36C25218B0192-001.docx
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- Multiple Door Replacements Federal contract opportunity
- Solicitation number
- 36C25218B0192
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36C25218B0192
1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6. PROJECT
NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV.
8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that t ime. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b.
An offer guarantee is, is not required.
c.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d.
Offers providing less than _______________________ calendar days for Government accepta nce after the date offers are due will not be considered and will be rejected.
36C25218B0192 X 05-22-2018 578-18-3-6098-0550 578-18-3-0019 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S. 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road Building 1, Room 326 North Chicago IL 60064-3048 Alicia Brister 224-610-3669 Door Replacements 5000 5th Ave, Hines, IL 60141.
Contractor shall furnish all labor, materials, equipment, tools, services, and supervision to remove exiting door systems and replace in multiple buildings. The replacement includes door frame, hardware, door and interior/exterior walls as necessary to accomplish replacement. Project to be performed in a manner least likely to disturb the daily o perations of the Edward Hines, Jr. Va Hospital.
Project Magnitude: $25,000 to $100,000 NAICS: 238350/ Size Standards: $15.0 million
This procurement is a 100% set-aside for CVE-Verified Service-Disabled Veteran-owned Small Business Firms (SDVOSB) per the authority 38 U.S.C. 8127 (Public Law 109-461). In accordance with VAAR 819.7003(b), at the time of submission of bid, the bidder must represent that it is a SDVOSB concern, a small business concern under the NAICS code assigned to the acquisiton, and is CVE verified for eligibility in the VIP database.
Notice: V A and/or a third party (support contractor) will require access to VA contractor records to assess contractor compliance with the limitations on subcontracting requirements included at VAAR 852-219-10. See LIMITATIONS ON
SUBCONTRACTING AND COMPLIANCE
(June 2011).
A pre-bid site visit is scheduled for May 29, 2018 at 11 a.m. Meet at Bldg. 7, Builder Shop.
Submit all questions regarding the solicitation document in writing to the contracting officer by close of business June 13, 2018. Submit to Alicia.Brister@va.gov. Telephone inquiries will not be accepted.
Award is subject to the availability of funds. Only one award will be issued.
All bidders are responsible for monitoring and downloading any amendments from FedBizOpps, https://www.fbo.gov.
x x 52.211-10 X 1:00p.m. CT 07-10-2018 X
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agre es to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
22.
AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (
26. ADMINISTERED BY
27.
PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER
TO SIGN
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE
BY
OFFER
AWARD
STANDARD FORM 1442 (REV. 8/2014) BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14.)
(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
See Bid Schedule 578-3680162-6098-854200-2543 010050192 36C252 Department of Veterans Affairs
GLAC-NORTH CHICAGO IL
3001 Green Bay Road Building 1, Room 326 North Chicago IL 60064-3048 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540
Solicitation Number 36C252-18-B-0192 578-18-0019: Door Replacements Hines VA Hospital, Hines, Illinois
BID SCHEDULE
BASE BID:
Contractor shall provide for and furnish all labor, materials, equipment, qualified supervision, overtime, and other items designated in the provisions of this contract as outlined in the contract specifications, scope of work, and drawings for Project # 578-18-3-0019: Door Replacements project at Hines VA Hospital, 5000 5th Avenue, Hines, Illinois.
Work is to be completed within 180 calendar days of receipt of a Notice to Proceed.
Base Bid LUMP SUM: _______________________________ Cost Range $25,000 to $100,000 NOTICE TO BIDDERS: A single award will be made to the responsible bidder who submitted the lowest responsive bid.
The Illinois Administrative Code, 130.2075 allows construction contractors to be exempt from Retailers Occupation Tax and Use Tax within the State of Illinois when the materials are for Incorporation into real estate owned by Governmental bodies. For purposes of this authority, a Construction Contractor is defined as a General Contractor or a Subcontractor 86 Ill.Adm.Code 130.1940(a)(1). Materials, are defined as all of the tangible personal property, including fixtures, which enter into a structure or otherwise become incorporated into real estate 86 Ill.Adm.Code 130.1940(a)(5), but do not include tools, fuel, lumber for forms and other end use or consumption items which are not incorporated into the real property 86 Ill.Adm.Code 130.2075(d)(3).
Prospective offerors are notified that under 86 Ill.Adm.Code 130.2075, purchase within the State of Illinois to be incorporated into the real property of Edward Hines, Jr. VA Hospital, Hines, Illinois may be exempt from Illinois Retailers’ Occupation Tax and Use Tax. VA will furnish a Certificate to the successful awardee of this solicitation with all required information to be used within the State of Illinois. Prime contractors may furnish the certificate to its subcontractors for use on this project. All bids received in response to this solicitation are presumed to reflect any tax benefit that may be realized upon receipt of this certificate.
METRIC PRODUCTS:
Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.
If a product is manufactured to metric dimensions, and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the COR, will accept or reject the product.
CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS AS FOLLOWS:
Requests for information or clarifications to solicitation documents shall be submitted to the Contracting Specialist at Alicia.Brister@va.gov for action no later than June 13, 2018.
After compiling all required information, submit the information in accordance with the "Bid Due Date" in Block 13 of the SF 1442. Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442
INQUIRIES:
Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contracting Officer. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING OFFICER ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.
CONTRACTOR'S SIGNATURE:
In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:
(a) Individuals: Signed by the individual.
(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".
(c) Partnership: Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.
(d) Corporations: Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.
(e) Joint Ventures: Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.
(f) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.
CONTRACTOR INFORMATION:
| Name of Company: | ||||
| Name: | ||||
| Title: | ||||
| Address: | _______ | |||
| E-Mail Address: | ||||
| Phone No: | _______________ | |||
| TAX ID Number: | ||||
| DUNS Number: | ____________ |
Past Performance Point of Contact (within your company), include name and email address:
ADDITIONAL PRIME CONTRACTOR INFORMATION
Safety or Environmental Violations and Experience Modification Rating Information
Information provided below shall be applicable to Project # 578-18-3-0019 Door Replacements project at Hines VA Hospital:
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.
Pre-Award Contractor Safety and Environmental Record Evaluation Form Information provided below is current and applicable to Solicitation 36C252-18-B-0192 for Project # 578-18-3-0019: Door Replacements at Hines VA Hospital:
Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ Contact: ______________________________________________________
1. Utilizing your OSHA 300 Forms, please complete the following information:
| Category |
| 2013 |
| 2014 |
| 2015 |
| 2016 |
Number of man hours (jobsite and office).
Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).
Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).
Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations.
Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: http://www.osha.gov/pls/publications/publication.html.
| 2. | Provide six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________ |
| 3. | Who administers your company’s Safety and Health Program? ______________________ |
| 4. | Company’s Insurance Experience Modification Rate (EMR): _______________________ |
SCOPE OF WORK
REPLACEMENT OF DOORS AND FRAMES HINES VA
578-18-3-6098-0550
The following Scope of Work (SOW) is to remove and install doors and door frames in multiple buildings on the Hines VA Campus.
General
1. All work conducted under this scope of work shall comply with the VA Master Construction Specifications (MF04) found at http://www.cfm.va.gov/TIL/spec.asp as well as national codes, and industry standards.
2. The Infection Control Risk Assessment for Construction/Renovation Projects and the Pre-Construction/Safety Risk Assessment forms (attached) shall be completed and signed by the contracting officer’s representative (COR) and the contractor’s representative at the Scope Validation Review. The contractor shall follow the described infection control actions for the determined Project Classification (refer to the Infection Control Risk Assessment for Construction/ Renovation Projects form).
3. Provide containment barriers and associated infection control measures, as necessary, throughout the project’s duration (contractor actions per project’s classification as described in greater detail on the Infection Control Risk Assessment for Construction/Renovation Projects form). Deconstruct containment barriers, if any, remove all debris, and clean affected areas once project is complete.
4. All work shall be scheduled to meet requirements of the facility user. Coordinate with M&O [COR –] for access to any patient care areas prior to completing proposal. Work can be done during normal working hours as long as all safety and containment measures are in place. When work is in progress, the contractor shall ensure that patient and staff traffic in the corridor or exam rooms shall not be impeded.
5. The Contractor shall provide an on-site qualified/ working foreman who will REPORT DAILY and submit DAILY LOGS to the COR. All work shall be coordinated and scheduled ahead of time with the COR.
6. A manufacturer’s warranty along with three copies of all operators and technical manuals will be delivered to the Hines VA Hospital upon completion of the project before final payment is issued.
7. The contractor shall dispose of all removed items and debris generated as a result of the work. This work shall be reviewed and coordinated with the COR before actual work commences.
8. Site visits and surveys may be scheduled as needed. The Contractor may arrange site visits with the COR to determine the conditions that may be encountered and to verify the conditions that will be experienced in the accomplishment of this project.
9. Phasing plan, shop drawings, submittals and receipt of all material shall be accomplished before commencement of any work in this area. Contractor is responsible for their own storage and staging operations, services and dumpster.
10. Prior to installation, catalog cuts for materials and equipment utilized for this project shall be submitted to the COR for approval. Provided material/equipment submissions shall state the VA specification reference.
11. The work area will be open to the contractor for the demolition phase. This area shall be made accessible to the COR and any project management personnel at all times. The contractor may barricade the project area from public access as necessary. The contractor‘s work must be coordinated with the COR to insure minimum noise and disruptions to adjoining building occupants, visitors and hospital staff. All demolition barricades will be extensively dust resistant to avoid spreading of debris and dust due to demolition and installation at all times. Entrances and sidewalks, curbs and utilities shall be protected against damage and dust spread at all times.
12. The contractor shall observe and institute all fire and safety code requirements and precautions as observed by NFPA no. 101, life/safety code and the OSHA requirements. The contractor shall also comply with all Hines VA Hospital safety, traffic and parking regulations. SAFETY shoes, goggles, high-visibility vests and hard hats will be utilized by all crews while working and will be monitored daily for compliance. PERSONNEL NOT WEARING Safety apparatus and HARD HATS WILL BE REPORTED TO THE CONTRACTOR and the individual will be INSTRUCTED TO LEAVE THE PREMISES. Contractor shall submit a written report to the VA Safety Engineer explaining the deficiency.
13. Where any work disturbs the walls, pavement, ceilings, partitions, floors, windows, entrances or building structures, etc., or where new and old work join, the contractor shall restore, repair or refinish affected areas or surfaces to their original condition, or as existed before the commencement of this project.
14. Upon completion of the contract, the contractor shall deliver all work complete and undamaged. Any damage that may be caused by the contractor or his work crews or subcontractors to any existing structure, grounds and utilities shall be repaired or replaced to their original conditions.
15. All work areas shall be protected by barricades and safety fencing at all times to ensure safety and protect building occupants and visitors. All dust and debris generated from the demolition shall be monitored by the contractor and kept to an absolute minimum at all times.
16. The contractor shall be responsible for removal of all debris and excess material from the project site daily. The contractor shall use his own dumpster. The project site shall be kept clean daily. All affected areas and adjoining or around the project site shall also be swept clean and free from all debris or obstructions related to the work, and kept accessible to all pedestrians and staff traffic at all times. Under no circumstances will the contractor be permitted to store materials or equipment in any building corridor, hallway or stairwell at any time.
17. Please note that the contractor shall be responsible for the hiring of an abatement contractor (If needed) for asbestos removal. Contractor shall hire a Certified Industrial Hygienist (CIH) for abatement monitoring and reporting.
Construction
1. Contractor shall meet with COR from Engineering Service in order to verbally and visually discuss the criteria for the project and to verify conditions.
2. This project shall be accomplished during normal working hours. And off work hours when necessary to facilitate hospital needs. When work is in progress, the contractor shall ensure that hospital operations are not impeded.
3. The contractor shall provide a construction schedule with estimated completion times. The COR will notify the appropriate staff of the construction activity based off of this schedule.
4. Contractor shall provide all required labor, materials, tools, equipment, and services to remove existing door systems to include door frame, hardware, door and interior/exterior walls as necessary to accomplish replacement. Provide demolition as necessary for removal from masonry, plaster and drywall construction and widths from 5” to 12”. Provide and install new doors and frames and all hardware per master specs similar to Schlage Locksets grade 1 small format interchangeable core , LCN 4040XP door closer, Von Duprin exit devices as necessary to match prior existing. Patch and repair all walls, ceilings and floors to original condition, caulk as necessary interior and exterior and paint doors and frames to as closely match original. All electric strikes, card readers and audible alarm systems are to be reconnected and tested upon completion of installation A site visit is recommended to view types of wall construction doors are installed in and to familiarize Contractors with site conditions. A detailed list of doors is provided as an attachment to this document.
***Period of performance is 180 days***
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
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 |
| 19.6 % |
| 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 Hines, Cook, IL
(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 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)
2.5 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— May 30, 2018 at 11:00a.m.
(c) Participants will meet at— Edward Hines, Jr. VA Hospital Bldg. 7, Builder Shop (End of Provision)
2.6 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 |
| 52.214-3 |
| 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 |
2.7 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)
2.8 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238350.
(2) The small business size standard is $15 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 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 $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[X](i) 52.204-17, Ownership or Control of Offeror.
[X](ii) 52.204-20, Predecessor of Offeror.
[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.
[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.
[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
[](vii) 52.227-6, Royalty Information.
[](A) Basic.
[](B) Alternate I.
[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
| FAR Clause # |
| Title |
| Date |
| Change |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of Provision)
GENERAL CONDITIONS
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
4.2 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.
(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must—
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by—
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.
(End of Provision)
4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a…
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