36C25218B1086-001.docx
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- 676-18-102 SPS Directive 676-18-3-6989-0005 Federal contract opportunity
- Solicitation number
- 36C25218B1086
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Solicitation 36C25218B1086 Correct SPS Directive 676-18-102
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.
1 of 36C25218B1086 X 08-13-2018 676-18-3-6989-0005 676-18-102 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Great Lakes Acquisition Center (GLAC) Department of Veteran Affairs 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Scott Cole 414-844-4809 Project 676-18-102 Correct SPS Directives at the Tomah VAMC, 500 E. Veterans Street, Tomah, WI 54660-3105.
The contractor shall provide for and furnish all labor, superintendence, materials, tools, equipment, transportation, licenses, certification, insurance, temporary protection, minor demolition, abatement, interior build-out, mechanical, electrical, plumbing and fire protection updates for renovation in Bldg 407, 2nd Floor as detailed in the project scope of work, specificati ons and drawings.
The project magnitude range is between $250,000 and $500,000.
NAICS 236220 General Construction / $36.5 Million Small Business Size Standard
Per the authority of 38 U.S.C 8127 (Public Law 109-461), this procurement is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside. IAW VAAR 819.7003(b), at the time of submission of bids, and prior to award of any contracts, the offeror must represent to the CO that it is a (1) SDVOSB eligible under VAAR Subpart 819.70; (2) Small Business concern under the NAICS code assigned to this acquisition; and (3) SDVOSB lis ted as verified in VIP database at: https://www.vip.vetbiz.gov.
To be eligible for award, VAAR § 819.7003(b) requires that in addition to being a small business concern under the applicable NAICS code PRIOR TO AWARD. See Class Deviation-Implementation of the Veterans First Contracting Program as a result of Result of the U.S. Supreme Court Decision, at 24.1.
In addition to the SF-1442 and Bid Schedule, bidders shall submit the Contractor Information form and the Contractor's OSHA & EMR Information with their bid.
All questions regarding this solicitation shall be submitted, via email, to Scott.Cole3@va.gov NLT ten (10) calednar days prior to the IFB closing date as shown on Block 13a below.
Pre-bid site visit is scheduled for Wednesday, August 22 nd at 10:00 AM CST at the Tomah VA Medical Center.
Address: 500 E. Veterans Street, Tomah, WI 54660. Building 407, Room 1724.
Location Point of Contact: Jason.Erdman@va.gov, phone 608-372-3971 ext. 67752
All bidders are responsible for monitoring and downloading any a mendments from FedBizOpps https://www.fbo.gov.
X X 52.211-10 X
ZERO (0)
1:30 PM CST
09-12-2018 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 Govern ment 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 O
F 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
36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 X
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
Page 1 of
Page 1 of Solicitation 36C25218B1086 Correct SPS Directive 676-18-102
BID SCHEDULE
| SOLICITATION: | 36C25218B1086 | |
| BASE BID: | PROJECT 676-18-102 Correct SPS Directive |
Contractor shall provide all labor material and equipment for the required demolition & construction on the 2nd and 3rd floors of building 400 at the Tomah VAMC per plans and specifications. Work includes, but is not limited to phased demolition, installation of electric strikes, automatic door operators, and proximity card readers, electrical lighting installation; minor plumbing and mechanical work.
BID ITEM 1:
Base bid, Lump Sum: $____________________ LUMP SUM
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.
Solicitation 36C25218B1086 Correct SPS Directive 676-18-102 If a product is manufactured to metric dimensions, and those dimensions exceed the tolerances specified in the inch-pound units, a request shall 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.
Solicitation 36C25218B1089 Correct SPS Directive 676-18-102 Page 1 of
(a) This solicitation & all associated bid documents are available to interested parties in electronic file format from www.fedbizops.gov. No hard copy documents will be provided by the government.
(b) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $100,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will result in rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.
(c) The bidder to whom a contract is awarded will be required to furnish a Payment Bond, on form SF 25A, and a Performance Bond, on form SF 25. Each bond shall be issued for a penal sum equal to the value of the awarded contract. Copies of forms SF 25 and 25A may be obtained from the Contracting Officer upon request. Note: Contractors shall use the current SF24 (Bid Bond) and SF25/SF25A (Payment & Performance Bonds) forms, revised 08/2016.
DESCRIPTION OF WORK:
PROJECT 676-18-102 Correct SPS Directive Cost Range: $250,000 to $500,000.
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
Solicitation 36C25218B1086 Correct SPS Directive 676-18-102 Contracting Officer’s Special Instructions as follows:
Requests for information or clarifications to solicitation documents shall be submitted to the pre-award contracting officer, at Scott.Cole3@va.gov, for action no later than ten (10) calendar days prior to the IFB closing date as shown in Block 13 of the Standard Form 1442.
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/Contract Specialist. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACT SPECIALIST 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.
Page 1 of
CONTRACTOR INFORMATION
Solicitation #: 36C25218B1086
Project Number / Name: 676-18-102 Correct SPS Directive________
Name of Company:
Signatory Authority(s):
DUNS Number: _____
TIN Number: _____
Contractor Point of Contact:
Title:
E-Mail Address:
Phone No:
ADDITIONAL PRIME CONTRACTOR SAFETY INFORMATION
Safety or Environmental Violations and Experience Modification Rating Information. The information provided below shall be applicable to Project 676-18-102 Correct SPS Directive:
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 36C25218B1086 for Project 676-18-102 Correct SPS Directive:
Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ Contact: ______________________________________________________
1. Utilizing your OSHA 300 Forms, please complete the following information:
| Category |
| 2014 |
| 2015 |
| 2016 |
| 2017 |
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? ____________________________ |
Solicitation 36C25218B1086 Correct SPS Directive 676-18-102
4. Company’s Insurance Experience Modification Rate (EMR): ____________________________
Correct SPS Directive 676-18-102 (C)
STATEMENT OF WORK
Tomah VA Medical Center
I. GENERAL:
This project will alter rooms in building 400 to meet new SPS directives. This involves work from various trades to alter existing spaces.
II. PROJECT SCOPE OF WORK
The work includes demolition & construction on the 2nd and 3rd floor of building 400 per the plans and specifications. Work includes but is not limited to the following features
A. Provide and construct infection control barriers in accordance plans and specifications.
B. Phase demolition and construction per phasing plan(s) as identified in contract drawings.
C. Remove suspended ceiling grid(s) and acoustical tiles in identified rooms. Inspect existing penetrations in the exposed space above the removed grid and patch any abandoned penetrations and seal around all new or utilized penetrations with an appropriate interior caulk.
D. Remove existing welded seam flooring and/or floor tile per contract drawings. Reinstall with new welded seam resilient flooring.
E. Remove existing wall and ceiling mounted devices per contract drawings.
F. Remove existing cabinetry and plumbing fixtures as identified on drawings.
G. Remove drywall in areas identified in drawings to facilitate removal of in wall plumbing features, installation of new plumbing and electrical devices.
H. Remove and/or modify duct work in areas shown on drawings.
I. Remove/replace solid core wooden door(s) and hollow metal frames in areas shown on drawings.
J. Install access control proximity card readers, electric strikes, and automatic door operators on doors and frames as shown in drawings. Integrate doors into existing Johnson controls P2000 system. This includes adding new field controllers and panels and adding a controller in an existing panel.
K. Install pressure differential monitors at doors as shown on drawings. Integrate pressure monitors into existing JCI DDC system.
L. Remove relocate and install interior partitions is areas shown on drawings M. Install new drywall, patch and paint to match adjacent wall colors as shown on drawings and finish schedule.
N. Install new wall protection covering in altered rooms as shown on drawings.
O. Install new t-grid ceiling in areas where removed. New t-grid shall be gasketed P. Install new acoustical ceiling tiles (rated for clean room use).
Q. Install new electrical lighting in areas sown on drawings R. Install new DX condensing units and ducted fan coil units as shown on drawings S. Install new humidistat in rooms as shown in drawings, and add new mechanical equipment to existing JCI DDC system to monitor and control added equipment.
T. Measure and balance existing and new inlets and outlets as shown on the drawings. Balance air and water side of all new added and altered devices.
U. Install new plumbing pipe, vent, sanitary drain, and insulation. Core through floors as necessary to achieve this. Pressure test all new added pipping prior to putting into service. Sterilize, test and receive acceptable test results (from a certified lab) all new domestic potable water pipping prior to putting into service. Make necessary tap provision to achieve this in the affected areas only.
III. ADDITIONAL REQUIREMENTS
A. Normal working hours are 7:30 am to 4:30 pm. After hours work will be required and shall be coordinated with the building occupants and COR.
B. Contractor shall be permitted to use the elevators to transport equipment and supplies outside normal business hours, provided that the elevator remains available to patients and is kept free of construction debris and dust.
C. Contractor and sub-contractors may use public restrooms.
D. Contractor shall provide Activity Hazard Awareness risk assessment and Safety Plan, E. Contractor shall be required to comply with the General Requirements, Specification 01 00 00, F. Work shall be scheduled as materials are approved, available, delivered on site and ready for installation and shall be installed according to the manufacturer’s instructions and according to the specifications. Submittal requirements include:
1. Material Data Sheets (MDS) for all hazardous materials to be used/kept on the contract site,
2. Manufacturer’s literature, operating and maintenance instructions.
G. The contractor shall provide labor and material necessary to complete the work as shown in the plans and specifications.
H. The contractor shall provide marked up drawings and prepare As-Built drawings.
I. Provide for the safety of all employees, contractors, visitors and others involved with the project site.
J. Provide detailed construction schedule for minimal interference with VA operations.
K. Perform and follow up on final inspection(s). Develop punch list for corrective action. Conduct a detailed inspection including mechanical/electrical spaces, ceiling and chase cavities, and all support areas covered by the contract. Develop punch lists and monitor corrective actions. Participate and support Cx activities.
L. Contractors shall be required to obtain, wear, and return VA Contractor badges.
M. General contractor shall have superintendence physically at the construction site during all construction activities to include off hours work, and correction of punch list items.
N. The following subcontracted features shall be 1st tier subcontracted: Test and balancing, DDC controls, access controls, Mechanical and Plumbing, Electrical, and Demolition.
IV. Time Line:
The period for construction activities is desired to meet the following calendar day schedule:
T1 = Notice To Proceed T1 + 20 days = Pre-construction Kick-Off Meeting scheduled, including all sub-contractors, T1 + 60 days = Submittals and review. Order, transport and delivery of materials.
T1 + 150 days = 50% complete, T1 + 275 days = 100% complete and all systems tested and balanced, T1 + 320 days = Punch List complete and facility turned over for beneficial occupancy, T1 + 350 days = Delivery of marked up drawings for preparation of As-Built drawings, and project closeout.
2.1 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)
(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
(1) The Offeror certifies that—
(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and
(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or
(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance concerns.
(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.
(d) Do not submit an offer unless—
(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or
(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—
(i) Waived application under U.S.C. 2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
(End of Provision)
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of Provision)
2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.5 52.228-1 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 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)
2.6 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:
Hand-Carried Address:
Department of Veteran Affairs
GLAC (36C252)
115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Mailing Address:
Department of Veterans Affairs
GLAC (36C252)
115 South 84th Street, Suite 101 Milwaukee WI 53214-1476
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.7 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— Wednesday, August 22nd at 10:00 AM CST
(c) Participants will meet at— Building 407 Room 1724 at Tomah VAMC, Tomah, WI 54660 (End of Provision)
2.8 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 |
| 52.204-14 |
| SERVICE CONTRACT REPORTING REQUIREMENTS |
| OCT 2016 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT |
| OCT 2015 |
| 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 |
| 52.222-23 |
| NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION |
| FEB 1999 |
| 52.232-38 |
| SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER |
| JUL 2013 |
2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE
RESOLUTION (JAN 2008)
(a) Any protest filed by an interested party shall:
(1) Include the name, address, fax number, and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester's representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.
(End of Provision)
2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)
As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.
(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:
| Deputy Assistant Secretary for Acquisition and Logistics, |
| Risk Management Team, Department of Veterans Affairs |
| 810 Vermont Avenue, N.W. |
| Washington, DC 20420 |
Or for solicitations issued by the Office of Construction and Facilities Management:
| Director, Office of Construction and Facilities Management |
| 811 Vermont Avenue, N.W. |
| Washington, DC 20420 |
2.11 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 236220.
(2) The small business size standard is $36.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $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 52.211-10 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 350 days after receipt of award. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
4.2 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…
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