36C24419R0086-001.docx

36C24419R0086

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 t ime. 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 accepta nce after the date offers are due will not be considered and will be rejected.

36C24419R0086 X 05-30-2019 642-19-3-526-0059 642-16-105 00244 Department of Veterans Affairs Network Contracting Office 4 Corporal Michael J. Crescenz VA Medical Center, 3900 Woodland Avenue Philadelphia PA 19104 Department of Veterans Affairs Network Contracting Office 4 Corporal Michael J. Crescenz VA Medical Center, 3900 Woodland Avenue Philadelphia PA 19104 Maureen Jackson 215-823-5800 ext. 9165 The scope of work consists of providing all labor, materials, and equipment to perform the tasks outlined in the Statement of Work for Install Security Fencing at Parking Garage Building 28. Contractor shall completely prepare site for building operations, including demolition and removal of existing structural required to construct new fenccing.

All work shall be performed in strict accordance with the specifications, draw ings and the contract at the Corporal Michael J. Crescenz, VA Medical Center, Philadelphia PA.

The contractor shall abide by all federal, state, and local code/regulations/standards.

Magnitude of Construction: Between $500,000 and $1,000,000.

NAICS: 236220 - Commercial and Institutional Building Construction Project: Install Security Fencing at Building 28 NAICS: 236220 - Commercial and Institutional Building Construction Size Standards: $36.5 Million This procurement is a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set-aside acquisition.

Award will be made to the responsive, responsible bidder, whose bid, in conformance with the solicitation, results in the Lowest Price Technically Acceptable.

This solicitation will result in a firm-fixed price contract. Only one award will be made.

All documents for this solicitation will be available on the FedBizOpps website http://www.fedbizopps.gov.

Contractors must be registered and certified in VETBIZOPS to be eligible for award, SEE http:/www.vip.vetbiz.gov/ Contractor must be registered in SAM to be eligible for award, SEE https://www.sam.gov/.

Contractor must be registered in the VETS-4212 Database, SEE https://www.dol.gov/vets/vets4212.htm.

Interested parties are encouraged to attend the pre-bid 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 wrokers and compli ance with all applible wage and hour laws.

Solicitation may be canceled and all offers rejected beforeaward but after solicitation closing date w hen it is clearly in the best interest of the Government.

52.211-10 X 06-28-2019 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 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429

Table of Contents

A.3 STATEMENT OF WORK

Project # 642-16-105 Install Security Fencing at Parking Garage Building 28

1. Contractor shall supply all necessary tools, labor, equipment, materials, and supervision required to remove existing security fencing and install new security fencing on each floor of the parking garage (Building 28) as well as the pedestrian bridge. The new security fencing installed shall meet all the requirements stated on the drawings and in the specifications.

(a) Demolition shall include the removal and disposal of all material pertaining to the existing security fencing as indicated on the plans and in accordance with the specifications provided.

(b) New installation shall include all new security fencing as indicated on the plans and in accordance with the specifications provided.

2. In the event of any discrepancies between the drawings and specifications, specifications shall take precedence over the drawings.

3. Normal work hours are between 7:00 a.m. – 4:00 p.m. Monday through Friday. Coordinate work schedule with COR. Weekend and night work may be arranged through the COR and Project Section Supervisor. Advanced notice must be given at least 3-5 days in advance to allow for access. Utility shutdowns are to be coordinated with the COR at least 2 weeks (10 business days) in advanced to allow the VA to prepare staffing for the event and properly notify the facility of the shutdown.

4. Contractor will be working in the parking garage and will be required to conform to the Pre-Construction Risk Assessment (PCRA) and requirements in the Construction Safety Standards. Contractor shall be responsible for site security and properly installing and maintaining exterior construction fencing. Contractor shall provide their own locks to secure construction site fencing. The VA will provide the contractor with a government lock that will be daisy-chained to their site lock in case of an emergency where the police need to enter the site.

5. Contractor will be working in a sensitive area of the VA medical center, which requires all workers to have proper identification while working on the VA’s premises. The COR shall determine which type of badging the contractor and their workers are required to get before working on site. Contractors are allowed to use PIV cards from other government facilities, but those PIV card need to be up-to-date. Expired PIV card will not be accepted.

6. All work shall be accomplished in accordance with federal, state, local, and VA guidelines, codes, and regulations.

7. Any damage to existing walls, ceilings, surfaces, equipment, utility lines, etc. shall be repaired to match existing conditions at no cost to the VA. Contractor shall be responsible to make these repairs at their own expense. Contractor shall also be responsible for protecting all vehicles parked around each site during construction.

8. After completion of work the contractor shall return all equipment and systems to operating condition with verification from the COR.

9. Contractor is responsible for the disposal of all waste and excess materials. Contractor shall not utilize VA waste containers to dispose of their waste and materials.

10. Contractor is responsible for clean-up of the work site and to remove and dispose of all trash and debris from site.

END STATEMENT OF WORK

A.4 EVALUATION CRITERIA

Construction Evaluation Criteria 642-16-105 Install Security Fencing at Parking Garage Building 28

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

A Source Selection Evaluation Board (SSEB) comprised of representatives of the Department of Veterans Affairs will evaluate the proposals. SSEB may also include Architect and Engineering firm non-voting members. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence in that technical and past performance proposals are reviewed and rated without knowledge of the price offered. During deliberation, the number and identities of offerors are not revealed to anyone who is not involved in the evaluation and award process or to other offerors. Proposals will be evaluated based on the factors described herein, and award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price and other factors considered.

The evaluation process essentially consists of four parts: Technical Approach, Past Performance, Construction Management, and Price Evaluation.

NOTE: Price/Technical Trade-off Analysis: After all above evaluations are complete, the SSA will compare the relative advantages and disadvantages of technical proposals and weigh against the prices. Statement of Work (SOW) identifies project scope. The SSA will then consider all factors to select the proposal offering the best value to the Government.

Evaluation Factors

Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Approach, Past Performance, and Construction Management are equal and when combined are significantly more important than Price. The evaluation factors are listed below will be evaluated as Excellent, Good, Satisfactory, Marginal and Unsatisfactory:

Evaluation Guidance: Technical Approach, Past Performance, and Construction Management are equal and when combined are significantly more important than Price. Provide a clear and concise narrative not to exceed 30 pages (front and back side use of a single page will count as 2 pages). Company advertising literature shall not be included.

Evaluation Factor 1 – Technical Approach – provide construction approach; roles and responsibilities of key personnel and the proposed staff; quality control policies and standards; scheduling methodology; and considerations for fast tracking.

Evaluation Factor 2 – Past Performance – Submit at least three but no more than five projects similar in size and scope.

Evaluation Factor 3 – Construction Management

Evaluation Factor 4 – Price (separate package)

As demonstrated in their proposals, Offerors shall be evaluated in terms of the Offeror’s ability to meet or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions, if deemed to be in the best interest of the Government.

Volume I - Technical Proposal (Three-Ring Binder)

Section 1: Technical Approach

Section 2: Past Performance

Section 3: Construction Management

Volume II - Price Proposal

Section 4: Standard Form 1442, Proposal Pricing Page, and any additional submissions such as Certs, Reps, and Bonding.

Evaluation Factor 1: Technical Approach The Evaluation Factor shall address the following three (3) sub-factors. Each sub-factor will be given an individual rating by each reviewer. An overall sub-factor rating will be assigned for sub-factors one (1) through three (3) based all reviewers’ ratings. The Government will evaluate the offeror’s answers to Exhibit D Technical Proposal Data.

a. Offerors shall provide a written narrative approach proposed to accomplish the statement of work. Discussion of the technical approach shall contain explanations of proposed approaches to performing and accomplishing the work.

b. Include as part of the narrative a statement of any problems anticipated in accomplishing the work and an evaluation of the various methods considered for resolving the problems/difficulties

c. Include a proposed project plan which outlines the work to be accomplished to include a start/completion/phasing schedule.

Evaluation Factor 2: Past Performance Offerors shall describe a minimum of three (3) and a maximum of five (5) completed Construction projects within the past 5 years. The projects listed under this factor shall be similar in scope and complexity as the subject project Install Security Fencing at Parking Garage Building 28. Information listed under this factor must be completed projects. Projects listed under this factor that are not completed will seriously affect the rating of the offer. The following format must be followed in providing Past Performance information:

a. Government Agency/Company which awarded contract to offeror

b. Contract Number

c. Complete Description of Contract Scope

d. Total Dollar Value

e. Performance Period

f. Place of Performance

g. Contracting Officer/Procurement Official

i. Name

ii. Email

iii. Phone Number

iv. Address

Evaluation Factor 3: Construction Management

0. Sub-factor: Coordination of Contract Work Provide and describe where your company engaged in special coordination (involving multiple trades) of installation timeliness, so as not to interrupt services or operations of facilities, including required overnight or evening installation. Information listed under this factor must be a completed project with a dollar magnitude greater than or equal to $500,000.00. In addition to the previously stated information for this factor, the following information must be provided:

0. Government Agency/Company which awarded contract to offeror

0. Contract Number

0. Complete Description of Contract Scope

0. Total Dollar Value

0. Performance Period

0. Place of Performance

0. Contracting Officer/Procurement Official

0. Name

0. Email

0. Phone Number

1. Sub-factor: Experience and Capability Offeror shall be evaluated by the quality and extent of related experience to manage construction projects that are comparable to the work requirements as well as the qualifications of the proposed construction team and their duties to determine if the offeror has the ability to manage multi-discipline projects within the areas of consideration chosen without significant difficulty. The specific criteria proposed (skill levels and background) for personnel, if adequate, is an indicator of an acceptable organization. This sub-factor focuses on organization, specific personnel, and scheduling.

Offerors shall include the extent of anticipated subcontracting together with a list of work to be subcontracted. The proposed subcontractors, applicable for multi-discipline consideration, are verifiable, and information provided indicates a good professional relationship with designing, manufacturing, and installing security fencing. Subcontractors shall have completed Exhibit B – Subcontractor Information and Consent Form.

The Government will evaluate the offeror’s answers to Exhibit D Technical Proposal Data questions and attachments concerning scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to the end of the project.

Also note any improvements exceeding the RFP requirements or betterments provided, including an explanation of proposed systems, as outlined in the SOW.

1. Sub-factor: Quality Control & Risk Assessment Offeror must submit a written plan which demonstrates the ability to:

0. Complete the project and all requirements within the contract terms and conditions.

0. Demonstrates techniques for maintain quality control for workmanship, material, and work progress.

0. Demonstrates in detail office procedures that ensure all contractual requirements will be completed on time and all written documents and records (e.g., payrolls, daily logs, submittals, insurance certificates, payments, change orders, supplemental agreements, correspondence, etc.) are easily accessible.

0. Demonstrates techniques for work coordination with Subcontractors. Describe what is in place to monitor performance of Subcontractors and guarantee performance. Describe how contract requirements flow down to the lowest level of Subcontractor.

0. Demonstrates in detail a written Risk Assessment on this project to include an understanding of the site conditions and plans to deal with varying elements and factors affecting the work (e.g., weather, local obstacles, public access and other conditions, inflation, cost of fuel, length of contract performance as it relates to offering a firm-fixed-price without the ability to make inflationary adjustments). The Risk Assessment shall include what contingencies are being anticipated and what plans are proposed to address them.

1. Sub-factor: Safety Procedures Offeror must submit a complete Safety & Infection Control Plan which describes the following:

1. Methods to be used to ensure that an OSHA certified (30-hour) Competent Person will maintain a presence at the work site whenever work is being done.

1. Methods to be used to ensure all Project Managers, Superintendents, and Foremen shall have received the required 30-hour OSHA training and all other workers shall have received the required minimum 10-hour OSHA training.

1. Measures to be taken to protect VA Patients, Personnel, Visitors, and the General Public under this contract. The new VHA construction safety specification to be included in to the design for construction related activities.

1. Measures to be taken to provide security to the construction area to protect from theft and vandalism, and unauthorized entry.

1. The continuing education program(s) for personnel assigned to perform services under this contract.

1. The current insurance Experience Modification Rate and discuss their experience with on-the-job injuries during the last two calendar years.

1. Knowledge of and experience with the American Society of Healthcare Engineer’s (ASHE) Healthcare Contractor Certification Program.

1. Familiarity with Healthcare Construction, along with applicable JCAHO standards, AIA guidelines, ASHRAE guidelines, EPA IAQ guidelines, and CDC guidelines.

Evaluation Factor 4: Price Provide detailed price breakdown by division. Standard Form 1442, proposal pricing page, and any additional submissions such as Certs, Reps, and Bonding.

All proposals shall be submitted to:

Maureen Jackson Contract Specialist

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 4 Corporal Michael J. Crescenz VA Medical Center, 3900 Woodland Avenue Philadelphia, PA 19104

Mailing Address:

Department of Veterans Affairs Network Contracting Office 4 Corporal Michael J. Crescenz VA Medical Center, 3900 Woodland Avenue Philadelphia, PA 19104

Page 1 of

A.5 CALCULATION WORKSHEET FOR SELF-PERFORMED

CALCULATION WORKSHEET FOR SELF-PERFORMED AND SUBCONTRACTED WORK (This only needs to be completed by the offeror that is awarded this contract)

CALCULATION OF SELF-PERFORMED/SUBCONTRACTED WORK

Offerors for General Construction (NAICS code 236220) must provide at least 15 percent (25% for specialty trade NAICS codes) of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. Provide a breakdown of material and personnel costs, by specification division listed for the project. Home Office overhead, profit/fee and bond costs shall be added after a subtotal of personnel and material/Equipment costs has been calculated. Clearly identify the personnel costs you will be performing, and the personnel costs of other eligible service disabled veteran-owned small business concerns. Below is a suggested format.

Specification Division SDVOB Vendor (Y or N)

Division 01

Division 02

Division 03

(Add additional lines as necessary for each Division applicable to this project)

Sub Total (Personnel Costs, Material/Equipment Costs)

Calculation of self-performed personnel costs:

1. Total personnel costs * both prime and all subcontractors: $

1. Subtract all subcontractor personnel costs* that are not SDVOSB companies that will perform work on this contract: $_______________

1. Remainder is ‘Total amount of work to be self-performed under the $ _______________ Contract’:

Self-performed work = Line 3/Line 1 x 100 = % *personnel costs include labors, mechanics, other tradesmen, and office personnel directly charged to the project (includes project manager, job superintendent, administrative, estimators, etc.)

I certify the above representations are true and correct to the best of my knowledge.

(Signature and Typed Name of Authorized Representative) Date

(Title of Authorized Representative)

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(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 demolition and removal of existing structures, to perform work for Install Security Fencing at Parking Garage at Building 28 at the Corporal Michael J. Crescenz, VA Medical Center, 3900 Woodland Avenue, Philadelphia, PA 19104. The Contractor agrees to be responsible for the correct classification of workers.

MAGNITUDE OF CONSTRUCTION: $500,000 to $1,000,000.

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, Philadelphia, 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 Monday-Friday 7:30am-4:00pm, 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)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.6 52.233-2 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:

Maureen Jackson Contract Specialist

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 4 Building 5, 3900 Woodland Avenue Philadelphia PA 19104

Mailing Address:

Department of Veterans Affairs Network Contracting Office 4 Building 5, 3900 Woodland Avenue Philadelphia PA 19104

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

(End of Provision)

2.7 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— Wednesday, June 12, 2019 at 1130 AM Local Time

(c) Participants will meet at— Building 5, 3900 Woodland Avenue, Philadelphia PA 19104 (End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Provision)

2.9 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…