36C25219B0005-001.docx

36C25219B0005

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C25219B0005 X 10-26-2018 537-19-1-6985-0005 537-19-137 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road Building 1, Room 329 North Chicago IL 60064-3048 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road Building 1, Room 329 North Chicago IL 60064-3048 Angella Sterling 224-610-3650 Project 537-19-137, Steam System Repair, at the Jesse BrownVA Medical Center (JBVAMC), located at 820 S. Damen Avenue, Chicago, Illinois, 60612.

The Department of Veterans Affairs (VA) Veterans Health Administration (VHA) Great Lakes Acquisition Center (GLAC/NCO12) requires a Contractor to provide all labor, materials, tools, equipment, transportation, and qualified supervision to Repair the Steam System for Building 1, Building 11, and Building 40 at the JBVAMC.

This procurement is a 100% set-aside for the CVE-verified Service Disabled Veteran-Owned Small Business (SDVOSB) firms per the authority of U.S.C. 8127 (Public Law 109-461). In accordance with VAAR 819.7003 (b), at the time of bid submission, the bidder must represent that it is an SDVOSB concern, a small business concern under the NAICS code assigned to the acquisition, and is CVE-verified for eligibility in the Vendor Information Page (VIP) database.

Project Magnitude Range: $100,000 and $250,000 NAICS Code: 238220 - Plumbing, Heating, and Air-Conditioning Contractors SBA Size Standard: $15 Million

See 52.236-27 SITE VISIT for information on organized site visit.

Davis-Bacon Wage Rate Requirements as outlined in IL180009 apply to this solicitation.

If submitting a joint venture, offerors must include a copy of the joint venture agreement with their bid.

All bidders are responsible for monitoring and downloading any amendments from the FedBizOpps website at https://www.fbo.gov.

Award will be made to the responsible bidder who submits the lowest responsive bid. A single award will be made, subject to the availability of funds.

x x 52.211-10 X

3:00 PM, CST

11-26-2018 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

BASE BID LUMP SUM: $______________________________________

537-3690162-6985-854200-3220 23NRNR000

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

Table of Contents

CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individual(s):

Contact Person: _____________________ Telephone #: _____________________ Fax #: _____________________ e-Mail Address: ___________________ Tax Identification Number: _____________________ DUNS Number: _____________________

b. GOVERNMENT: Contracting Officer (36C252/90C) Department of Veterans Affairs, Great Lakes Acquisition Center (NCO 12) Capt. James A. Lovell Federal Health Care Center 3001 Green Bay Rd., Bldg. 1, Rm 329 North Chicago, IL 60064-3048

2. CONTRACTOR REMITTANCE ADDRESS: Effective January 1, 1999 all payments by the Government to the contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-34, Payment by Electronic Funds Transfer. Contractor must be registered in the System for Award Management (SAM) database in accordance with FAR Clause 52.212-1(k).

3. INVOICES: Invoices shall be submitted within ten (10) business days after performance and acceptance of services and must include the VA Contract Number, Project Number, Purchase Obligation Number and Detailed description of the services provided. Payment for services provided under the terms of this contract will be made in arrears, within thirty (30) calendar days, upon receipt of properly executed invoice(s) in accordance with:

· 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

· UPON ACCEPTANCE OF SERVICES

· In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with OB10 e-Invoicing network, for submissions of all electronic invoices to VA. OB10 electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with OB10 by submitting an email to VA.Registration@ob10.com or calling 1-877-752-0900 option 2 for Enrollment.

· Contractor shall submit an electronic invoice within ten (10) business days after performance and acceptance of services to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.tungsten-network.com/Login.aspxhttps://portal.tungsten-network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, OB10 customer service may be contacted at 1-877-489-6135.

· All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity provided, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

· For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

4. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 “Electronic Submission of Payment Requests.” to the following web address: http://www.ob10.com/us/en/#&panel1-1.

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS.

For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@ob10.com <http://VA.Registration@ob10.com/>

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>

5. CONTRACT AUTHORITY: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this request. The Contractor shall communicate with the Contracting Officer on all matters pertaining to Contract Administration. Only the Contracting Officer is authorized to make commitments or issue changes that affect pricing, quantities or quality of performance of this contract.

6. SUBMITTAL OF OFFERS: All bids/offers must be submitted to the attention of the Contracting Officer identified No Later Than the date/time specified. Bids/Offers will be received at: Contracting Officer – (36C252/90C), Department of Veterans Affairs, Great Lakes Acquisition Center (NCO 12), Capt. James A. Lovell Federal Health Care Center, 3001 Green Bay Rd., Bldg. 1, Rm 329, North Chicago, IL 60064-3048 until the date and time specified.

NO FAX/ FACSIMILE SUBMITTED BIDS WILL BE ACCEPTED.

All transmittal envelopes or other packaging shall be clearly marked with the solicitation number, offeror’s company name and return address. All offers shall be subject to all terms and conditions of this solicitation.

7. QUESTIONS: Requests for Information (RFI) to solicitation documents should be submitted in writing to the Contract Specialist at: angella.sterling@va.gov by November 13, 2018 at 5:00 pm, CST. No telephone responses will be accepted. NOTE: All questions must reference in the Header or Opening Statement the Project #, the IFB #, and the Description of the project.

8. All offers must be submitted to the attention of the Contracting Officer identified and listed on the Standard Form 1442, Block 9a and to the address identified on the Standard Form 1442, Block 13.

For instructions on filling out his solicitation request, see include pages “FAR 52.212-1 Instructions to Offerors—Commercial Items (JUNE 2008)”.

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Project 537-19-137 Steam System Repair. The Contractor shall provide all labor, tools, materials, equipment, transportation, and qualified supervision needed to repair the steam system for Building 1, Building 11, and Building 40 at the Department of Veterans Affairs, Jesse Brown VA Medical Center, 820 S. Damen Avenue, Chicago, IL, 60612.

GRAND TOTAL

A.2 STATEMENT OF WORK

Chicago IL 60612

The Certification and Accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required.

Part 1: Project Scope of Work Overview:

Contractor shall provide all tools, materials, components, labor, equipment, and qualified supervision to make repairs to the steam system on the designated areas of Building 1, Building 11, and Building 40.

Part 2: Period of Performance (POP):

1. Complete all work including submittals, reviews and quality control within the calendar days from Notice to Proceed (NTP) as shown below.

PERIOD OF PERFORMANCE (IN CALENDAR DAYS)

Accommodate the Period of Performance by including accelerated equipment delivery costs as well as adjusting crew sizes.

Part 3: Detailed Project Scope of Work:

Flange gaskets shall be 304SS and flexible graphite spiral wound metal and threaded stud shall be heat treated (Grade B7). All other replacement material, unless otherwise noted, shall be technical equivalent to the existing components. Work shall include the following:

1. BLDG 40 - Crawlspace: See Exhibit 1 Caption 1 Remove and replace one (1) existing drip trap for the main line (welded connections).

2. BLDG 40 - Room 1600: See Exhibit 1 Caption 2 Remove and replace four (4) steam pressure regulators, one (1) gate valve and related pipe/fitting insulation.

3. BLDG 1 - B403: See Exhibit 1 Caption 3 Remove and replace one (1) pressure regulator. Remove and replace two (2) gaskets for the 5”x4” reducer on the steam pipe. Remove and replace two (2) vacuum and condensate unit including but not limited to motor, starters, float, triple duty valves, expansion joints and related control and isolation valves. Remove and replace related pipe/fitting insulation.

4. BLDG 1 – 4549: See Exhibit 1 Caption 4 Remove and replace two (2) steam pressure regulators and related pipe/fitting insulation.

5. BLDG 1 – Roof (AC 21): See Exhibit 1 Caption 5 Remove and replace twelve feet (12-ft) of the existing exterior steam line including a 45-degree bend and related pipe/fitting insulation.

6. BLDG 11B-B340: See Exhibit 1 Caption 6 Remove and replace two (2) steam pressure regulators and related pipe/fitting insulation.

7. Asbestos Abatement: See Exhibit 1 Caption 7 Complete asbestos abatement for piping/fitting insulation of the equipment listed above using glovebag removal. Asbestos expected in all building EXCEPT Building 40.

Construction Progress Meetings: The Contractor’s Project Manager and Field Supervisor shall provide weekly telephone conference calls / construction progress meetings with the Contracting Officer’s Representative (COR) for the entire period of performance.

· The Safety Officer is not required to attend.

· Subcontractors Project Managers are required for attendance.

· Include minutes of the meeting and issue not later than one (1) day after the meeting. Both PDF and Word/Excel format

· Construction Progress Meetings Minutes shall contain: list of attendees, list any issues or concerns, indicate days remaining per the contract, detail any safety incidents, RFI log, Shop Drawing Log, detailed 2-week look ahead and shutdown schedule.

At 25% completion, 50% completion, 75% completion, and 95% completion, coordinate with the COR for walk through inspection with the VA Shops. The Contractor shall have the Foreman from all trades attend. The VA Shops that will attend is the following: AC, Electrical, Plumbing.

Daily Report: The Contractor shall provide a Daily Report in compliance with VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL. The Daily Report shall contain: list any issues or concerns, indicate days remaining per the contract, detail any safety incidents, detail daily construction safety inspections including items checked and corrective actions taken, and include relevant construction progress photo(s). Email the Daily Report to the COR not later than 9 am the next working day.

Part 4: Submittals and Milestone Deliverables:

1. KICK-OFF MEETING with DOCUMENTATION

a. The Contractor Project Manager and Field Supervisor shall attend a Preconstruction Safety Meeting, to discuss the project details.

b. Submit: Provide a FULLY LOADED COST SCHEDULE meeting the requirements of the VAAR 852.236-84 SCHEDULE OF WORK PROGRESS. Not less than 1 item per subcontractor. Additionally, include any expected system shutdowns and off hours work.

c. Submit: LIST OF ALL CONTRACTORS AND SUBCONTRACTORS: company names, office address and main point of contact name with telephone number

d. Submit: CONSTRUCTION SAFETY PRECAUTIONS with project specific procedures, processes, analysis and details including but not limited to:

i. CONSTRUCTION SAFETY PLAN, LOCK OUT TAG OUT (LOTO), PERSONAL FALL ARREST SYSTEM, CONFINED SPACE PLAN

ii. ACCIDENT PREVENTION PLAN (APP) project specific

iii. ACTIVITY HAZARD ANALYSIS (AHA) project specific

e. Submit: CONSTRUCTION INFECTION CONTROL / DUST CONTROL PRECAUTIONS including:

i. Provide project specific details for construction infection control / dust control precautions for review and approval of the VA.

ii. In preparation of this item: Coordinate and meet with the COR in completing the VA’s Infection Control Risk Assessment documentation which is needed to obtain approval of the CONSTRUCTION INFECTION CONTROL / DUST CONTROL PRECAUTIONS by VA Infection Control. Include one on-site meeting with the VA COR in perpetration and one on-site meeting with the VA COR and the VA Infection Control Staff.

f. Submit: SHOP DRAWINGS AND PRODUCT LOG:

i. List all shop drawings and products in the submittal log.

g. Submit: Scanned copy of all workers OSHA Construction Safety Training certificates.

2. SHOP DRAWINGS AND PRODUCT SUBMITTALS

a. The Contractor shall provide all shop drawings and product submittals by email to the COR.

3. MOBILIZATION ON SITE INCLUDING PERFORMANCE OF THE WORK

a. Contractor shall not mobilize on site until all KICK-OFF MEETING AND DOCUMENTATION and SHOP DRAWINGS AND PRODUCT SUBMITTALS are reviewed and accepted by the VA.

b. Approval to mobilize shall be in writing by the COR.

c. Post and maintain emergency contact information, VA’s Infection Control Risk Assessment and other information required by the COR, on the wall at all entry points to the worksite

4. ACCEPTANCE AND CLOSE OUT

a. Statement from the Contractor that the Work is Substantial Complete:

i. The final construction inspection and the related work corrections shall be completed before the end of the period of performance. Prior to expected Substantial Completion, at 75% construction complete or as noted on the construction project schedule, notify the CO and COR. Provide the following:

1. This notification will allow the COR to coordinate with Designer of Record for final construction completion inspection.

2. This notification will allow the COR to coordinate with Operations and Maintenance Staff’s schedules to accommodate Demonstration and System Training.

3. With this notification, the Contractor shall provide the COR a list of items that are incomplete / incorrect. This list of incomplete / incorrect items will allow the Project Team to understand what work remains so that construction inspection findings are not incorrectly identified as a deficiency.

ii. At Substantial Completion, the Contractor shall notify the CO and COR in writing that work is complete and the Contractor has completed their quality control measures.

b. Demonstration that the work is complete

i. The Contractor shall demonstrate the operation of the system(s).

ii. Provide factory startup and certification of all systems.

iii. Newly installed piping and distribution system components shall be flushed and disinfected prior to being placed in service. Include documenting completion

iv. Schedule the demonstration with the COR, 7 days in advance so that the VA Operations and Maintenance staff and the Designer of Record can attend.

v. One demonstration of the correct operation of the system is required. Coordinate for during the day, however if staff and patients are impacted by the demonstration then it shall be scheduled at night or on the weekend.

vi. If the demonstration does not show expected operation, the Contractor shall make required system adjustments and reschedule and retest.

vii. This demonstration is not to be combined with the System Training functional performance testing.

c. Close Out Records: Provide three printed sets and three compact discs with electronic files of the following:

i. The Contractor shall provide an itemized spreadsheet with all installed equipment and parts. The spreadsheet shall include but no be limited to manufacturer, model number, location (building and room number), tag number, capacity, setting, pressure, flow, etc.

ii. Approved shop drawings

iii. Operations and Maintenance Manuals (all product data sheets must have the installed product highlighted)

iv. Spare parts listing

Part 5: Applicable Performance Standards

1. All work shall comply with

a. All VA Policies including and not limited to: VA Construction Safety and VA Infection Control Policies.

b. Codes, Standards and Executive Orders (Topic 1) found http://www.cfm.va.gov/til/cPro.asp

2. All persons including subcontractors shall have completed the 30 Hour OSHA Construction Safety Training program.

3. The Prime Contractor shall have a Competent Supervisory Person on site at all times when any worker(s) or sub-contractors are present.

4. All persons working on any electrical systems rated 50 volts or more shall have the minimum qualification as a State Licensed Master Electrician or Registered Journeyman Electrician, all activities shall follow the safe work practices in compliance with NFPA 70E Electrical Safety in the Workplace.

5. The Contractor shall provide mitigating activities as outlined in the CONSTRUCTION SAFETY PRECAUTIONS and CONSTRUCTION INFECTION CONTROL RISK ASSESSMENT / DUST CONTROL PRECAUTIONS including but not less than the following:

a. Fire extinguishers, pedestal mounted in the area of work

b. Walk off dust mats, inside and outside all entry / exit points to the workspace, changed not less than daily or more as required by the construction or COR.

c. Block off all HVAC return ductwork and lovers so not to introduce dust into the HVAC system.

d. Provide a plastic dust tight temporary construction barrier to isolate the area of work.

e. No trash, used packaging or construction spoils shall be stored on site. Remove each day using covered gondolas.

f. Broom sweep the work area at the end of each day. Provide HEPA vacuum and wet mop daily where broom sweeping creates undesired dust.

6. All work will be provided with 1-year parts and labor guarantee from date of acceptance by the VA.

Part 6: Jesse Brown VAMC Additional Requirements

1. Project number and the contract number in the subject line of all emails

2. Comply with all Jesse Brown VAMC site specific requirements and SOPs including and not limited to: Key Policy, Badging Policy, Rules of Behavior, and Smoking Policy.

3. Normal construction work hours are 7:00 am to 3:30 pm Monday through Friday.

a. Normal work hours can be modified only by written approval of the COR.

b. No work by the Contractor on Federal Holidays and no work on the weekend when the Federal Holiday is on the respective Monday or Friday.

c. Any work including and not limited to: noise, vibration, dust, odors, core drilling, hammer drilling, saw cutting, equipment moving in public corridors, soil compaction shall be performed between 6:00 pm through midnight concluding by 6 am on the following day.

d. The Contractor shall check in (in person) with the Administrative Officer of the Day (AOD) which is located in Patient Admitting for any work between 6:00 pm through midnight to 6:00 am or any time on weekends. Provide the name and cell number of the on-site supervisor to the AOD. At the completion of the work, check out with the AOD.

4. All building systems will be maintained in full operation always:

a. Request system shutdowns in writing not less than 7 calendar days in advance.

b. Shutdown work shall be during low patient time and performed between Saturday 6 pm through midnight concluding by 6 pm on the following Sunday.

5. Deliveries, Parking, Elevators:

a. Deliveries only at the Polk Street dock, and coordinated with the COR. At time of delivery: provide vehicle information to the VA Police and remove the vehicle as soon as delivery is complete. Move materials in public corridors during low patient time and performed between 6 pm through midnight concluding by 6 am on the following day.

b. No on-site parking or parking in the VA garage. Utilize street parking or other parking structures such as the Cook County Juvenile Parking Garage at their daily rate. The existing JB VAMC parking garage is at capacity and reserved for patients and staff.

c. Contractor shall use Freight Elevators. Do not move materials and employees in passenger elevators unless written approval by COR.

6. Contractor may provide construction dumpsters with a surrounding safety fence. Pavement to be protected from damage of loading and unloading the dumpster and dumpster weight. Located on the Polk Street Dock. Provide recycling and receipts from the salvage / deposal service in compliance with VA’s GEMS Policy.

7. No on-site office or on-site storage / office container shall be allowed. Provide ‘just in time delivery and pickup’. Coordinate with COR for staging within the area of work.

8. No music radios. Two-way communications radios are allowed where broadcast frequency is approved by COR.

9. All work in the JB VAMC crawl spaces shall be planned and carried out as OSHA Permit Required Confined Space.

10. Immediately stop work and notify the COR if asbestos is noticed or suspected in the work area.

11. Before starting work the Contractor shall give three (3)-day notice to the COR so that security arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section.

12. No photography of VA premises is allowed without written permission of the COR.

13. VA reserves the right to close-down or shut-down the project site and ask Contractor’s employees off the premises in the event of a civil emergency or operational requirement. The Contractor may return to the site only with the written approval of the COR.

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INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 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)

1.2 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if—

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government; or

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer.

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

(End of Clause)

1.3 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

In accordance with section 806(a)(3) of Pub. L. 102-190, as amended by sections 2091 and 8105 of Pub. L. 103-355 (10 U.S.C. 2302 note), upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to 40 U.S.C. chapter 31, subchapter III, Bonds, the Contractor shall promptly provide a copy of such payment bond to the requester.

(End of Clause)

1.4 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) "Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and—

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/ Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of—

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of—

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address] Issue Date_____________________________________________________________ Irrevocable Letter of Credit No._______________________________________ Account party's name___________________________________________________ Account party's address________________________________________________ For Solicitation No.___________________________________________________ (For reference only) TO: [U.S. Government agency] [U.S. Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $________. This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ________, or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No.___ (Insert version in effect at the time of ILC issuance, e.g.,“Publication 600, 2006 edition”) and to the extent not inconsistent therewith, to the laws of ___[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, __________________________________________ [Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

[Confirming Financial Institution's Letterhead or Name and Address] (Date)____________________ Our Letter of Credit Advice Number__________________________________________________________ Beneficiary:___________________________________________________________ [U.S. Government agency] Issuing Financial Institution:_________________________________________ Issuing Financial Institution's LC No.:________________________________ Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by __________ [name of issuing financial institution] for drawings of up to United States dollars __________/U.S. $__________ and expiring with our close of business on __________ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ____________.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No.___ (Insert version in effect at the time of ILC issuance, e.g.,“Publication 600, 2006 edition”) and to the extent not inconsistent therewith, to the laws of___[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, ______________________________________________________________________ [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit: SIGHT DRAFT ______________________________________________________________________ [City, State] (Date)____________________ [Name and address of financial institution] Pay to the order of____________________________________________________ [Beneficiary Agency] __________ the sum of United States $ __________. This draft is drawn under______________________________________________ Irrevocable Letter of Credit No._______________________________________.

____________________________ [Beneficiary Agency] ____________________________ [By] (End of Clause)

1.5 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT 2010)

(a) Definitions. As used in this clause— "Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of Clause)

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

When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.

(End of Clause)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

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

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

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

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

(End of Provision)

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action…