36C24618B0527-001.docx

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Dispatch Renovation (VA-18-00044202) Federal contract opportunity
Solicitation number
36C24618B0527
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 6

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36C24618B0527 Section M

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.

36C24618B0527 X 03-14-2018

TBD

590-18-102 Department of Veterans Affairs Network Contracting Office 6 Emancipation Dr

Bldg Hampton

VA 28805

Department of Veterans Affairs Network Contracting Office 6 ATTN: Keith Norman 100 Emancipation Dr

Bldg Hampton VA 23667 Keith Norman 757-315-3958 Project Title: Dispatch Renovation

Project Description: The work will consist of completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor and materials and perform work for the Dispatch Renovation project as required by drawings and specifications at the Hampton VA Medical Center.

All work shall be in accordance with the construction drawings and specifications.

See the SCOPE OF

WORK,

Specifications , and the Drawings for additional descriptions.

Site Visit: 3/21/18 at 2:00PM B uilding 27 at the Hampton VAMC Questions End: 4/3/18 at 3:00PM by email only Bid Opening: 4/13/18 at 2:00PM Building 27 at the Hampton VAMC

X X 52.211-10 X

2:00 PM

04-13-2018 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 agre es 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 Network Contracting Office 6 100 Emancipation Dr Bldg 27 Hampton VA 23667 Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971

Dispatch renovation (Construction) (Project 590-18-102)

STATEMENT OF WORK

(a) General: The work will consist of completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor and materials and perform work for the Dispatch Renovation project as required by drawings and specifications at the Hampton VA Medical Center.

(b) Construction Cost and Duration: Range: $200,000.00 to $500,000.00 estimated time of work: Construction – 90 days including submittals.

(c) Phasing: Project construction will be phased as indicated in drawings and specifications. Work will be scheduled to minimize the disruption to the medical center and other contractors.

(d) Construction Services: Perform work as described above and in accordance with professionally developed design drawings and specifications.

(e) Place of Performance: Tasks will be performed at the VA Medical Center Hampton, VA. Work will be around an occupied healthcare facility in operation 24 hours a day.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

SUBMISSION OF BIDS

The bidder shall submit the following in response to this Invitation for Bids:

(a) A completed and signed Standard Form 1442.

(b) A completed copy of the Representations and Certifications (See FAR 52.204-8 Annual Representations and Certifications (MAR 2012)).

(c) A fully executed bid bond.

(d) Documentation of their safety record.

(e) All forms and/or certifications as directed in the solicitation, including the specifications.

SAFETY AND ENVIRONMENTAL RECORD: In order to be eligible for consideration and award, the contractor shall have no more than three serious, or one repeat, or one willful OSHA or EPA violation(s) in the past 3 years and have an Experience Modification Rate (EMR) of equal to or less than 1.0.

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record with their bid.

1. A self-certification on company letterhead that the bidder 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. Bidders shall submit copies of their OSHA logs (OSHA Form 300A) for the past three years with their bid. If the firm has been in business for less than three years, they shall submit copies of their OSHA logs for the period of time they have been in business.

1. 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.

DESCRIPTION OF WORK: See SCOPE OF WORK and Specification and Drawings.

COST RANGE: $100,000.00 - $250,000.00

NAICS: The NAICS Code for this procurement is 236220, Commercial and Institutional Construction, with a maximum small business size standard of $36.5 million.

COMPLETION TIME: 90 Days SDVOSB SET-ASIDE: Effective June 20, 2007, Public Law 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006 allow procurements to be set-aside for SDVOSBs and VOSBs. This procurement is 100% set-aside for Service-Disabled, Veteran-Owned Small Business (SDVOSB). Bids are solicited only from SDVOSB concerns and bids received from concerns that are not SDVOSB concerns shall be rejected. In order to be considered, the firm must be shown in the Center for Business Enterprise (VetBiz) website as verified at the time of submission of their bid. No award can be made unless the vendor is registered.

Plans/Drawings/Specifications: Drawings and specifications are attached in electronic format to this solicitation. Offerors are responsible for downloading and printing their own bid sets. The VA will not provide hard copies of the drawings and specifications to any offeror. Contractors are responsible for ensuring that any construction document package used for bidding or construction is complete and up-to-date.

RESIDENT PROJECT ENGINEER: All reference to "Resident Project Engineer" in the solicitation will be changed to "Contracting Officer’s Representative" or “COR.”

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

DEPARTMENT OF VETERANS AFFAIRS: All reference to "Veteran's Administration" or "VA" in the solicitation will be changed to Department of Veterans Affairs".

METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables and contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.

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

CONTRACTOR RESPONSIBILITY: 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 to the Government for additional time granted for completion 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 1 2005, all employees of the general contractor and subcontractors shall have the 10-hour OSHA certified construction safety course and/or other relevant competency training, as determined by the COTR with input from the ICRA (Infection Control Risk Assessment) team. 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. No ID badge will be issued to an employee who does not provide this documentation. There shall be no exceptions to this requirement.

TB TESTING: It is the responsibility of the contractor to provide TB training annually and a PPD test annually for any employee(s) providing services at VAMC, Hampton, Virginia. The Government reserves the right to review the contractor’s records.

PRE-BID CONFERENCE: A pre-bid conference has been scheduled for March 21, 2018 at 2:00 p.m, in the Bldg. 27, 100 Emancipation Drive Hampton, VA. This pre-bid conference will be the only opportunity for potential bidders to visit the site.

All potential bidders, subcontractors, and suppliers are strongly encouraged to attend this pre-bid conference.

NOTE: QUESTIONS REGARDING THIS SOLICITATION MUST BE SUBMITTED E-MAIL (keith.norman2@va.gov@va.gov); NO TELEPHONE QUESTIONS WILL BE ACCEPTED. CUT OFF FOR QUESTIONS IS 3:00 PM (LOCAL TIME), April 3, 2018.

KEYS: All keys provided the Contractor 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. There shall be a charge of $10.00 for each key that is lost or not returned to the COR. Payment shall be made to the VA Medical Center, Hampton, Virginia upon receipt of a Bill of Collection.

PREPARATION OF BIDS/OFFERS/PROPOSALS: Neither the VAMC nor the VISN 6 NCO will pay for any costs incurred in preparation and submission of bids or proposals.

PRIVACY AND CONFIDENTIALITY: Contractors to the Department of Veteran Affairs may be unintentionally exposed to sensitive information. Information may be 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 contract 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 privacy and confidentiality should be reported immediately to the Contracting Officer, Contracting Officer’s Representative (COR) or the Facility Privacy Officer.

The C&A requirements do not apply and a Security Accreditation Package is not required. If the contractor opts to use a computer or computer system for processing contract documents, the requirements of FIPS 140-2 for encryption of contract documents must be met.

VETS 100: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 100 reporting information can be done electronically at: http://vets100.cudenver.edu. Award cannot be made unless the awardee has filed their VETS 100 report; therefore, all bidders/offerors are encouraged to file every year.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Bidders are encouraged to ensure that they are registered in SAM prior to submitting their bid.

BID OPENING: A public bid opening has been scheduled for April 13, 2018, at 2:00 p.m., in Bldg. 27 100 Emancipation Drive, Hampton, VA.

Table of Contents

SECTION A - SOLICITATION/CONTRACT FORM1
SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS3
A.1 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) ALTERNATE I (MAY 2014)9
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS14
B.1 PRICE/COST SCHEDULE14
ITEM INFORMATION14
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK15
SECTION D - PACKAGING AND MARKING16
[For this Solicitation, there are NO clauses in this Section]16
SECTION E - INSPECTION AND ACCEPTANCE17
SECTION F - DELIVERIES OR PERFORMANCE18
F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)18
F.2 DELIVERY SCHEDULE18
SECTION G - CONTRACT ADMINISTRATION DATA19
[For this Solicitation, there are NO clauses in this Section]19
SECTION H - SPECIAL CONTRACT REQUIREMENTS20
PART II - CONTRACT CLAUSES21
SECTION I - CONTRACT CLAUSES21
I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)21
I.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)23
I.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)24
I.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)24
I.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)25
I.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)26
I.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)27
I.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)29
I.9 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)30
I.10 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)30
I.11 SUPPLEMENTAL INSURANCE REQUIREMENTS31
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS32
SECTION J - LIST OF ATTACHMENTS32
[For this Solicitation, there are NO attachments in this Section]32
PART IV - REPRESENTATIONS AND INSTRUCTIONS33
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS33
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)33
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS37
L.1 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)37
L.2 52.216-1 TYPE OF CONTRACT (APR 1984)38
L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)38
L.4 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE I (MAY 2014) AND ALTERNATE II (JUN 2009)39
L.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)40
L.6 52.228-1 BID GUARANTEE (SEP 1996)41
L.7 52.233-2 SERVICE OF PROTEST (SEP 2006)41
L.8 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)42
L.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)42
SECTION M - EVALUATION FACTORS FOR AWARD44
[For this Solicitation, there are NO provisions in this Section]44
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS44
M.1 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION) (FEB 2015)47
M.2 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015)47
M.3 VAAR 852.214-70 CAUTION TO BIDDERS--BID ENVELOPES (JAN 2008)51

See attached document: 100pct specs.

See attached document: S02 - Drawings Dispatch Renovation Only 100PCT See attached document: P07 - Wage Determination A.1 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2016) ALTERNATE I (MAY 2014)

(a) Definitions. As used in this clause— "Bahrainian, Mexican, or Omani construction material" means a construction material that—

(1) Is wholly the growth, product, or manufacture of Bahrain, Mexico or Oman; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed.

"Caribbean Basin country construction material" means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

"Commercially available off-the-shelf (COTS) item"— (1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

"Designated country construction material" means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

"Domestic construction material" means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

"Foreign construction material" means a construction material other than a domestic construction material.

"Free Trade Agreement country construction material" means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

"Least developed country construction material" means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

"United States" means the 50 States, the District of Columbia, and outlying areas.

"WTO GPA country construction material" means a construction material that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, NAFTA, and the Oman FTA apply to the this acquisition. Therefore, the Buy American statute restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials.

(2) The Contractor shall use only domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None
None
None
None
None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description
Unit of Measure
Quantity
Price (Dollars)*

Item 1:

Foreign Construction Material

Domestic Construction Material

Item 2:

Foreign Construction Material

Domestic Construction Material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause) Page 1 of Page 1 of

FAR Number
Title
Date
52.236-26
PRECONSTRUCTION CONFERENCE
FEB 1995
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
JUL 2013

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
GRAND TOTAL
__________________

36C24618B0527 Section B

Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Dispatch renovation (Construction) (Project 590-18-102)

STATEMENT OF WORK

(f) General: The work will consist of completely prepare site for building operations, including demolition and removal of existing materials, and furnish labor and materials and perform work for the Dispatch Renovation project as required by drawings and specifications at the Hampton VA Medical Center.

(g) Construction Cost and Duration: Range: $200,000.00 to $500,000.00 estimated time of work: Construction – 90 days including submittals.

(h) Phasing: Project construction will be phased as indicated in drawings and specifications. Work will be scheduled to minimize the disruption to the medical center and other contractors.

(i) Construction Services: Perform work as described above and in accordance with professionally developed design drawings and specifications.

36C24618B0527 Section C

(j) Place of Performance: Tasks will be performed at the VA Medical Center Hampton, VA. Work will be around an occupied healthcare facility in operation 24 hours a day.

Page 1 of Page 1 of

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C24618B0527 Section D

Page 1 of Page 1 of

SECTION E - INSPECTION AND ACCEPTANCE

36C24618B0527 Section E

Page 1 of Page 1 of

SECTION F - DELIVERIES OR PERFORMANCE

FAR Number
Title
Date
52.242-14
SUSPENSION OF WORK
APR 1984

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 calendar days after receipt of the Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 DELIVERY SCHEDULE

ITEM NUMBER
QUANTITY
DELIVERY DATE

36C24618B0527 Section F

Page 1 of Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there are NO clauses in this Section] 36C24618B0527 Section G

Page 1 of Page 1 of

SECTION H - SPECIAL CONTRACT REQUIREMENTS

See attached document: 100pct specs.

36C24618B0527 Section H See attached document: S02 - Drawings Dispatch Renovation Only 100PCT.

Page 1 of

Page 1 of

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause 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 Clause)

FAR Number
Title
Date
52.202-1
DEFINITIONS
NOV 2013
52.203-3
GRATUITIES
APR 1984
52.203-5
COVENANT AGAINST CONTINGENT FEES
MAY 2014
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
SEP 2006
52.203-7
ANTI-KICKBACK PROCEDURES
MAY 2014
52.203-8
CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
OCT 2010
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
APR 2014
52.203-19
PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER
MAY 2011
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.204-10
REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
OCT 2016
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2016
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
JUL 2016
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
OCT 2015
52.209-10
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
NOV 2015
52.215-2
AUDIT AND RECORDS—NEGOTIATION
OCT 2010
52.215-8
ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT
OCT 1997
52.219-8
UTILIZATION OF SMALL BUSINESS CONCERNS
NOV 2016
52.222-3
CONVICT LABOR
JUN 2003
52.222-4
CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATION
MAY 2014
52.222-6
CONSTRUCTION WAGE RATE REQUIREMENTS
MAY 2014
52.222-7
WITHHOLDING OF FUNDS
MAY 2014
52.222-8
PAYROLLS AND BASIC RECORDS
MAY 2014
52.222-9
APPRENTICES AND TRAINEES
JUL 2005
52.222-10
COMPLIANCE WITH COPELAND ACT REQUIREMENTS
FEB 1988
52.222-11
SUBCONTRACTS (LABOR STANDARDS)
MAY 2014
52.222-12
CONTRACT TERMINATION—DEBARMENT
MAY 2014
52.222-13
COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS
MAY 2014
52.222-14
DISPUTES CONCERNING LABOR STANDARDS
FEB 1988
52.222-15
CERTIFICATION OF ELIGIBILITY
MAY 2014
52.222-21
PROHIBITION OF SEGREGATED FACILITIES
APR 2015
52.222-26
EQUAL OPPORTUNITY
SEP 2016
52.222-27
AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION
APR 2015
52.222-37
EMPLOYMENT REPORTS ON VETERANS
FEB 2016
52.222-50
COMBATING TRAFFICKING IN PERSONS
MAR 2015
52.222-54
EMPLOYMENT ELIGIBILITY VERIFICATION
OCT 2015
52.222-55
MINIMUM WAGES UNDER EXECUTIVE ORDER 13658
DEC 2015
52.222-62
PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706
JAN 2017
52.223-5
POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION
MAY 2011
52.223-6
DRUG-FREE WORKPLACE
MAY 2001
52.223-18
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
AUG 2011
52.223-21
FOAMS
JUN 2016
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
JUN 2008
52.227-1
AUTHORIZATION AND CONSENT
DEC 2007
52.227-2
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
DEC 2007
52.227-4
PATENT INDEMNITY—CONSTRUCTION CONTRACTS
DEC 2007
52.228-2
ADDITIONAL BOND SECURITY
OCT 1997
52.228-5
INSURANCE—WORK ON A GOVERNMENT INSTALLATION
JAN 1997
52.228-11
PLEDGES OF ASSETS
JAN 2012
52.228-12
PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS
MAY 2014
52.228-14
IRREVOCABLE LETTER OF CREDIT
NOV 2014
52.228-15
PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION
OCT 2010
52.229-3
FEDERAL, STATE, AND LOCAL TAXES
FEB 2013
52.232-5
PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS
MAY 2014
52.232-17
INTEREST
MAY 2014
52.232-23
ASSIGNMENT OF CLAIMS
MAY 2014
52.232-27
PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS
JAN 2017
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
JUN 2013
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
DEC 2013
52.233-1
DISPUTES ALTERNATE I (DEC 1991)
MAY 2014
52.233-3
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004
52.236-2
DIFFERING SITE CONDITIONS
APR 1984
52.236-3
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
APR 1984
52.236-5
MATERIAL AND WORKMANSHIP
APR 1984
52.236-6
SUPERINTENDENCE BY THE CONTRACTOR
APR 1984
52.236-7
PERMITS AND RESPONSIBILITIES
NOV 1991
52.236-8
OTHER CONTRACTS
APR 1984
52.236-9
PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS
APR 1984
52.236-10
OPERATIONS AND STORAGE AREAS
APR 1984
52.236-11
USE AND POSSESSION PRIOR TO COMPLETION
APR 1984
52.236-12
CLEANING UP
APR 1984
52.236-13
ACCIDENT PREVENTION
NOV 1991
52.236-14
AVAILABILITY AND USE OF UTILITY SERVICES
APR 1984
52.236-17
LAYOUT OF WORK
APR 1984
52.236-21
SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
FEB 1997
52.242-13
BANKRUPTCY
JUL 1995
52.243-4
CHANGES
JUN 2007
52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS
NOV 2017
52.248-3
VALUE ENGINEERING—CONSTRUCTION
OCT 2015
52.249-2
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)
APR 2012
52.249-10
DEFAULT (FIXED-PRICE CONSTRUCTION)
APR 1984
52.253-1
COMPUTER GENERATED FORMS
JAN 1991
852.203-70
COMMERCIAL ADVERTISING
JAN 2008
852.228-70
BOND PREMIUM ADJUSTMENT
JAN 2008
852.236-74
INSPECTION OF CONSTRUCTION
JUL 2002
852.236-76
CORRESPONDENCE
APR 1984
852.236-77
REFERENCE TO "STANDARDS"
JUL 2002
852.236-78
GOVERNMENT SUPERVISION
APR 1984
852.236-79
DAILY REPORT OF WORKERS AND MATERIAL
APR 1984
852.236-80
SUBCONTRACTS AND WORK COORDINATION
APR 1984
852.236-82
PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS)
APR 1984
852.236-84
SCHEDULE OF WORK PROGRESS
NOV 1984
852.236-85
SUPPLEMENTARY LABOR STANDARDS PROVISIONS
APR 1984
852.236-86
WORKERS' COMPENSATION
JAN 2008
852.236-87
ACCIDENT PREVENTION
SEP 1993
852.236-88
CONTRACT CHANGES--SUPPLEMENT
JUL 2002
852.236-91
SPECIAL NOTES
JUL 2002
852.246-71
INSPECTION
JAN 2008

I.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

I.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

I.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 236220 assigned to contract number .

[Contractor to sign and date and insert authorized signer's name and title].

(End of Clause)

I.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause— “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

FAR Number
Title
Date
52.222-36
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
JUL 2014

I.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be…

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