36C24519B0002.docx

36C24519B0002

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

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

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

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

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

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

9. FOR INFORMATION

CALL:

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

SEALED BID (IFB)

NEGOTIATED (RFP)

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

YES

NO

a.

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

b.

An offer guarantee is, is not required.

c.

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

d.

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

36C24519B0002 X 01-02-2019

NA

36C245 Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

Rebecca Besten 304 623 3461 Contractor shall provide all labor, materials, equipment and supervision necessary for the completion of Project Number 540-19-104 "Eye Clinic HVAC Replacment" at the VA Medical Center Clarksburg, WV in accordance with the solicitation documents. This project will include installation of a new HVAC Unit and demolition and removal of all old equipment. Prior to commencing work, general contractor shall provide proof that an OSHA Certified "Competent Person" CP (29CFR 1926.20(b) (2) will maintain a presence at the work site whenever the general or subcontractors are present.

Project Name: Eye Clinic HVAC Replacement Project Number: 540-19-104

The solicitation and any amendments are available electronically on FedBizOpps Website (http:/www.fedbizopps.gov).

Bidders are cautioned that it is their responsibility to access the website for any amendments that may be issued under this solicitation. Pricing shall be submitted utilizing the bid schedule on page 5 of the solicitation.

All requests for information about this solicitation must be in writing and received prior to 4:00 p.m.

January 16, 2019 to allow for amendment issuance prior tobid due date. Requests for information should be submitted via email to Rebecca.Besten@va.gov and include return contact information including email and telephone number.

IAW VAAR 836.204 the magnitude for construction for this project is between $250,000 and $500,000.

It is strongly recommended that bidders send a representative to attend the pre-bid site visit on Tuesday January 8, 2019 at 10:00 a.m. at the Medical Center, Engineering Building 7 Conference Room, Clarksburg, WV.

Individual site visits will not be conducted.

This is a 100% Service Disabled Veteran Owned Small Business Set-Aside pursuant to 38 USC 8127 (d) and PL 109-461.

The SDVOSB status must be verified prior to submitting a bid in accordance with VAAR 819.7003.

Contractors are reminded that they are responsible for obtaining required State and Local Licenses as well as the payment of local Business and Occupation (B&O) Taxes.

A public bid opening will be held at 3:00 p.m. Th ursday January 31, 2019 in the Contracting Offices at 513 Rosebud Plaza, Clarksburg, WV 26301.

X 52.211-10 X one 3:00 p.m.

01-31-2019 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

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 Rebecca Besten

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

PROVIDE AND INSTALL DX AND AIR HANDLING UNIT

Page 1 of

ATTACHMENT

STATEMENT OF WORK

36C24519B0002 Page 1 of Page 1 of

STATEMENT OF WORK

Project Name: HVAC Upgrade (Physical Therapy/ Eye Clinic)

Objective:

The VA’s intention is to acquire a new condensing and air handling unit to be supplied and installed, IAW The VA’s HVAC Design Guide, by contractor to correct the deficiencies in the Physical Therapy and Eye Clinics HVAC system at the Louis A. Johnson VAMC located in Clarksburg WV. Also, the contractor will Demo and dispose of the existing equipment.

Part 1: Project Scope of Work Overview:

Contractor shall provide fully functional connection of the building plumbing including all tools, materials, components, labor and supervision for construction to Install one (1) Trane or equivalent 40-ton Direct Expansion Condensing unit and a 12000 CFM air handling unit.

(1) Install Trane or equivalent 40-ton DX unit and one (1) 12000 cfm AHU

a. Contractor shall provide receipt of all recovered refrigerant to the COR

(4) Supply 480V power with properly sized amp circuit to the condensing unit, and the AHU. To include conduit, wire and termination from Emergency panel to unit.

1. The AHU shall meet the calibration requirements established by AABC National Standards or by NEBB Procedural Standards for Testing, Adjusting and Balancing of the AHU System and manufacturer’s instrument.

2. Prior to request for Final Inspection, submit completed Test and Balance report for the AHU.

3. All work will be provided with (1) year parts and labor guarantee from date of acceptance by the VA.

Part 2: Submittal Requirements:

1. Contractor shall provide submittals as indicated in the “Schedule of Contractor’s Submittals” listed at the end of this section.

2. Contractor shall furnish to the Contracting Officer, for his/her approval, two (2) prints of all shop drawings, product data, Copies of certifications (CFC & Welding), a cost loaded schedule in MS Project format, Materials Safety Data Sheets (MSDS), and catalogue cuts, of all equipment furnished under this contract, before purchase, manufacturer or construction. The Contracting Officer will examine these submittals and one copy returned to Contractor for correction, if necessary. COR may require additional submittals for different items not mentioned in this scope of work.

3. Note that MSDS used on this project shall be submitted to the Contracting Officer and COR. Copies of all approved MSD sheets shall be obtained for the Contracting Officer before starting any work requiring submittals as specified. All submittals, except warranties and operating instructions, as noted below, shall be submitted not later than 7 days after receipt of the Notice to Proceed or as specified by the Contracting Officer.

4. The Contracting Officer shall return the submittals approved or disapproved within 5 days after receipt, by VA Form 08-6225. If submittals cannot be made within 7 days after Notice to proceed or as specified by the Contracting Officer, the Contracting Officer shall be advised of the difficulty and an extension of time requested.

5. Warranties and operating instructions are required at the completion of the Contract work. Four copies of all warranties and operating instructions shall be provided unless otherwise specified.

6. Contractor shall submit a copy of all material taken to the landfill or recycled with or before an invoice is sent for approval to the COR.

Schedule of Contractor’s Submittals:

01 35 26 Safety Requirements 23 05 11 Common Work Results for HVAC 23 05 41 Noise and Vibration Control for HVAC Piping and Equipment 23 31 00 HVAC Ducts and Casings 23 37 00 Air Outlets and Inlets

Part 3: Safety:

1. The Contractor shall provide mitigating activities as outlined in the CONSTRUCTION SAFETY PRECAUTIONS and CONSTRUCTION INFECTION CONTROL RISK ASSESSMENT / DUST CONTROL PRECAUTIONS including but not less than the following:

a. Fire extinguishers, pedestal mounted in the area of work

b. Walk off dust mats, inside and outside all entry / exit points to the workspace, changed not less than daily or more as required by the construction or COR.

c. Block off all HVAC return ductwork and louvers so not to introduce dust into the HVAC system.

2. General:

a. Provide a flame-retardant Polyethylene (plastic) construction barrier to isolate the area of work. Provide dust containment tent or portable containment cube, with HEPA filter negative air system when working above ceilings or in ceiling areas.

b. High-Efficiency Particulate Arresting / High-Efficiency Particulate Air Filtration (HEPA) recirculating air equipment inside the workspace

c. Seal the area of work and provide HEPA exhaust equipment to make the area of work negative air pressure with respect to the surrounding area

d. HEPA recirculating air equipment outside the workspace at every entry / exit point

e. No trash, used packaging or construction spoils shall be stored on site. Remove each day using covered gondolas.

f. Broom sweep the work area at the end of each day. Provide HEPA vacuum and wet mop daily where broom sweeping creates undesired dust.

Part 3: Work Zone

a. Clean Area protocol

b. Hazardous Communication awareness

c. Hazardous Materials awareness

d. Clean Shoes at entrance of the building

e. Entrance control for workers and materials shall be assured.

Part 4: Applicable Performance Standards

4. All work shall comply with;

a. All VA Policies including and not limited to: VA Construction Safety and VA Infection Control Policies.

b. Codes, Standards and Executive Orders (Topic 1) found http://www.cfm.va.gov/til/cPro.asp

5. All persons including sub-contractors shall have completed the 30 Hour OSHA Construction Safety Training program.

6. The Prime Contractor shall have a Competent Supervisory Person on site at all times when any worker(s) or sub-Contractors are present.

7. All persons working on any electrical systems rated 50 volts or more shall have the minimum qualification as a State Licensed Master Electrician or Registered Journeyman Electrician, all activities shall follow the safe work practices in compliance with NFPA 70E Electrical Safety in the Workplace.

8. The Contractor shall provide mitigating activities as outlined in the CONSTRUCTION SAFETY PRECAUTIONS and CONSTRUCTION INFECTION CONTROL RISK ASSESSMENT / DUST CONTROL PRECAUTIONS including but not less than the following:

a. Fire extinguishers, pedestal mounted in the area of work

b. Walk off dust mats, inside and outside all entry / exit points to the workspace, changed not less than daily or more as required by the construction or COR.

c. Block off all HVAC return ductwork and lovers so not to introduce dust into the HVAC system.

d. Provide a plastic dust tight temporary construction barrier to isolate the area of work. Provide dust containment tent or portable containment cube, with HEPA filter negative air system when working above ceilings.

e. High-Efficiency Particulate Arresting / High-Efficiency Particulate Air Filtration (HEPA) recirculating air equipment inside the workspace

f. Seal the area of work and provide HEPA exhaust equipment to make the area of work negative air pressure with respect to the surrounding area

g. HEPA recirculating air equipment outside the workspace at every entry / exit point

h. No trash, used packaging or construction spoils shall be stored on site. Remove each day using covered gondolas.

i. Broom sweep the work area at the end of each day. Provide HEPA vacuum and wet mop daily where broom sweeping creates undesired dust.

9. All work will be provided with (1) year parts and labor guarantee from date of acceptance by the VA.

Part 5: Louis A. Johnson VAMC Additional Requirements

1. Comply with all Louis A. Johnson VAMC site specific requirements and SOPs including and not limited to: Key Policy, Badging Policy, Rules of Behavior, and Smoking Policy 2.

a. The Contractor shall check in (in person) with the Police station and the FMS if COR is not present before any work can be permitted on campus. Provide the name and cell number of the on-site supervisor to the above officials. Workers must display identification badge at all times clearly identifying themselves and their company. At the completion of the work, daily, check out with the any of the above officials.

3. All building systems will be maintained in full operation at all times:

a. Request for system shutdowns must be in writing not less than 7 calendar days (15 days for Major’s) in advance.

4. Fire-seal all penetrations through any wall or floor with UL or equivalent approved listed fire rated assembly.

5. Deliveries, Parking, Elevators:

a. Deliveries only at the dock and coordinated with the COR. At time of delivery: provide vehicle information to the VA Police and remove the vehicle as soon as delivery is complete. Move materials in public corridors during low patient time and performed between 6 pm through midnight concluding by 6 am on the following day.

6. Contractor shall provide documentation recycling and receipts from the salvage / deposal service in compliance with VA’s Green Environmental Management System (GEMS) Policy.

7. No on-site office or on-site storage / office container shall be allowed. Provide ‘just in time delivery and pickup’. Coordinate with COR for staging within the area of work.

8. No music radios. Two-way communications radios are allowed where broadcast frequencies are approved by COR.

9. Immediately stop work and notify the COR if asbestos is noticed or suspected around the area of work.

Part 6: Close out

1. The general contractor will be responsible for full third-party commissioning of the space in accordance with VA policy and guidance and for providing written reports to include a statement certifying the readiness of the space for use as intended by the VA. Verification and digitizing of as-built drawings and O&M’s provided by the general contractor will be required and will submit documents to the VA.

Louis A Johnson VAMC: Upgrade (Physical Therapy/ Eye Clinic)

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by general (prime) contractors interested in submitting bids direct to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the Federal Business Opportunities (FedBizOpps) website at https://www.fbo.gov under solicitation number 36C24519B0002. By registering at FedBizOpps, prime contractors, suppliers and subcontractors will have access to download plans, specifications and amendments

(b) A Bid Guarantee is required for this solicitation. 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 Bid Bond is to be executed on a SF 24. Failure to furnish the required bid guarantee on the proper form and amount, by the time set for the 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.

(c) The bidder to whom award is made will be required to furnish two (2) bonds, a Payment Bond to be executed on the SF 25A and a Performance Bond to be executed on the proper SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and SF 25A can be obtained upon application to the issuing office

(d) Disclosure of the magnitude of construction: Between $250,000 and $500,000.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

(e) Pricing shall be submitted utilizing the Bid Schedule, Continuation of Block 17 of SF-1442 on page 5 of 58. Bidders are urged to type or print pricing legibly.

(f) Offers are to be valid for 120 calendar days for acceptance. Any offers less than 120 calendar days will not be considered and will be rejected as non-responsive.

(g) A formal site visit is scheduled for this solicitation on January 8, 2019 at 10:00 am EST.

(h) Technical Questions: Questions of a technical nature must be provided in writing and shall be submitted by prospective bidders to attention: Rebecca Besten. Questions shall be submitted only via e-mail to: rebecca.besten@va.gov. The subject line must read: 36C24519B0002 Technical Questions. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. All questions must be received no later than 4:00 p.m. EST, January 16, 2019. No telephone request will be honored. Any questions received after this time will NOT be considered and a response will NOT be given. All technical questions and Government responses will be posted on FedBizOpps in an amendment to the solicitation.

(i) Bidders whose bid contains a Teaming Agreement must provide the following information at time of bid:

· Legal name of company that will be teaming with the bidding firm

· Legal address of the company that will be teaming with the bidding firm

· Duns & Bradstreet number of the company that will be teaming with the bidding firm

· Copy of the System Award Management (SAM) document of the company that will be teaming with the bidding firm.

· Bidding firm must submit a narrative identifying exactly how the Teaming Agreement will be written defining each party’s role in the preparation process and clearly defines separate roles for the proposed prime contractor and for the proposed subcontractor and how the proposed bidder intends to totally control contract performance. The teaming subcontractor must not have a role in contract management, particularly, a role where the teaming subcontractor employees are the key personnel. The narrative needs to contain the listing of team members, responsibilities of the team members, duration, and responsibilities of the team lead contractor. All bonds must be in the bidder’s name. Failure to provide complete narrative describe above at time of bid will be considered non-responsive and their bid will be rejected.

Prior to award, should the lowest bidder indicate their bid contains a Teaming Agreement, the bidder has ten (10) calendar days to provide a duly executed Teaming Agreement acceptable to the Contracting Officer once the bidder is notified in writing. Failure to provide a duly executed Teaming Agreement within the required ten (10) calendar day timeframe will result in non-responsive bid and rejection of that bid.

(j) Safety or Environmental Violations and Experience Modification Rate

“All Bidders/Offeror’s 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/Offeror’s 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. Failure to submit this information may result in a determination of “Non-Responsive” 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.

Failure to furnish the required information above will be considered as Non-Responsive and will be cause for rejection.

(k) All respondents must be registered in the System Award Management System (SAM) data base at time of bid submittal. Offerors must be verified in the Department of Veterans Affairs (VA),Center for Veterans Enterprise(CVE) at http://www.vetbiz.gov/ at time of bid offering in accordance with Veterans Affairs Acquisition Regulation (VAAR) Subpart 819.7003(b) . Any offeror not CVE or SAM verified at time of bid submittal will be disqualified and bid will be rejected.

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

(m) A public bid opening will take place at 3:00 p.m. on Thursday January 31, 2019 at the Contracting Offices located at 513 Rosebud Plaza, Clarksburg, WV 26301.

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

(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 3,000,000.00, whichever is less.

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

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

(End of Provision)

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:

Rebecca Besten Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199 Mailing Address:

Department of Veterans Affairs Louis A Johnson, VAMC Contracting Office (90C) 1 Med Center DR Clarksburg WV 26301-4199

(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— January 8, 2019 at 10:00 a.m.

(c) Participants will meet at— VAMC Clarksburg Engineering Building 7 Conference Room (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 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018)

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

(End of Provision)

2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) 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:

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

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

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

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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

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

(i) 52.203-2,…