36C24419B0002-000.docx

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24419B0002 X 03-27-2019 693-19-1-594-0009 693-18-108 00244 Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC 1111 East End Blvd Wilkes-Barre PA 18711

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC 1111 East End Blvd Wilkes-Barre PA 18711

Scot Plank scot.plank@va.gov 570-824-3521 x4051

The Contractor shall provide all materials, tools, labor, transportation, shipping, supervision, equipment, testing, adjustments and all other work and appurtenances necessaryfor the replacement of an 80 kVA UPS System and installation of new standby feeders and associated electrical distribution equipment at the Wilkes-Barre VA Medical Center as defined by drawings and specifications. All work must be performed in accordance with (IAW) the attached Statement of Work (SOW), specifications, drawings and all federal, state, and local codes and VA rules and regulations.

Magnitude of Construction: between $100,000 and $250,000 Project #693-18-108 NAICS: 238210 – Electrical Contractors Size Standard: Small Business $15M

This is a Service Disabled Veteran Owned Small Business (SDVOSB) set-aside acquisition.

All Contractors must submit their bid in whole dollars only.

All documents for this solicitation will be available on the FedBizOpps website http://www.fedbizopps.gov It is the responsibility of the contractor to check this website frequently for updates and amendments to this solicitation.

Interested parties are encouraged to attend the pre-proposal Conference/Site Visit, which will be held IAW FAR 52.236-27 Site Visit (FEB 1995).

The Contractor shall be responsible for the correct title classification of workers and compliance

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

The Government intends to award a single contract to the offeror submitting a proposal that is determined to be the Lowest Bid Price in accordance with FAR 14.

X 52.211-10 X

3:00 PM

04-18-2019 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 Everett Shaver

Table of Contents

STATEMENT OF WORK

PROJECT #693-18-108 REPLACE UPS SYSTEM

Replacement of 80 KVA Uninterruptible Power Supply System Purpose: The main Uninterruptible Power Supply (UPS) unit serving the Main IT Room has been failing and is beyond its useful life thereby necessitating replacement.

Project Location:

Description of Work: The Contractor shall provide all materials, tools, labor, transportation, shipping, supervision, equipment, testing, adjustments and all other work and appurtenances necessary for removing the existing 80kVA UPS System and providing a new 80 kVA UPS System, a new standby power feeder, a new or refurbished air circuit breaker for existing switchboard B and a new 400 Amp Manual Transfer Switch (MTS). Work includes, but is not limited to, the following:

1. Provide a new UPS system standby electrical service circuit breaker: The contractor shall provide a new or refurbished 800 Amp GE AKRU-6D-30 fused low voltage draw out air circuit breaker with 800 Amp sensor and MicroVersaTrip solid state programmer in existing Switchboard B. The circuit breaker shall be equipped with and operate with the following functions: Long Time Pick Up, Long Time Delay, Instantaneous Pick Up, Ground Fault Pick up and Ground Fault Delay. The WBVAMC will provide the contractor with the time-current coordination drawings and settings of the existing electrical equipment. The contractor will provide updated time-current coordination plots (drawings) and settings for the existing and new electrical overcurrent protection devices affected by this work.

2. Provide a new UPS system standby electrical service feeder: The contractor shall provide a new 400 Amp 208/120Volt-3 Phase-4 Wire UPS standby feeder with ground in Intermediate Metal Conduit (IMC) from the 800 Amp draw out air circuit breaker to a new 400 Amp 208/120Volt-3 Phase-4 Wire wall mounted MTS which shall be installed adjacent to the existing 400 Amp Main UPS Distribution Panel. Terminate the UPS standby feeder on one of the two line side inputs of the new MTS. Provide a new 400 Amp-208/120Volt-3 Phase-4 Wire feeder with ground in IMC from the load side of the new MTS to the existing main UPS distribution panel. (Note: The existing feeder from the output of the existing UPS unit being replaced shall be disconnected and removed from the 400Amp Main UPS Distribution Panel in order to terminate the new standby feeder.) All new IMC conduit installations shall be independently supported from the existing building structure.

3. The WBVAMC will de-energize the existing 80 kVA UPS system. Disconnect and remove existing input and output feeders; remove and legally disposal of the existing 80 kVA UPS system. It shall be noted that the valve-regulated lead-acid batteries in the existing UPS are brand new and if they cannot be reused with the new UPS system the contractor shall take possession thereof and may choose to provide a credit to the WBVAMC in their bid proposal. The existing batteries are manufactured by C&D Technologies, Model # UPS12-350MR, and the quantity is thirty-six (36).

4. Provide a new 80 kVA UPS system including new main input feeders from the existing 300 Amp circuit breaker in emergency electrical distribution Switchboard ‘E’ within the main electrical rooms. Provide new UPS system output feeders to the new MTS. Existing 3-1/2” conduit systems already in place can be reused to the most extent practical based on the input and output configurations of the new 80 kVA UPS system. Provide new conduit components and supports as required to provide a continuous raceway system for all existing and new UPS feeders.

5. Refer to attached Adobe pdf drawing titled “Replacement of 80 kVA UPS System” for location of equipment and required electrical work. The document is scaled at approximately 1/8” = 1’-0” when plotted on 11” x 17” paper and contains additional detailed information regarding the work.

6. UPS Equipment Specifications: The Basis of Design for the new 80 kVA UPS System is an Eaton Model 93PM-L 120-5 scalable online double conversion UPS system. Proposed equals with substantially similar features will be considered. Minimum specifications, performance requirements and integral accessories shall be as follows:

· Nominal Power/Frame: 80 kW/120kW;

· Number of UPS Modules: 4 +1;

· Topology: Online double conversion;

· UPS Type: Modular (Scalable – 20kW redundant modules);

· Efficiency in Energy Saver System: Up to 98.5%;

· Efficiency in Double Conversion Mode: Up to 95%;

· Nominal Input Voltage: 208/120VAC, 60Hz, 3 Phase, 4 Wire + Ground;

· Nominal Output Voltage: 208/120VAC, 60Hz, 3 Phase, 4 Wire + Ground;

· Voltage Input Range: +/- 15% @ 208VAC;

· Output Frequency range: 50/60 Hz;

· Regulation: +/- 1% steady state;

· Power Factor: > .99;

· Allowable Input Current Distortion: ≤ 3.5% THD @ 100% load capacity;

· Maximum Output Voltage Distortion: < 1.6% THD (linear load), 5% THD (nonlinear load)

· Overload Capability: < 110% for 10 minutes, < 125% for 1 minute, < 150% for 10 seconds, >150% for 300 milliseconds;

· Output Voltage Balance: < 2% for 100% max load imbalance (linear load);

· Output Voltage Phase Displacement: < 2.5 deg. For 100% max load imbalance (linear load);

· Load Power Factor Range: Unity with the ability to support 0.8 leading to 0.8 lagging without derating;

· Load Compatibility: 0.8 pF leading, 0.8 pF lagging;

· Operating Temperature: 5 to 40 deg C without derating;

· Relative Humidity: 95%, noncondensing;

· Safety Certification: UL 1778, cULus;

· Static bypass switch for automatic transfer of load in the event of a malfunction with the UPS or when external overload conditions occur;

· Sidecar Integrated Accessory Cabinet: Allows UPS to be removed while maintaining the critical load, and for top cable entry and exit;

· Color touchscreen LCD interface;

· Communications and Connectivity: Built-in device and host USB, Five alarm inputs and dedicated EPO, Alarm relay output, Four communication slots;

· Communications interface: Power Xpert Gateway Mini-slot Cards (provide 2 ea.);

· Integrated Battery Cabinet(s);

· Battery Type: Valve-regulated lead-acid (VLRA) inside integrated battery cabinet;

· Battery Capacity: Discharge time to end voltage: 10 minutes, at 25 degrees C. Batteries shall be capable of delivering 125 percent of full rated output load at initial start-up;

· Provide one (1) spare 20kW UPS power module to WBVAMC.

· UPS manufacturer’s comprehensive one-year onsite support plan. The warranty and service protection plan shall provide onsite 24x7 startup service with a full year of parts and labor, 24x7 onsite coverage and 8-hour response time along with 4 hours of operator training.

General Requirements and Special Conditions:

1. All work shall be completed within 180 days from award of contract.

2. The contractor shall submit shop drawings of all proposed materials and equipment for review and approval within 15 days from award of contract. No work shall begin until all submittals have been reviewed and approved by the WBVAMC. As a minimum the following equipment, materials and documentation shall be submitted for review:

· Low Voltage Draw out Air Circuit Breaker

· Low Voltage Draw out Air Circuit Breaker Overcurrent Protective Device Time-Current Coordination Settings & Plots

· UPS Equipment – Inclusive

· Manual Transfer Switch

· Low voltage electrical power conductors

· Raceways and boxes for all electrical systems

Submittals shall be in accordance with VA master specifications sections 26 05 19, 26 05 33, 26 05 73, 26 23 00 and 26 33 53. The VA Master Specifications can be accessed at the following link:

https://www.cfm.va.gov/til/spec.asp#11

3. Perform factory tests, field tests and acceptance checks in accordance with VA master specifications section 26 33 53 Static Uninterruptible Power Supply.

4. All work shall be performed Monday thru Friday (7:30AM to 5:00PM) excluding Federal Holidays. The WBVAMC may require the contractor to perform power shut downs and tie-ins at existing electrical distribution equipment after hours or on weekends for work at existing energized equipment. All work shall be performed on de-energized equipment and systems only. As a minimum lock out tag out (LOTO) procedures shall be followed in accordance with NFPA 70E and coordinated with the WBVAMC.

5. All work shall at a minimum be in accordance with all applicable Federal, State and Local Codes as well as applicable standards, reference publications and code requirements contained within the VA Master Specifications. When discrepancies in minimum requirements occur the more stringent VA master specifications requirements shall govern.

6. Only new materials and equipment shall be installed in the work except as noted otherwise. All materials and equipment shall be of current manufacturer’s products. No obsolete or discontinued materials and equipment shall be provided.

7. All equipment and materials being removed including batteries not being re-utilized shall become the property of the contractor and shall be legally disposed of off WBVAMC property. No storage areas are available at this facility for materials and equipment being removed.

8. Contractor’s Project Site Superintendent shall have 30 Hour OSHA Construction Safety Course certification and all other construction personnel shall have the 10 Hour OSHA Construction Safety Course certification. Submit training records of all employees for approval prior to the start of work.

9. All contractor personnel shall be required to wear company identification badges with company name and employee name.

10. The existing loading docks at the central receiving warehouse on the ground floor level of Building 1 shall be utilized for all deliveries and removals of materials and equipment. The existing loading dock floor slab is 37” above finished grade. The location of the work is at the main electrical room on the ground floor and is approximately 350 linear feet from the loading dock area. All floor surfaces are relatively even and the route of travel is easily accessible via the minimum 7’-6” wide existing corridors. Floors shall be protected from damage during material and equipment transports. No storage areas are available for materials, tools and equipment. Removal of existing UPS system and delivery of the new UPS system shall be scheduled with the WBVAMC to ensure loading dock availability.

11. Contractor shall provide a full one-year parts and labor base warranty on the entire installation. Warranty date shall be based on the date of final acceptance of the completed work by the WBVAMC.

12. Guarantee Period of Services are not included with this work.

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting bids direct to the Department of Veterans Affairs from www.FBO.GOV

(b) Subcontractors, material firms and others interested in preparing sub-bids may obtain a list of Prime Contractors from www.FBO.GOV via the Interested Vendors Section.

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

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

DESCRIPTION OF WORK:

This project consists of, but not limited to the following; providing all labor, materials, tools, equipment, permits, testing, and reports required for the replacement of an 80 kVA UPS System and installation of new standby feeders and associated electrical distribution equipment at the Wilkes-Barre VA Medical Center, 1111 East End Blvd, Wilkes-Barre, PA 18711. The Contractor agrees to be responsible for the correct classification of workers.

Magnitude of Construction: $100,000 to $250,000

CONTRACTOR RESPONSIBILITY:

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

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

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

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 OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above may result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility may make the bidder/offeror ineligible for award.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors. “ Contractor shall be required to complete all contract work and schedule a final inspection within the specified contract performance period. Should the Contractor fail to complete the contract work (including scheduling of the final inspection), and it is determined by the Government to be a Contractor-caused delay, the Contractor shall be in default status. If the Government determines it to be in the best interest of the Government to allow the Contractor to continue to perform contract work, the Contractor shall provide equitable consideration in the form of Liquidated Damages from the first day of inexcusable delay through final acceptance by the Government. These damages are associated with the additional time granted for completion and acceptance of contract work. Such agreement shall not be deemed a waiver of the Government’s right to terminate this contract in the event the Contractor fails to complete the contract work (including scheduling of the final inspection) on or before the completion date.

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, Wilkes-Barre, 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 Veteran 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 by this agreement or its attached documents 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 breeches of the privacy and confidential should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

KEYS: All keys provided 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 shall be a charge for each key that is lost or not returned to the COR.

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-work day –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 work days. 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.

(End of Clause)

A.3 52.216-1 TYPE OF CONTRACT (APR 1984)

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

A.4 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) A.5 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

1.2 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

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

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

(End of Provision)

1.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Everett Shaver everett.shaver@va.gov Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC 1111 East End Blvd Wilkes-Barre PA 18711 Mailing Address:

Department of Veterans Affairs Network Contracting Office 4 Wilkes-Barre VAMC 1111 East End Blvd Wilkes-Barre PA 18711

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

(End of Provision)

1.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for— April 3, 2019 2:00 PM Local

(c) Participants will meet at— Wilkes-Barre VAMC Bldg 1, Main Entrance Information Desk (End of Provision)

1.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

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

(End of Clause)

1.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

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

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

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

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

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

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the 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 $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 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,…