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Renovate Building 83-2 515-14-108 Federal contract opportunity
Solicitation number
36C25018B0803
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 10

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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.

36C25018B0803 X 06-29-2018 515-18-3-155-0051 515-14-108 36C506 Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Dr.

Lobby M Suite M2200 Ann Arbor

MI

48105 Department of Veterans Affairs Network Contracting Office 10 24 Frank LLoyd Wright Drive Lobby M, Suite M2200 Ann Arbor

MI

48105 Nicholas C. Moses, CTR CS

(734) 222-4349 PROJECT DESCRIPTION: Contractor shall furnish all labor, materials, equipment, tools, and supervision to renovate approximately 18,170 square feet of space in the Nursing Home Care Unit (NHCU) for patient privacy to include semi-private bedrooms in compliance with VA design criteria for the VA Medical Center in Battle Creek, MI.

Refer to the Drawings and Specifications for a complete description of the Task Order requirements. Period of Performance is 365 Calendar Days after receipt of Notice toProceed.

An organized pre-bid site visit is scheduled, see provision 52.236-27 contained herein for details.

This solicitation is 100% set aside for a Service Disabled Veteran Owned Small Business. See VAAR 852.219-10

Bid opening will take place at the date and time specified in block 13A below at Network Contracting Office (NCO) 10, Frank Lloyd Wright Dr., Lobby M Suite 2200, Ann Arbor, MI 48105.

X X 52.211-10 X

2:00 PM

07-31-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(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

Complete and attach the Bid Schedule that begins on Page 03.

DUNS Number:

Federal Tax ID Number:

Email Address:

Y Department of Veterans Affair Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M Suite M2200 Ann Arbor

MI

48105 Department of Veterans Affairs Financial Management System PO Box 149971 Austin

TX

78714-9971 877-353-9791 512-460-5540

BID SCHEDULE

SOLICITATION 36C25018B0803

PROJECT 515-14-108

RENOVATE Bldg.83-2 FOR PATIENT PRIVACY

A. BID ITEM I, BASE BID:

Furnish all labor, materials, equipment, supervision, and all other necessary resources for Project 515-14-108 Renovate Building 83-2 for Patient Privacy Construction that includes demolition, general construction, alterations, non-structural framing, fire suppression, plumbing, mechanical systems, lighting and electrical, med-gas, nurse call and access control, interior finishes and construction of other certain items. per project documents.

Performance Period: 365 Calendar Days after receipt of Notice to Proceed.

Total Bid Item I Base Bid: $________________________ (Lump Sum)

B. BID ITEM II, DEDUCTIVE ALTERNATE 1:

Furnish all labor, material, equipment, supervision, etc. as stated in BID ITEM I except deduct the following work:

a. Deduct the marked area #1 sleeping suite build-out.

b. Exceptions to this deduct are the rough-in for the marked area #1 for future build-out (architectural, mechanical, electrical, and plumbing), temporary lighting in accordance with NFPA 101 Life Safety Code, and shell space fire sprinkler system with upright sprinkler heads on 1” sprigs (for future space fit-out; sprinkler heads spacing shall not exceed 144 sq. ft.; system shall be in compliance with NFPA 13-2013; project specifications, and VA Fire Protection Design Manual) which shall be completed and are not part of this deductive alternate. Refer to drawings.

Performance Period: 300 Calendar Days after receipt of Notice to Proceed.

Total Bid Item II (Base Bid less Deductive Alternate No. 1: $________________________ (Lump Sum)

C. BID ITEM III, DEDUCTIVE ALTERNATE 2:

Furnish all labor, material, equipment, supervision, etc. as stated in BID ITEM II and also deduct the following work:

a. Deduct the marked areas #1 and #2 sleeping suite build-out.

b. Exceptions to this deduct are the rough-in for the marked area #1 for future build-out (architectural, mechanical, electrical, and plumbing), temporary lighting in accordance with NFPA 101 Life Safety Code, and shell space fire sprinkler system with upright sprinkler heads on 1” sprigs (for future space fit-out; sprinkler heads spacing shall not exceed 144 sq. ft.; system shall be in compliance with NFPA 13-2013; project specifications, and VA Fire Protection Design Manual) which shall be completed and are not part of this deductive alternate. Refer to drawings.

Performance Period: 275 Calendar Days after receipt of Notice to Proceed.

Total Bid Item III, (Base Bid less Deductive Alternate No. 1 and less Deductive Alternate No. 2): $________________________ (Lump Sum)

NOTE 1: Bidders shall bid on all items. Failure to bid on all items will be cause for rejection of the bid as being non-responsive and non-conforming to the Invitation for Bids. Award will be made to that responsive and responsible bidder offering the lowest price on the item being awarded (see NOTE 2). Only one contract will be awarded as a result of this Invitation for Bids.

36C25018B0803 Renovation of Buildings for Privacy

NOTE 2: DEDUCTIVE BID ITEMS - A single award will be made on Bid Item No. I, Base Bid but in the event the low responsive and responsible offer exceeds the funds available, a single award will be made to the lowest responsive and responsible bidder providing the lowest price on either Bid Item II or Bid Item III in that order of precedence based on available funding.

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS7
1.1 52.216-1 TYPE OF CONTRACT (APR 1984)13
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS15
2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)15
2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)15
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)16
2.4 52.228-1 BID GUARANTEE (SEP 1996)17
2.5 52.233-2 SERVICE OF PROTEST (SEP 2006)18
2.6 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)18
2.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)18
2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)19
2.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)20
2.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)20
2.11 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)20
REPRESENTATIONS AND CERTIFICATIONS22
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)22
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)25
GENERAL CONDITIONS27
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)27
4.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)27
4.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)28
4.4 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)29
4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)30
4.6 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)31
4.7 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)37
4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)38
4.9 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)39
4.10 52.223-20 AEROSOLS (JUN 2016)40
4.11 52.223-21 FOAMS (JUN 2016)40
4.12 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)41
4.13 SUPPLEMENTAL INSURANCE REQUIREMENTS44
4.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)44
4.15 $ 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)46
4.16 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)47
4.17 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)48
4.18 52.236-8 OTHER CONTRACTS (APR 1984)48
4.19 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)48
4.20 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)49
4.21 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)49
4.22 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)51
4.23 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)51
4.24 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)52
4.25 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)52
4.26 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)53
4.27 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002)54
4.28 VAAR 852.236-76 CORRESPONDENCE (APR 1984)54
4.29 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002)54
4.30 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984)54
4.31 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) ALTERNATE I (JUL 2002)54
4.32 VAAR 852.236-83 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS) (JUL 2002)55
4.33 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984)58
4.34 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984)59
4.35 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008)59
4.36 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993)59
4.37 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002)59
4.38 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)61
4.39 VAAR 852.236-91 SPECIAL NOTES (JUL 2002)62
4.40 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)63
4.41 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)63

36C25018B0803

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Page 1 of

Page 1 of

IMPORTANT BIDDER INFORMATION

BIDDING MATERIALS: Bidding materials consisting of drawings, specifications, contract forms and any issued Amendments will be posted at www.fbo.gov . Enter 36C25018B0803 into the search box to access the bid materials. This is the only official location where these documents can be obtained and where updates are posted. No ‘hard copy’ bidding materials are available.

BID SUBMISSION: The following documents are to be included in the bid submission: (1) An original, fully completed and signed SF 1442 Offer page (‘wet ink signature’), (2) Acknowledgment of any amendments issued either via completing block 19 of the SF1442 or completing blocks 15a, b, and c of the Amendment and attaching to the SF 1442 Offer page; (3) original completed bid schedule if one is provided, otherwise bid amounts are entered in block 17 of the SF1442 Offer page; (4) An original completed and signed SF 24 Bid Bond; (5) Completed Representations and Certifications section (FAR 52.204-8, 52.209-5 (Deviation), and 52.209-7); and (6) Fully completed Contractor EMR Certification page.

Bidders are responsible for insuring and verifying their offer and all required bid documents are received at the office designated in block 8 of the SF 1442 and by the date and time specified in block 13A of the SF 1442 (subject to amendment).

PROJECT INFORMATION

PROJECT TITLE AND NUMBER: 515-14-108 Renovate Building 83-2 for Patient Privacy PROJECT LOCATION: VA Medical Center Battle Creek, 5500 Armstrong Rd; Battle Creek, MI 49037 MAGNITUDE OF CONSTRUCTION: Between $2,000,000.00 and $5,000,000.00 TYPE CONSTRUCTION: Building

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE: (NAICS): 236220

Commercial and Institutional Building Construction SMALL BUSINESS SIZE STANDARD: $36.5 Million PERIOD OF PERFORMANCE: 365 calendar days from receipt of Notice to Proceed.

SCOPE OF WORK:

The Contractor shall furnish all labor, material, equipment, supervision, testing, as-built information and all other related information for Project 515-14-108 Renovate Building 83-2 for Patient Privacy at the VA Medical Center in Battle Creek, Michigan.

This project will renovate approximately 18,170 square feet of space in the Nursing Home Care Unit (NHCU) for Patient Privacy to include semiprivate bedrooms in compliance with VA design criteria. A portion of the rooms will be equipped with special needs equipment (i.e. Lift Stations). Secondary Electrical Distribution Systems will also be replaced and upgraded where necessary. New wall & floor finishes will be used to eliminate the existing institutional feeling on the floors. And new nursing stations created at the center of each patient care area, allowing for better observation. Work will include electrical, mechanical, fire suppression, fire alarm, nurse call, med-gas, non-structural framing, and finishes.

The contractor and all sub-contractors will be required to complete annual privacy training by reading and signing the Privacy Training TMS 20939 prior to beginning any work.

The performance period shall be a total of 365 days to complete the construction.

Contractor employees shall not be considered government employees for any purpose under this contract.

Changes may only be made by a written modification which is formally executed by the contractor and the Contracting Officer.

NOTICE TO OFFERORS

The requirements identified within this solicitation fall under Veterans Health Administration’s (VHA) “Minor” or “Non-Recurring Maintenance” programs. Under both programs, VHA must ensure the total cost of the project does not exceed $10 million (design, and construction associated with the project).

This notice is provided to all prospective offerors to ensure they are aware of the strict budgetary limitations associated with this project. In the event pricing offered for the work to be performed under this solicitation would cause the total price of the project to exceed $10 million, this solicitation could be cancelled and a contract award not be made. WAGE DETERMINATION: Department of Labor General Decision Number MI180079 dated 1/05/2018 is included as an attachment to solicitation and is applicable to any resultant contract. If necessary, subsequent revisions will be posted to the solicitation via amendment prior to bid opening. Revision may also be applicable prior to any contract award. Wage decisions are available at http://www.wdol.gov/Index.aspx.

REQUESTS FOR INFORMATION (RFI): To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Solicitation, send via email to darrell.maxwell@va.gov. The subject line of the email must read ‘IFB ## – 36C25018B0803 Project 515-14-108’. RFIs must be specific identifying section, paragraph and page no. of the specifications or cite the drawing number and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be posted to www.fbo.gov as necessary in amendment format. Deadline for submission of RFIs for this solicitation is close of business Tuesday July 24, 2018. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.

TYPE OF SET-ASIDE

THIS SOLICITATION IS A 100% SET-ASIDE FOR SERVICE DISABLED VETERAN OWNED SMALL BUSINESSES (SDVOSB)

SEE THE SOLICITATION FOR ELIGIBILITY REQUIREMENTS.

DATABASE REGISTRATION INFORMATION

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of the Central Contractor Registration (CCR including FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). Federal Acquisition Registrations require that federal contractors register in SAM at www.sam.gov and enter all mandatory information into the system. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

THE EXCLUDED PARTIES LIST SYSTEM (EPLS): To ensure that the individuals or businesses providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Excluded Parties List System (EPLS) located at www.sam.gov for each person or business providing services under this contract. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

VETS-4212 REPORTING REQUIREMENT: Contractors are required to submit a required annual Form VETS-4212, Federal Contractor Veterans' Employment Report in all cases where the contractor or subcontractor has received an award of $100,000 or more in any fiscal year. Contracting Officers are prohibited from awarding a contract to a contractor that has not submitted a required VETS-4212 Report with respect to the preceding fiscal year if the contractor was subject to the reporting requirement of 38 U.S.C. 4212(d). Submit this report as soon as possible, if not already submitted, to avoid delays in the contract award process. For more information on this requirement and/or for completing the web-based reporting form, check the following website: http://www.dol.gov/vets/programs/fcp/main.htm. See FAR provision 52.222-38, Compliance with Veterans' Employment Reporting Requirements (FEB 2016) under the Representations, Certifications and Other Statements of Offerors, and FAR clause 52.222-37, Employment Reports on Veterans (FEB 2016) under the General Conditions.

BONDING INFORMATION

BID GUARANTEE: 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, shall require rejection of the bid in all cases except those listed in Federal Acquisition Regulation (FAR) 28.101-4. Bid Bonds must be provided using Standard Form 24 (see FAR 28.106-1) and the form must be provided in original (no white outs, faxed or copied signatures, seals) with ‘wet ink’ signatures and contain the proper solicitation number, bid opening date, and be from a corporate surety listed in Department of Treasury Circular 570. Individual sureties have to be acceptable to the Contracting Officer (see FAR 28.203) and be accompanied by Standard Form 28 Affidavit of Individual Surety. Other forms of bid security are acceptable as denoted in FAR Part 28.203-2.

PERFORMANCE AND PAYMENT BONDS: In accordance with Contract Clause 52.228-15, and FAR 28.102, Contractors are reminded that any amount awarded over $30,000.00 shall require a Payment Bond (SF 25A), and awards exceeding $150,000.00 shall require both Payment and Performance Bonds (SF 25). Payment and Performance bonds are due no later than 10 days after notification of award. Bonds must be provided with original ‘wet ink’ signatures - no white outs or other corrections are allowable. Copies and facsimiles of bonds shall not be accepted.

SECURITY

BACKGROUND INVESTIGATIONS: All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation is commensurate with the level of access needed to perform the statement of work. This requirement is also applicable to all subcontractor personnel requiring the same level of access.

Levels and associated types of Background Investigations:

· If the project requires that workers have only limited physical access to the VA facility for a period of one year or less, a local flash badge with fingerprint check is issued.

· If the project requires that workers require un-supervised, logical and/or physical access for 180 consecutive or aggregate days in a 365-day period, over a 3 year period, a background investigation may be required (Special Agency Check (SAC)) which must be completed prior to being allowed access.

· If the project requires that workers have access to a VA Network (such as the Building Management System) or un-supervised, full-time, logical, and/or restricted physical access for more than 6 months or more than 180 aggregate days in a one-year period, a background investigation is required (Special Agency Check and National Agency Check with Written Inquiries (NACI)) and access is not allowed until a favorable SAC completion.

All costs for SAC and NACI checks are borne by the contractor. The VA may at its discretion make deductions against the contract in order to recoup the investigation costs. Current cost for a SAC is $30.00 per employee and the current cost for a NACI check is $408.00 per employee (subject to change at any time).

MEDICAL CENTER ACCESS: Anyone participating in the site visit, or for any other reason that involves visiting the medical center related to this solicitation, must have a valid ID on their person and their vehicle must be properly registered and insured. Visitors are prohibited from possessing weapons while on a federal installation (See 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities). Handheld cellphone usage or texting while driving is also prohibited. All VA Medical Centers and associated properties are Federal Property.

PRIVACY TRAINING: All workers regardless of project length must take VA Privacy Training which will be coordinated after project award with the Contracting Officer’s Representative.

E-VERIFY SYSTEM: Companies awarded a contract with the federal government shall enroll in E-Verify within 30 days of the contract award date. They shall also begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. There is no charge to employers to use E-Verify. (FAR 52.222-54).

OTHER IMPORTANT BIDDER INFORMATION

ADDITIONAL PRIME CONTRACTOR INFORMATION- SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATING INFORMATION All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. (using the attached EMR information and certification form) 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.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidders/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.

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 Puerto Rico shall obtain their EMR rating from their state-run worker’s compensation insurance rating bureau.

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 it has assigned Bidder/Offeror a Unity Rating of 1.0.

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 a Determination of Responsibility.

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

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS: The Contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility Green Environmental Management System (GEMS) applicable for the contract. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility GEMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the facility GEMS Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon inclusion in the contract, the Contracting Officer's Representative will verify that all contractor personnel have acquired EMS Awareness Training at their appropriate site or location.

REFERENCES TO VA ENGINEER, RESIDENT ENGINEER, SENIOR RESIDENT ENGINEER, OR PROJECT MANAGER: Any reference contained within contract specifications and/or drawings to the “VA Engineer”, “Resident Engineer”, “Senior Resident Engineer”, “Project Manager”, or their abbreviations are to be replaced with “Contracting Officer’s Representative (COR)”.

PAYMENT FOR MATERIALS STORED OFF-SITE: Payment in advance of installation for materials stored off-site is not authorized under this contract.

SCHEDULE OF MATERIAL SUBMITTALS: The submittals contemplated by FAR 52.236-5, Material and Workmanship, are listed on the Schedule of Material Submittals in the Specifications, if provided. The schedule is for reference only, all submittals required by the contract documents are required.

REVIEW 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 Seal 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 at 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.”

1.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 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)

2.2 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:

Goals for minority participation for each trade
Goals for female participation for each trade
7.2 %
6.9 %

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.228-1 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 25 percent of the bid price or , 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)

2.5 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:

Darrell T. Maxwell Contracting Officer Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Dr.

Lobby M, Suite M2200 Ann Arbor MI 48105 Mailing Address:

Department of Veterans Affair Network Contracting Office 10 24 Frank Lloyd Wright Dr.

Lobby M, Suite M2200 Ann Arbor MI 48105

(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 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— August 02, 2018, 1:00 PM Local Time

(c) Participants will meet at— VAMC 5500 Armstrong Rd,Bldg 9 Rm 106, Battle Creek MI, 49037 (End of Provision)

2.7 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)

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2016
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
JUL 2016
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017
52.211-6
BRAND NAME OR EQUAL
AUG 1999
52.211-10
COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK ALTERNATE I (APR 1984)
APR 1984
52.214-3
AMENDMENTS TO INVITATIONS FOR BIDS
DEC 2016
52.214-4
FALSE STATEMENTS IN BIDS
APR 1984
52.214-5
SUBMISSION OF BIDS
DEC 2016
52.214-6
EXPLANATION TO PROSPECTIVE BIDDERS
APR 1984
52.214-7
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS
NOV 1999
52.214-18
PREPARATION OF BIDS—CONSTRUCTION
APR 1984
52.214-19
CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION
AUG 1996
52.214-34
SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE
APR 1991
52.214-35
SUBMISSION OF OFFERS IN U.S. CURRENCY
APR 1991
52.215-1
INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION ALTERNATE I (OCT 1997) AND ALTERNATE II (OCT 1997)
JAN 2017
52.215-11
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—MODIFICATIONS
AUG 2011
52.215-13
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS
OCT 2010
52.215-16
FACILITIES CAPITAL COST OF MONEY
JUN 2003
52.215-17
WAIVER OF FACILITIES CAPITAL COST OF MONEY
OCT 1997
52.219-9
SMALL BUSINESS SUBCONTRACTING PLAN ALTERNATE I (NOV 2016)
JAN 2017
52.219-27
NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE
NOV 2011

2.8 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)

2.9 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)

2.10 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)

2.11 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) 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 (JAN 2018)

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

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

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a…

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