standards.

37. The Government reserves the right to review Contractor personnel qualifications. Upon request, resume shall be provided to the Contracting Office prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.

Non-Personal Service Statement:

38. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the SOW. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

-- Damages/Insurance --

Damages:

39. The Contractor is liable for all damages to Government equipment, property; utilities, etc., located at the site (e.g. sprinkler heads, ceiling tiles, manholes, fire hydrants, vehicles, windows, etc.) caused by the Contractor, its employees or it subcontractors. The Contractor shall immediately report all damages to the COR and shall provide the Contracting Officer (CO) and COR, a written report, within 24 hrs. The report shall include: What occurred, who was involved, when it occurred (Time/Date), where did it occurred, why it occurred, how it occurred, and the proposed means to repair or replace.

40. Contractor is to maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

VAMC Wilmington, DE 460-18-012 OR Chiller Replacement

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

Page 1 of

REQUIREMENTS:

Contactor shall:

1) Contractor is responsible to verify all site conditions prior to performing any work. Contractor shall follow all Guidelines and Standards, applicable to the task, as described in the Construction Safety Standards and Master Construction Specifications all available on the VA Technical Information Library.

Contractor shall provide red-line document upgrades and very specific listing of testing procedures, results, and recommendations in format cohesion with the manufacturer’s specifications. No portion of the project shall commence until all products and procedures are submitted for review and approved by the COR. After approval of the submittals of equipment ONLY the Contracting Officer may authorize a Notice To Proceed.

4) The contractor shall paint, patch, replace, or refinish any surfaces damaged during the project according to VA guidelines and recommendations where applicable with the project. The contractor shall protect adjacent structures and equipment. Contractor is responsible to repair all other damages caused during this project.

5) Safety and Security: The contractor shall acquire temporary contractors ID card daily from the Operators office in building one and it shall be visibly worn daily. Contractor shall display WVAMC temporary badge at all times.

All workers shall have a recent OSHA 10-hour construction safety course and produce the documentation prior to beginning the project.

MINIMUM STANDARDS OF WORKMANSHIP:

All work shall be performed in compliance with all Federal, State and Local laws and regulations. In addition, work will meet equipment’s manufacturer specifications and generally accepted industry standards of good workmanship. Because of the fast pace of recent technology, the most recent acceptable industry standard shall be adhered to. The COR shall be informed of intended deviations from the SOW and industry standards while utilizing supporting documentation in order to make any alterations. All waste materials shall be disposed of by the contractor in compliance with Federal State and Local laws and regulations. Contractors will retain receipts for quantities of material removed for recycling purposes and turned in to the COR No work may proceed by the contractor until all material cut sheets or submittals are submitted to the COR for approval. COR will review and submit to Contracting Officer. No work may proceed until the Contracting Officer authorizes. The COR is not authorized to issue a Notice to Proceed.

TRAINING:

Effective July 31, 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course. The General Contractor’s competent person 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.

It is the responsibility of the Contractor to provide TB training annually and a PPD test annually for any employees providing services at the VA Medical Center, Coatesville, PA. The government reserves the right to review the contractor’s records. Failure to present the proper training documentation upon the Contracting Officer’s request 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.

PRIVACY AND CONFIDENTIALITY:

Contractors to the Department of Veterans Affairs may be unintentionally exposed to sensitive information. Information maybe overheard, seen on documents or electronic devices, or observed that could potentially violate the privacy and confidentiality of our veterans, employees, volunteers, and their families. Regulations such as, but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Freedom of Information Act (FOIA) and Privacy Act of 1974 have been enacted to protect sensitive information from being improperly disclosed. Information should not be divulged or released to anyone unless specifically authorized in accordance with the contracted services. Failure to comply with applicable statutes and regulation can result in the termination of this contract and civil and criminal penalties, including fines and imprisonment. All suspected or actual breaches of the privacy and confidential should be reported immediately to the Contracting Officer, COR or the Facility Privacy Officer.

CONTRACTOR NORMAL WORK HOURS:

Work is to be performed on Friday at 5:00PM -12:00AM, Saturday at 06:00AM-7:00PM and Sunday 06:00AM-7:00PM. Contractor access will be provided during this time, except special federal holidays. The contractor will not have any personnel on site any other day without the proper approval from the COR. 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 work days. Federal holidays can be found on the following web site: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays.

SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE:

All offerors shall submit 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 Environmental Protection Agency (EPA) violation(s) in the past three years. All offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. 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. 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.

A determination of responsibility will 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 System for Award Management (SAM.gov), Vendor Information Pages (VETBIZ), Experian Credit Risk Score and Financial Stability Risk Score (Experian) and/or DUN and Bradstreet, Federal Awardee Performance and Integrity Information System (FAPIIS) accessed through the Past Performance Information Retrieval System (PPIRS), Small Business Administration (SBA), Office of Inspector General-Health and Human Services (OIG-HHS), OSHA, Veterans’ Employment & Training Services (VETS 4214) reporting database, and EPA online inspection history databases will be used to make the Determination of Responsibility. Any information received by the Government that would cause for a negative Determination of Responsibility may make the 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.

As required by the statutory requirement pertaining to the Veterans Benefits Act of 2003 (15 U.S.C. 657f) and in accordance with FAR 6.206, this procurement will be set-aside for Veteran Owned Small Business (VOSB) concerns. Only VOSB concerns who are verified in the Vendor Information Page (VETBIZ) and registered in System for Award Management (SAM.gov) will be eligible to submit proposals.

CONTRACTING OFFICER’S REPRESENTATIVE (COR):

(In accordance with VAAR 1.604 and 1.602-2) the COR assists in the technical monitoring or administration of a contract. Limited authority is given in writing by the Contracting Officer’s letter of designation describing the COR’s duties and responsibilities. The COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract (or provisions of the solicitation). The COR’s authority is limited to contract administration functions delegated in writing by the Contracting Officer. In this solicitation and in the specifications, COR may be used interchangeably with Contracting Officer’s Technical Representative (COTR), Resident Engineer, Project Engineer and Engineer/Engineering.

POINT OF CONTACT:

All questions are to be directed to the Contracting Officer, Mike White, at the WVAMC.

WAGE AND HOUR LAWS:

The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.

INSTRUCTIONS TO OFFERORS

INFORMATION REGARDING PROPOSAL MATERIAL, BID GUARANTEE AND BONDS

A. Bid materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting Bids directly to the Department of Veterans Affairs.

B. A Bid Guarantee is required in an amount not less than 20 percent of the proposal price. Failure to furnish the required Bid Guarantee in the proper form and amount, by the time and date proposals are due, 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. (Refer to FAR 52.228-1)

C. The offeror to whom award is made will be required to furnish a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions.

D. Refer to FAR 52.236-27, Site Visit (CONSTRUCTION) for Site Visit information.

E. Bids shall be hand-delivered or mailed to:

DEPERTMENT OF VETERANS AFFAIRS

ATTN: MIKE WHITE

Replace UPS Telephone Room, Project 542-18-112 Solicitation No. 36C24418B0595

GRENNVILE, DE 19807

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GENERAL PROVISIONS

GP.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

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

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

(iv) 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.

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

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

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

(viii) 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.

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

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

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

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

(xi) 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.

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

(xiii) 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.

(xiv) 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.

(xv) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xv): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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

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

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

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

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

GP.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

GP.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

GP.4 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) GP.5 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) GP.6 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…