36C25018B0007-001.docx

36C25018B0007

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 of

36C25018B0007 X 11- -2017 552-18-1-6932-0003 552-16-101

701AK/552

Department of Veterans Affairs Service Area Office (SAO) - Central Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. - Suite 210 Kettering OH 45409-1337 Department of Veterans Affairs Network Contracting Office (NCO) 10 Attn: Bob Ivey - 36C25018B0007 3140 Governor’s Place Blvd. - Suite 210 Kettering OH 45409-1337 Bob Ivey

(937) 268-6511 Ext. 5402 552-16-101: Improve Campus Access and Security

The contractor shall provide complete construction services to upgrade perimeter entrances and fencing; general improvements to include emergency call boxes, sidewalks, and road turning radii corrections to accommodate delivery vehicles ; elimination of unsafe road/parking configurations on the Veterans Affairs Medical Center, located at 4100 West Third Street, Dayton, OH 45428. The project will involve realignment of the main historical entrance to the facility with the off-ramp from the adjoining highway. The project will install physical barriers at critical locations throughout the medical center as well as create new automation capabilities at each of the gate entrances.

The project will install pedestrian sidewalks. The project will install dedicated emergency call boxes throughout the campus . The project will also address security deficiencies as identified in the latest annual physical security survey . The project will include site utilities for future gravesite locator kiosks.

Completion time is

540 calendar days from receipt of the Notice to Proceed (NTP).

All work shall be conducted in complete accordance with the Project Drawings, Specifications, & Terms of the Contract.

All work shall be coordinated with the VA Contracting Officer (CO) and Contracting Officer's Representative (COR).

This is a 100% Set-Aside for Service-Disabled Veteran-Owned Small Business (SDVOSB).

Bidders must be verified in the VIP database (http://www.vip.vetbiz.gov/) at the time of bid submission in order to be considered for award. Bids from unverified SDVOSBs will be considered non-responsive, and will be ineligible for award.

Award will only be made to an eligible SDVOSB firm in the VIP database at the time of award.

On Page 2 of the SF1442 you shall insert your Cage Code Number, DUNS, and fill in your Base and Deduct Alternate Bid Price(s) in the appropriate blocks.

Bidders are to enter pricing for all bid items.

This solicitation includes a requirement concerning safety compliance documentation to be submitted with your bid.

See "NOTICE - SAFETY COMPLIANCE REQUIREMENT", Failure to submit the required information may cause your bid to be deemed non-responsive.

This solicitation includes specifications, drawings, wage determinations and other items by attachment (See list at end of this document). All attachments provided with the solicitation and any amendment(s) thereto are incorporated into the solicitation and any resulting contract.

NOTE: Site Visit and Place of Performance is the Dayton VAMC, 4100 W. Third Street, Dayton, OH 45428-9000.

Bid Opening will be held at the Network Contracting Office (NCO) 10, Kettering, OH (Address in Block 8 above).

X X

FAR 52.211-10

X 10:00 A.M.

12- 8-2017 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

Cage Code: _________

_ DUNS

BID ITEM 1 (BASE BID): $____________________

BID ITEM 2 (DEDUCT ALTERNATE 1): $____________________

BID ITEM 3 (DEDUCT ALTERNATE 2): $____________________

BID ITEM 4 (DEDUCT ALTERNATE 3): $____________________

BID ITEM 5 (DEDUCT ALTERNATE 4): $____________________

552-3680162-6932-854200-3220 23NRNR000

701AK/552

Department of Veterans Affairs Service Area Office (SAO) Central Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. - Suite 210 Kettering OH 45409-1337 Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 1-888-372-1145 512-460-5429 Bob Ivey (NOC1015L2-0500) Contracting Officer

Table of Contents

STATEMENT OF BID ITEMS………………………………………………………….………6

SITE VISIT INFORMATION……………………………………………………………………8

REQUESTS FOR INFORMATION…………………………………………………………….9

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS………………………………………………………………………………………….10

NOTICE - SAFETY COMPLIANCE REQUIREMENTS……………………………………11

NOTICE OF REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)………………………………………………………….12 INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS………………………………………………………………………..13

4.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2006) ……………………………………………………27

4.9 FAR 5223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)………………………………..31

WAGE DETERMINATION……………………………………………………………………59

PRE-AWARD CONTRACTOR SAFETY AND ENVIRONMENTAL RECORD EVALUATION FORM…………………………………………………………………………67 CALCULATION WORKSHEET FOR SELF-PERFORMED AND SUBCONTRACT WORK…………………………………………………………………………………………...68

CONTRACTING OFFICERS CHECKLIST FOR OFFERORS……………………………70

ATTACHMENTS……………………………………………………………………………….71

STATEMENT OF BID ITEM(S)

Note 1: It is the intent of the government that award will be made on bid item 1; however, should the bids received exceed the funds available, award will be on bid item 2, bid item 3, or bid item 4, in that order of priority; based on available funding. Bidders are required to offer pricing for all bid items.

Note 2: Bid documents includes both specifications and drawings

OFFERORS MUST PROPOSE A PRICE ON EACH ITEM LISTED AND WILL NEED TO SUBMIT A TOTAL COST FOR EACH BID ITEM.

A. Bid Item 1 – Base Bid: GENERAL CONSTRUCTION - Phases 1-8 as noted below:

Phase 1: Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and certain other items for main Gettysburg entrance road (West Virginia Ave.) located along the eastern limits of the VA campus, including modification to existing road intersections, and traffic signals, along Gettysburg Ave. as shown in drawings.

Phase 2: Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and certain other items for infill of existing main entrance location and modification of Tennessee Ave. located along the eastern limits of the VA campus as shown in drawings.

Phase 3: Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and certain other items for demolition of existing bus building drop off loop (Kenesaw Ave.) and modification of Wisconsin Ave. loop located along the eastern limits of the VA campus as shown in drawings.

Phase 4: Work includes general construction, alterations, roads, walks, grading, drainage, necessary removal of existing structures and certain other items for Liscum entrance located along the western limits of the VA campus as shown in drawings. Work also includes west fence replacement, extents as shown on sheet CI- 001.

Phase 5: Work includes general construction, alterations, necessary removal of existing structures and certain other items for “Ambulance” entrance located along the western limits of the VA campus as shown in drawings.

Phase 6: Work includes general construction, alterations, and certain other items for f site security cameras and call boxes as shown in drawings.

Phase 7: Work includes general construction, alterations, and certain other items for installation of glass break detectors for Day Care Center building (Building 401) as shown in drawings.

Phase 8: Work includes general construction, alterations, necessary removal of existing structures and certain other items for renovation of existing bus station historical building located north of new proposed Gettysburg entrance, including replacement of surrounding concrete paving.

Completion time for Base Bid 1 is 540 calendar days from receipt of the Notice to Proceed.

B. Bid Item 2 - Deduct Alternate 1: Includes all work in BID ITEM #1, BASE BID, except DELETE all labor and materials required for Phase 8 work.

Completion time for Deduct Alternate 1 is 540 calendar days from receipt of the Notice to Proceed.

C. Bid Item 3 - Deduct Alternate 2: Includes all work in BID ITEM #2, DEDUCT ALTERNATE #1 except DELETE all labor and materials required for Phase 7 work.

Completion time for Deduct Alternate 2 is 540 calendar days from receipt of the Notice to Proceed.

D. Bid Item 4 - Deduct Alternate 3: Includes all work in BID ITEM #3, DEDUCT ALTERNATES #2 except DELETE all labor and materials required for the Historical Monument Relocation from Phase 1.

Completion time for Deduct Alternate 3 is 540 calendar days from receipt of the Notice to Proceed.

NOTE: Prior to any mobilization at the site, the VA requires:

1. Security ID Badges for Contract Personnel;

2. Submission and Approval of the Project Schedule;

3. Submittal Checklist;

4. Shop Drawings;

5. Fire and Safety Plans;

6. Training Documents;

7. And any other submittals required before actual on-site construction activities can begin.

Contractor will not be permitted to mobilize and/or preform/complete any construction work on the Dayton VA Medical Center facility until the above requirements are met and/or approved by the Contracting Officer.

SITE VISIT

A ONE-TIME ONLY SITE VISIT IS SCHEDULED FOR:

TUESDAY – DECEMBER 5, 2017

10:00 A.M. LOCAL TIME.

DUE TO SECURITY ISSUES, ALL ATTENDEES MUST BE PRE-REGISTERED IN ORDER TO ATTEND. YOU MUST SUBMIT AN ELECTRONIC REQUEST TO ROBERT.IVEY@VA.GOV TO ATTEND THE SITE VISIT AND IT MUST BE RECEIVED NO LATER THAN 1:00 P.M., LOCAL TIME, ON DECEMBER 4, 2017. YOU MUST LIST YOUR COMPANY NAME, THE NAMES OF ALL ATTENDEES, AND A TELEPHONE NUMBER. NO SUBSTITUTIONS ON THE DAY OF THE SITE VISIT.

IF YOU HAVE NOT PRE-REGISTERED IN WRITING, YOU WILL NOT BE PERMITTED TO ATTEND THE SITE VISIT AND YOU MUST LEAVE THE GROUNDS. THERE ARE NO EXCEPTIONS. DO NOT SHOW UP THE DAY OF THE SITE VISIT AND EXPECT TO ATTEND. DO NOT SHOW UP AT THE CONSTRUCTION SITE AND DO NOT SHOW UP LATE.

YOU MUST ALSO BRING YOUR OWN SET OF SPECS AND DRAWINGS. ALL DRAWINGS AND SPECS ARE LIMITED TO ELECTRONIC FORMAT AND CAN BE OBTAINED FROM THE WWW.FBO.GOV WEBSITE.

NO OTHER SITE VISITS WILL BE SCHEDULED AND ALL INTERESTED OFFERORS ARE STRONGLY ENCOURAGED TO ATTEND.

WE WILL MEET IN THE FIRST FLOOR LOBBY OF BUILDING 408 (COL HARRIS BLDG.), ON THE DAYTON VA MEDICAL CENTER CAMPUS BEGINNING AT 09:45 A.M. LOCAL TIME ON DECEMBER 5, 2017 TO SIGN IN.

REQUEST FOR INFORMATION

ANY QUESTIONS CONCERNING THESE SPECIFICATIONS AND/OR DRAWINGS (TECHNICAL AND/OR NON-TECHNICAL) MUST BE SUBMITTED ELECTRONICALLY TO ROBERT.IVEY@VA.GOV WITH “PROJECT 552-16-101 – IMPROVE CAMPUS ACCESS & SECURITY” IN THE SUBJECT LINE OF THE EMAIL.

ALL QUESTIONS BY EMAIL SHOULD BE SENT AS SOON AS POSSIBLE BUT NOT LATER THAN DECEMBER 15, 2017, 1:00 P.M. (LOCAL TIME).

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by qualified General (Prime) Contractors interested in submitting bids directly from the website at www.fbo.gov.

(b) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

DESCRIPTION OF WORK:

The Contractor shall provide all labor, supervision, materials and equipment to professionally improve campus access and security per the contract documents. The project will involve realignment of the main historical entrance to the facility with the off-ramp from the adjoining highway. The project will install physical barriers at critical locations throughout the medical center as well as create new automation capabilities at each of the gate entrances. The project will install pedestrian sidewalks. The project will install dedicated emergency call boxes throughout the campus. The project will also address security deficiencies as identified in the latest annual physical security survey. The project will include site utilities for future gravesite locator kiosks. Work shall be performed at the Dayton Veterans Affairs Medical Center, located at 4100 West Third Street, Dayton, OH 45428.

Cost Range: $2,000,000 to $5,000,000 (End of Clause)

NOTICE-SAFETY COMPLIANCE REQUIREMENT

OSHA SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

1.) All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

2.) All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

3.) 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.

4.) If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.

5.) The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

6.) This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

See Page 65 for Pre-Award Contractor Safety and Environmental Record Evaluation Form l

NOTICE OF REQUIRED REGISTRATION WITH

CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

1. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $700,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

1. Each contractor whose contract award is estimated to exceed $700,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative.

1. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

1. Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

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

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

State of Ohio ---- County of Montgomery ---- City of Dayton

(End of Provision)

2.4 FAR 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 FAR 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

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

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

(End of Provision)

2.6 FAR 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:

Bob Ivey Contracting Officer

Hand-Carried Address:

Department of Veterans Affairs Service Area Office (SAO) - Central Network Contracting Office (NCO) 10 3140 Governor's Place Blvd. - Suite 210 Kettering OH 45409-1337

Mailing Address:

Department of Veterans Affairs Service Area Office (SAO) - Central Network Contracting Office (NCO) 10 3140 Governor's Place Blvd. - Suite 210 Kettering OH 45409-1337

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

(End of Provision)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— December 5, 2017 at 10:00 A.M. (Local Time)

(c) Participants will meet at— Dayton VA Medical Center - Building 408 (1st Floor Lobby Area) (End of Provision)

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

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

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

(End of Provision)

52.204-7

SYSTEM FOR AWARD MANAGEMENT

OCT 2016

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

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

(End of Provision)

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

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

(End of Provision)

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

(End of Clause)

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

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

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

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

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

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

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

(6) State the form of relief requested; and

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

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

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

(End of Provision)

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

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

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

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

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

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

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

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

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

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

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

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

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

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

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

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

(xvi) 52.223-1, 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 $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(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)…