36C24619Q0750-001.pdf

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.

1 42

36C24619Q0750

07-19-2019

TBD

659-19-112

Department of Veterans Affairs

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

100 Emancipation Drive

Hampton VA 23667

Nicholas J Ruppert 7577266084

Request for Quote: Windows Replacement

W.G. Bill Hefner VA Medical Center, Salisbury NC

See Statement of Work for details

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

This is a Total SDVOSB Set-Aside

NAICS Code: 238150 | Size Standard: $15.0 Million

Constructors must be registered in the Vendor Information Pages (https://www.vip.vetbiz.gov) to be eligible

A Site Visit will be conducted on Thursday, August 1, 2019, 10AM EST

Location: W.G. Bill Hefner VA Medical Center

Building 21B, Room 115

1601 Brenner Avenue

Salisbury, NC 28144

Questions are due no later than Friday, August 9, 2019, 10 AM EST via email at Nicholas.Ruppert@va.gov

Quotes are due no later than Monday, August 26, 2019, 3:00 PM EST

Please submit all quotes to the Contract Specialist at Nicholas.Ruppert@va.gov

LINE ITEM 0001: Contractor shall provide all labor, materials, tools, equipment, and supervision to perform all operations necessary to complete project 659-19-112. All work shall be completed in strict accordance with SOW, to include final clean up and completion of any punch list items.

The basis on which award will be made is price and other factors.

See Technical Evaluation Factors for more information.

15 210

X X

X

1 300 pm

08-26-2019

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

LINE ITEM 0001: Contractor shall provide all labor, materials, tools, equipment, and supervision to perform all operations necessary to complete project 659-19-112 in accordance with the Statement of Work.

100 Emancipation Drive

Hampton VA 23667

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

MATTHEW R GRAY

CONTRACTING OFFICER

Table of Contents

SOLICITATION/CONTRACT FORM

1.1 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION,

OR REPAIR)

1.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION,

OR REPAIR)– BACK

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.3 STATEMENT OF WORK

1.4 TECHNICAL EVALUATION FACTORS

1.5 PRICE/COST SCHEDULE

ITEM INFORMATION

1.6 WAGE DETERMINATION

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF

THE WORK (MAY 2014)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

2.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

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

3.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—

CERTIFICATION (JUN 2018)

GENERAL CONDITIONS

4.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL

2013)

4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

4.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

4.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

4.9 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.10 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

4.11 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS– CPM) (NOV 2018)

4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.13 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR

2019)

4.14 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.15 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.16 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)

4.17 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (APR 2019)

4.18 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 41

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1.3 STATEMENT OF WORK

Subject: Window Replacement B3, B6, B12, B14w, B19

Location: Campus

Project #: 659-19-112

Date: 26 June 2019

Base Quote:

The work covered by these specifications consists of furnishing all labor, equipment, appliances, devices and materials, and performing all operations necessary in replacement of windows in Buildings

3, 6, 12, 14w & 19 on the Campus of the VA Medical Center, Salisbury NC. Work includes, but not limited to the demolition of exist windows, sills, and detention screens. All work, including final cleanup and completion of any punch list items, shall be performed within two hundred and ten (210) calendar days of receipt of the Notice to Proceed. Work shall be performed in accordance with specifications and drawings as they apply to industry standards.

Alternate No.1: Delete all labor and materials associated with Bldg. 19.

Alternate No.2: Delete all labor and materials associated with Bldg. 12.

1.0 DEMOLITION & MOBILIZATION:

a) Site Preparation: Contractor to conduct Site Survey before mobilizing. Coordinate with COR of location of material and/or office support elements.

b) Dumpster shall be located on site and covered at all times. Coordinate with COR for location.

c) All debris shall be removed from site and if exposed outside of construction area it shall be covered and protected at all times.

d) Infection control measures shall be deployed at all times.

1.1 ARCHITECTURAL

a) Contractor shall submit shop drawings of all replacement windows types to verify all demission in relationship to existing conditions. Any site different conditions the COR shall be inform.

b) Windows shall match existing replaced windows in bldg. if condition exists

c) Sills shall match existing replaced sills in bldg. if condition exists.

d) Bldg. envelope shall be maintained or improved.

1.2 STRUCTURAL

a) Windows install shall be structural sounds.

1.3 MECHANICAL/PLUMBING

a) Not used

1.4 ELECTRICAL

a) Not used

1.5 COMMUNICAITON/NURSE CALL

a) Not used

2.0 TECHNICAL REQUIREMENTS

2.1 Progress Reporting: The Contractor shall report construction progress daily to the

Contracting Officer’s Representative (COR). Any delays must be communicated to the COR as soon as possible after they occur. This report must be in writing. The format of this report will be discussed during the pre-construction meeting. Any changes to this scope of work must be approved IN WRITING, by the

Contracting Officer, before the Contractor is authorized to begin work on the proposed change

2.2 Supervision by Contractor: The Contractor shall provide a Site Superintendent who shall be on-site whenever work is being performed. The Site Superintendent shall be separate from the prime sub-contractor and employed by the prime contractor. Responsibilities of the Site Superintendent are as follows:

a) Oversight of project and preliminary approval of all material submittals and change order requests.

b) Daily inspections of progress. The results of the daily inspections shall be submitted to the COR in a weekly report.

c) Coordination of a weekly meeting with the COR.

3.0 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the Contract will be considered unacceptable. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work, shall be remedied or removed immediately and replaced in an acceptable manner

4.0 LOCATION OF WORK:

Salisbury VAMC

5.0 PROJECT SCHEDULE: Details of the project schedule pertaining to the definitions of percent completion will be submitted and milestone noted for progress payments.

6.0 SAFETY AND LIABILITY: Contractor assumes all responsibility for the safety of the workers on the job site. Site Superintendent shall meet the following requirements: A minimum of 1-year safety work on similar projects; 30-hour OSHA construction safety class or equivalent within the last 3 years. Some work will be in multi-store bldg.(s) and/or work from a man lift, special safety consideration will need to be taken and addressed.

6.1 LIABLE CONTRACT ITEMS: Contractor is only responsible for initial items included in this

Statement of Work and for any repairs to damage caused by the workers during construction. Contractor will be responsible for all damages caused by construction, regardless of whether the item was originally included in the scope of work. Damaged work area shall be restored to its original condition.

6.2 PORTABLE EXTENSION CORDS: Portable extension cords shall be sized in accordance with manufacturer ratings for the tool to be powered and protected from damage. All damaged extension cords shall be immediately removed from service. Portable extension cords shall meet the requirements of NFPA

70. (GFCI) Ground-Fault Circuit Interrupters shall be provided at all times for any plug-in at VAMC electrical outlets.

6.3 INFECTION CONTROL: Class I includes inspection and non-invasive activities; e.g., small scale removal of ceiling tiles and painting (but not sanding).

Class II includes small scale, short duration activities that create minimal dust; e.g. access to chase spaces or computer cables.

Class III includes any work which generates a moderate to high level of dust or requires demolition or removal of any fixed components or assemblies (e.g., removal of floor coverings) or new construction.

1. Construction personnel will use a designated entry and exit site.

2. Only authorized personnel should be allowed to enter the construction area.

3. Doorways and walkways must be kept free of debris.

4. Appropriate personal protective equipment (PPE), such as goggles for eye protection, face mask or shield, (possibly shoe covers, a hairnet, and a clean gown or Tyvek™ suit), will be donned before entering the site.

5. All PPE for infection prevention and control must be removed at the site of exit to prevent carrying dust to other areas within the facility. Clothes and shoes should be free of loose sand or debris once the PPE has been removed.

6. Walk-off mats will be placed at any entry/exit and must be changed frequently (checked at least twice daily) to prevent tracking of dust/debris into clean areas. Walk-off mats must be placed where they will not interfere with routine staff and patient traffic; e.g., immediately inside the construction area.

7. Contractor is responsible for keeping the construction entrance/exit zones clean. This may include wet/damp mopping and/or vacuuming with HEPA filtered vacuum at the end of each work day, or more frequently. Dry sweeping may not be performed because dust can accumulate in the building ventilation system or migrate into patient areas. However, under limited circumstances in locations sufficiently removed from patient areas, a wax-based sweeping compound, which has an NFPA Health Code of no higher than Code 1, may be used to control dust during broom sweeping activities.

8. The Infection Control Practitioner will make periodic unannounced compliance rounds. Issues needing attention will be discussed and corrected as soon as possible.

9. No food or beverages should be taken into the construction area.

10. During demolition and other dust-producing construction activities, dust will be vented to the outside of the building or personnel must use a HEPA-equipped air filtration unit 24 hours/day.

11. Proper containment of construction waste, i.e., using a tightly covered container, is mandatory.

12. Unless otherwise approved by the facility, the shortest exit route to the outside should be taken when construction waste is being transported.

13. Appropriate barrier systems for dust control must be in place before any construction starts. A job in patient areas or hospital hallways taking 5 Minutes or longer to complete requires dust barriers and barricades.

14. Once the project has been completed, Infection Control will be invited to do a walk-thru inspection to ensure cleanliness in the area.

6.4 Station Badging and Miscellaneous

To obtain a badge, each worker must go to COR and present the following:

1. a valid photo ID and one other form of identification such as a Social Security Card

2. evidence of negative TB screening within 90 days prior to working on site; and

3. certification of OSHA 10-hour or 30-hour Construction Safety training and other relevant competency training as determined by the by the Construction Safety Committee with input from the Multi-Disciplinary

Team.

a. Site superintendent/foreman for general contractor and subcontractors are required to have certification of OSHA 30-hour Construction Safety training and other relevant competency training.

b. Site superintendents for general contractors are encouraged to obtain and maintain the U.S. Army

Corps of Engineers Contractor Safety and Health Requirements EM 385-1-1 40-hour

Certification.

4. Workers may not drive or park on the grass without approval from the COR. The Medical Center and its surrounding grounds are Federal property.

5. The following, which includes a partial list of forbidden items and practices forbidden on federal property, are strictly prohibited in the Medical Center buildings or on the campus:

a. Weapons: Knives, Guns, and/or anything that deemed a weapon by nature

b. Drugs of any kind

c. Animals of any species

7.0 SITE CLEAN-UP AND RESTORATION: The contractor shall ensure the work site and areas around the work site are free of any debris and materials upon completion of work each day, as well as at the completion of the job. Contractor shall remove and properly dispose of all materials and equipment at the completion of the job.

8.0 INSPECTIONS:

8.1 The Contractor shall maintain an adequate inspection system and perform such periodic inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the COR as supported by the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. Government inspections and tests are for the sole benefit of the

Government and do not relieve the Contractor of responsibility for providing adequate quality control measures; of responsibility for damage to or loss of the material before acceptance; constitute or imply acceptance of work unless so stated in writing; or affect the continuing rights of the Government after acceptance of the completed work.

8.2 The presence or absence of a Government inspector does not relieve the Contractor from any contract requirements, nor is the inspector authorized to change any term or condition of the contract without written authorization from the Contracting Officer, as set forth elsewhere in this agreement.

8.3 The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer.

8.4 The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

8.5 If the Contractor does not promptly replace or correct rejected work, the Government may, by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or terminate the Contract for default.

1.4 TECHNICAL EVALUATION FACTORS

Award Shall be made on the basis of Price and Other Factors. To be considered responsive, offerors shall respond in writing to the technical factors listed below. The information contained in the technical quotation should be complete, concise, and address each factor completely. Submit one electronic copy of the technical quotation.

The Technical Evaluation Factors Include:

1. Qualifications of Key Personnel

2. Previous Experience- Completed Construction Projects.

3. Construction Management: Proposed Construction Schedule.

Factor 1: Qualifications of Key Personnel

The offeror shall identify the key personnel (Project Manager, full time on-the-job Superintendent, and individual responsible for Quality Control) to be involved in this project and supply brief biographical data including name of individual, company position, years with the company, work and educational background, certifications, experience applicable to this Project, tasks to be assigned to that individual on this Project, percentage of workweek to be committed to this Project, and authority of that individual to act on behalf of the offeror. The contractor shall provide information on any relevant certifications related to this project (AWDI).

Factor 2: Relevant Previous Experience-Completed Construction Projects

Contractor must provide technical narrative demonstrating completion of two (2) projects in the last five

(5) years of similar scope (window replacement). Listing shall include project scope, initial award amount, project size (# of windows), original and actual completion dates, description of the work self-performed by the Prime Contractor, related client identification and contact information. Each project narrative must discuss and describe the Infection Control Procedures, Interim Life Safety Measures, Quality

Assurance/Control, and Safety procedures taken throughout the duration of the project. Offeror shall also indicate for each project listed and a summary of all contract changes that occurred and reason for changes.

Offeror shall also identify subcontractors for all major subcontracted trades to be used (i.e. Carpentry, Mechanical, Piping/Plumbing) under the contract awarded from this solicitation. Provide DUNS number of all major subcontractors.

**2 page maximum for each project listed under this standard ***

Factor 3: Construction Management-Proposed Construction Schedule, Phasing Plan, and Window install work plan.

Provide a schedule for this project based on a non-binding estimated Notice to Proceed date of and a completion schedule not to exceed 210 calendar days. Schedule shall include responsibility, and durations.

Offeror shall demonstrate a detailed phasing plan and schedule to accomplish work, address the ICRA, and minimize disruption to the medical center operations. Schedule must indicate all aspects of the work to be performed under this project. Provide a technical narrative or work plan demonstrating the processes and coordination required of the General Contractor to ensure a successful installation of windows in multiple bldgs. and work schedules.

1.5 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 JB ________________

Base Quote: The work covered by these specifications consists of furnishing all labor, equipment, appliances, devices and materials, and performing all operations necessary in replacement of windows in Buildings 3, 6, 12, 14w & 19 on the Campus of the VA Medical

Center.

Alternate 1: Delete all labor and materials associated with Building

19.

Alternate 2: Delete all labor and materials associated with building

12.

GRAND TOTAL ________________

1.6 WAGE DETERMINATION

The DOL Wage Determination for the specific locality applies to this solicitation and any contract awarded is available at www.wdol.gov. Please note the listing below is not all inclusive wage determination of each area of performance. It is the contractor’s responsible to obtain and evaluate each wage determination locality.

Wage Determination No.: NC20190063 as of 7/3/2019 http://www.wdol.gov/

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

2.1 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/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR

CONSTRUCTION

FEB 1999

52.228-1 BID GUARANTEE SEP 1996

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER

INFORMATION WITH OFFER

JUL 2013

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

(End of Provision)

2.2 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)

2.3 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)

2.4 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 52.233-2 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:

MATTHEW R GRAY

CONTRACTING OFFICER

Hand-Carried Address:

Department of Veterans Affairs

Contracting Office

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

Mailing Address:

Department of Veterans Affairs

Contracting Office

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

(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)

2.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of

Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the

Federal Acquisition Regulation.

(End of Provision)

2.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 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:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs

810 Vermont Avenue, N.W.

Washington, DC 20420

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

Director, Office of Construction and Facilities Management

811 Vermont Avenue, N.W.

Washington, DC 20420

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 238150.

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements—Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

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

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

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

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

Coast Guard.

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

Guard.

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

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

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

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

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

Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--

Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate

I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate

II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its

Alternate III applies.

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

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below

[offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)

3.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR

AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the

United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22

U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control https://www.sam.gov/ https://www.state.gov/t/avc/rls/rpt/ and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the

Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United

States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to

NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or https://www.state.gov/t/avc/rls/rpt/

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

GENERAL CONDITIONS

4.1 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/

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

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT OCT 2015

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

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 POSTCONSUMER

FIBER CONTENT 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 2018

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS

DEC 2014

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED

BY KASPERSKY LAB AND OTHER COVERED ENTITIES

JUL 2018

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

52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION SEP 2000

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2018

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK…