36C24518B0027-002.docx

36C24518B0027

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.

36C24518B0027 X 12-07-2017 613-15-128 Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405 Department of Veterans Affairs

VAMC 613

VISN 5 Contract Satellite Office 510 Butler Ave, Bldg 306A Martinsburg WV 25405

LAURA TAWZER

304-263-0811 X3170 Bid Item No.

1 (Base Bid): Furnish all labor, tools, materials, equipment and supervision to renovate Building 305A and 305B.

All work will be located at the VA Medical Center, 510 Butler Avenue, Martinsburg, WV 25405 and will be performed in accordance with drawings and specifications. Work includes general construction, alterations, roads, walks, grading, drainage , mechanical and electrical work, laboratory equipment, utility systems, elevators and dumbwaiters, water storage facilities, necessary remo val of existing structures and construction and certain other items.

CONSTRUCTION COMPLETION TIME: 550 calendar days.

Bid Item No. 2 (BID ALTERNATE NO. 1): Furnish all labor tools, materials, equipment, and supervision in Bid Item No. 1, less labor, tools, materials, equipment and supervision for the Non-Potable Water Service Entrance as indicated on Sheet

PL-1.

CONSTRUCTION COMPLETION TIME: 550 calendar days

NAICS: 236220 SIZE STANDARD: $36.5 MILLION

COST RANGE: BETWEEN $1 MILLION TO $5 MILLION

A single award will be made on Item No. 1. In the event the offer exceeds the funds available, a single award will be made on Bid Item No. 2, in that order, based on available funding. Offerors should quote a price on each item listed

Award will be made to the responsive/responsible bidder whose bid, conforming to the invitation, will be most advantageous to the Government, considering only bid price. Award shall not be made until all required approvals have been obtained and the award otherwise conforms t o FAR 14.103-2.

Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation . Public Law (P.L. 105-339), Section 1354 p rovides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the preceeding fiscal year under Title 38 Section 4212(d). Offerors are strongly encouraged to complete this to possibly avoid delays @ https:

//www.dol.gov/vets/vets4212

This is a 100% Service Disabled Veteran Owned Small Business Set-Aside. Contractor must be verified in VetBiz to be eligible for award.

PRE-PROPOSAL SITE VISIT IS SCHEDULED FOR THURSDAY, DECEMBER 13, 2017 @ 10AM LOCAL TIME AT THE VAMC MARTINSBURG, 510

BUTLER AVE, MARTINSBURG, WV 25405, 308B CONFERENCE ROOM.

SITE VISIT IS

MANDATORY. ALL RFI'S SHALL BE SUBMITTED IN

WRITING NLT THURSDAY, DECEMBER 29, 2017 @ 1PM LOCAL TIME.

AWARD IS SUBJECT TO AVAILABILITY OF FUNDS IAW 52.232-18 AVAILABILITY OF FUNDS

X X 52.211-10 X 1:00 pm 01-31-2018 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.)

(Contra ctor 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

BID ITEM NO. 1

(BASE BID): $________________________________

BID ITEM NO.

2, DEDUCT ALTERNATE 1: $_______________________

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 308B Martinsburg WV 25405 Department of Veterans Affairs

VAFSC

Attn: East Team Po Box 149971 Austin TX 78714 X

LAURA TAWZER

CONTRACTING OFFICER

TABLE OF CONTENTS

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Bidding materials may be obtained at https://www.fbo.gov. Contractors are responsible for downloading required documents.

Subcontractors, material firms, and others interested in preparing subbids may view the interested parties list at https://www.fbo.gov to obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors and others, who have received bidding materials.

A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. 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.

If the contract will exceed $100,000.00 (see Far 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and 25A may be obtained upon application to the issuing office.

VERIFICATION OF STATUS OF APPARENTLY SUCCESSFUL OFFEROR: In accordance with VAAR 804.1102 VENDOR INFORMATION PAGES (VIP) DATABASE, prior to January 1, 2012, all VOSBs and SDVOSBs must be listed in the VIP database, available at http://www.VetBiz.gov, and also must be registered in the Central Contractor Registration (CCR) (see 48 CFR subpart 4.11) to submit offers and receive contract awards under VA’s Veteran-owned Small Business prime contracting and subcontracting opportunities program set forth in Part 819. After December 31, 2011, all VOSBs, including SDVOSBs, must be listed as verified in the VIP database, and also must be registered in the CCR to be eligible to participate in order to receive new contract awards under this program. SDVOSB Firms that submit bids/offers on SDVOSB/VOSB set-asides that are not listed on VIP will be deemed nonresponsive (IFB) or technically unacceptable (RFP/RFQ).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.

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 or submit this information will 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 will 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.

DESCRIPTION OF WORK:

BID ITEM NO. 1, BASE BID: Furnish all labor, tools, materials, equipment, and supervision to renovate Building 305A and 305B for Fiscal Services including Payroll. All work will be located at the VA Medical Center, 510 Butler Avenue, Martinsburg, WV 25405 and will be performed in accordance with drawings and specifications. Work includes, but is not limited to, general construction, alterations, interior and exterior demolition, asbestos abatement, gypsum board, metal stud walls, finishes, painting, HVAC, plumbing and, electrical work, data and telecommunications systems, porch replacement, concrete sidewalks and structural repairs for complete renovation of approximately 4,790 square feet for new office space and certain other items.

CONSTRUCTION COMPLETION TIME (Base Bid): 550 calendar days.

BID ITEM 2, DEDUCT ALTERNATE NO. 1: Furnish all labor, tools, materials, equipment, and supervision in Bid Item No. 1, less labor, tools, materials, equipment and supervision for the Non-Potable Water Service Entrance as indicated on Sheet PL-1.

CONSTRUCTION COMPLETION TIME: 550 calendar days.

Cost Range: $1,000,000.00 to $5,000,000.00 SIZE DETERMINATION: For the purpose of this procurement for construction, a concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $36.5 million. The NAICS code is 236220.

PARTIAL PAYMENTS will be made monthly as the work progresses.

MINIMUM RATES OF WAGES, required by the Davis Bacon Act (40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications.

Normal work hours are Monday through Friday, 8:00 a.m.- 4:30 p.m. local time excluding weekends and National holidays (New Year’s Day, Martin Luther King Day, Presidents’ Day Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day and any other day specifically declared by the President of the United States).

GENDER: Whenever the masculine gender is used in the solicitation and contract documents it shall be considered to include both masculine and feminine.

DOCUMENTS REQUIRED WITH BID PACKAGE:

Completed 1442 – pages 1 & 2 Offer Guarantee/Bid Bond Representations and Certifications Price Proposal

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

PRE-CONSTRUCTION CONFERENCE: Upon receipt of the acceptance letter and prior to attending the pre-construction conference, the successful contractor shall have completed steps #1 and #2 of the attached Security Requirements document (attachment #1). This process includes completion and submission of Security Requirements Form #1 to the VHA Service Center Personnel Security Office. Each contract employee is required to undergo a background investigation which equates to being fingerprinted. Contract employees shall complete Security Requirements Form #2 (VHA Special Agreement Checks Memorandum) and follow instructions outlined in step #2 of the attached Security Requirements document to complete fingerprinting process.

Upon successful completion of fingerprinting, all contract employees will be required to obtain a non-Personal Identity Verification (non-PIV) badge (see step #3 VHA PIV Sponsorship Form). Contractor staff working on site will be required to wear the badges at all times while on site. Contractor will be required to immediately notify the Contracting Officer of any changes in staff performing work on site. Upon completion of the contract all identification badges must be returned to the Contracting Officer before final payment can be made.

METRIC PRODUCTS: If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer Representative (COR), will accept or reject the product.

SECURITY REQUIREMENTS: Special Agreement Checks (SAC) and issuance of Non-Personnel Identification Verification (Non- PIV) security badges for Contractor and Subcontractor Employees performing work under solicitation VA245-17-B-0125

All contractor employees who have access to VA sensitive information are subject to the same level of investigation as VA employees. Through the use of Appendix A of VA Handbook 6500.6, it has been determined that performance of this Construction requirement does not require any access to the VA Information Technology network; therefore; the inclusion of VAAR Security Clause 852.273-75 is not required.

The level of background investigation commensurate with the level of access needed to perform the statement of work for this Construction requirement is a Special Agreement Check (SAC) investigation, which equates to fingerprinting. This level of investigation requires all contractor and subcontractor employees performing work under this requirement to be fingerprinted and to be issued a non-PIV security badge.

The process for completing the SAC investigation and obtaining a non-PIV security badge is outlined in the following guidance:

The Contractor is responsible for bearing the expense of all employee background investigations initiated, regardless of the final adjudication determination. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM); however, the General/Prime Contractor is responsible for reimbursing the VA. The following are estimated costs for each of the potential risk level background investigations.

Where this guidance refers to “contractor employees” it is inclusive of all “subcontractor employees” performing under this contract as well.

CONTRACTOR: Upon receipt of Notice of Award, Contractor shall comply with the following processes in order to be in compliance with contract security requirements.

SPECIAL AGREEMENT CHECKS (SAC) AND NON-PERSONAL IDENTITY VERIFICATION – PIV (Security Badge) INSTRUCTIONS

1. Contractor POC will complete the Contract Security Services Request Form (Form #1) in its entirety, listing all employees that will be performing work under the construction requirement portion of this Construction project. Once completed, this form shall be submitted to the VHA Service Center (VSC) Personnel Security Office via password protected or encrypted email to VSCSecurity@va.gov or faxed to (216)447-8020.

NOTE: Due to the personal information contained in the Contract Security Services Request form, the form must be sent in a secure manner. Please DO NOT email a document containing social security numbers unless the email is encrypted.

Process that occurs after VSC receives Form #1 for processing: Within five business days of receiving the Contract Security Services Request, the VSC Personnel Security Office will enter a background investigation request into the VA Security Investigation Center (SIC) Contractor Request Database (CRD) for each contractor employee. When the request is entered, an automated “initial” e-mail is sent to the contractor point of contact listed on the Contract Security Services Request. The automated e-mail identifies the background investigation level requested (SAC) and provides a website link with further instructions.

If a contractor employee has a background investigation from another federal agency, it may be reciprocated as long as the background investigation meets the appropriate level designated in the current statement of work and has occurred within the last five years with a favorable adjudication and no break in service. Please be aware that any public trust case that is older than two years and does not have a favorable adjudication cannot be reciprocated unless it was a no issue case.

VSC Personnel Security Office staff will coordinate with the VA Security and Investigations Center (SIC) staff to verify reciprocity. If the contractor employee receives the automated email from the VA SIC CRD and believes he/she may be eligible for reciprocity, please contact the VA SIC using the contact information in the e-mail received. Reciprocity is NOT automatic. If a background investigation can be reciprocated, the VA SIC will send an email notification to the contractor.

Note: If contract personnel need to be added to perform work under this contract after the original Contract Security Services Request (Form #1) has been submitted, Contractor must update and submit another Contract Security Services Request (Form #1) to the VSC Personnel Security Office so that a background investigation can be initiated on each contract personnel added. When completing Form #1 for the additional contract employee, indicate next to the purchase order number field on Form #1 that this is an ADDITION.

The additional contract employee cannot start work until all security requirements outlined in this guidance are completed.

1. All contractor employees are required to be fingerprinted as part of the Special Agreement Check (SAC) requirement. Within five business days of Contractor receiving Notice of Award, each contract employee listed on Form #1 must take the Contractor/Employee Fingerprinting Request Form (Form #2) and two forms of ID to their nearest VA facility to have their fingerprints submitted and the bottom portion of Form #2 completed by a fingerprinting official. Appointments for fingerprints should be made through the Contracting Officer Technical Representative or the local VA facility. Completed SAC forms shall be faxed or mailed directly to the VSC Personnel Security Office the same day the contractor employee is fingerprinted. Forms can be faxed or mailed directly to:

Personnel Security Office VHA Service Center (VSC) 6100 Oak Tree Blvd #500 Independence, Ohio 44131 Fax: (216) 447-8025 VSCSecurity@va.gov

Contractor shall inform the Contracting Officer Technical Representative (COTR)/Contracting Officer when fingerprinting has been completed for each contract employee.

1. Each individual working on the contract or the contractor POC shall complete the VHA Service Center PIV Sponsorship Worksheet (Form #3) for each employee, in its entirety, and return to VSC Security Office as soon as possible, either via fax, encrypted email or password protected documents. Upon receipt of this form and final results of fingerprinting confirmation, the VHA Security Service Center will send an email notification to the Contractors point of contact and the Contracting Officer authoring contract employees to proceed with obtaining their required non-PIV security badge.

NOTE: No Notice to Proceed will be issued until the fingerprinting requirement (SAC) has been met and the VHA Service Center PIV Sponsorship Worksheet (Form #3) has been forwarded and processed through the VSC Personnel Security Office.

Security badges can and should be obtained at any VA Facility. Contact your Contracting Officer for a listing of all of the VA facility locations for fingerprinting and issuance of security badges. The same badge will be valid at all VA facilities throughout the contract period.

IMPORTANT points for Contract Employees to follow for obtaining non-PIV badges:

2. Contract employees shall inform the COTR when badges have been received.

Your security badge must be displayed in accordance with the local VA directives (must be visible at all times while working at any VA facility).

In the event of a lost badge, contract employees must immediately contact their supervisor who in turn shall contact the COTR. They must also contact the VHA Service Center (VSC), Personnel Security Service, and the local PIV office to report the loss.

1. These security badges are the Property of the United States Government; Contractor is REQUIRED to turn in all security badges at the last campus where work has been performed. After completion of the project, Contractor shall complete the Contract Security Verification Request Supplemental Form (Form #1B) to verify that all badges have been collected and turned in to be destroyed. Any failure to collect, record and return security badges at the end of the contract performance period could result in a Poor Contractor Performance Rating in the Contractor Performance Assessment Rating System (CPARS).

The following information describes the criteria for Applicants (employee, contractor, or affiliate) who will receive a PIV card, a Non-PIV card, or a Flash Badge. The criteria are based on the card Applicant's access requirements for physical and/or logical VA resources, as determined by the Applicant's job duties and/or employment duration. Specific background investigation and access requirements are identified for each of the types of ID cards.

PIV Card Access Requirements: Unsupervised, full-time, logical and/or physical access for more than 6 months OR more than 180 aggregate days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: Two IDs compliant with PIV Guidelines Background Investigation Requirements: Favorable SAC completion and NACI initiation

Non-PIV Card Access Requirement: Unsupervised, logical and/or physical access for less than 6 months OR less than 180 aggregate days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: Two IDs compliant with PIV Guidelines Background Investigation Requirements: Favorable SAC completion

Flash Badge Access Requirement: Common physical access ONLY for less than 6 months OR less than 180 aggregated days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: One ID compliant with PIV Guidelines Background Investigation Requirements: None

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 52.225-10 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)

2.4 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:

Hand-Carried Address:

Department of Veterans Affairs

VAMC (613)

Chief, Contracting (90C) 510 Butler Ave, Building 308B Martinsburg WV 25405 Mailing Address:

Department of Veterans Affairs

VAMC (613)

Chief, Contracting (90C)

Martinsburg WV 25405

(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)

2.5 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— December 13, 2017 @ 10am

(c) Participants will meet at— Bldg 306B (End of Provision)

2.6 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)

2.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)

The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the and as to . The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(End of Provision)

2.8 VAAR 852.214-70 CAUTION TO BIDDERS--BID ENVELOPES (JAN 2008)

It is the responsibility of each bidder to take all necessary precautions, including the use of proper mailing cover, to insure that the bid price cannot be ascertained by anyone prior to bid opening. If a bid envelope is furnished with this invitation, the bidder is requested to use this envelope in submitting the bid. The bidder may, however, use any suitable envelope, identified by the invitation number and bid opening time and date. If an Optional Form (OF) 17, Sealed Bid Label, is furnished with this invitation in lieu of a bid envelope, the bidder is advised to complete and affix the OF 17 to the lower left corner of the envelope used in submitting the bid.

(End of Provision)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

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

(1) Include the name, address, fax number, 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)

2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.

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

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

2.11 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 (JAN 2017)

(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) 52.203-18, 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) 52.222-57, 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)(xvi): 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.

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

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

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

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

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

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

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

(xxiv) 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.

(xxv) 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)

3.2 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…