36C25220B0002-001.docx

36C25220B0002

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)

1. 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.

36C25220B0002 X 10-24-2019 676-20-1-6930-0001 676-18-203 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 Jessica Rasmussen jessica.rasmussen3@va.gov Project 676-18-203 Correct SPS Deficiencies B452 at the Tomah VA Medical Center, Tomah, WI 54660

Contractor must furnish all labor, materials, equipment, and supervision in accordance with specifications & drawings to complete Project # 676-18-203, full interior renovation of Building 452 at the Tomah VA Medical Center. Project includes tasks as outlined in the scope of work.

All work shall be completed within 280 calendar days from issuance of th e Notice to Proceed.

Project Magnitude Range: $2,000,000 and $5,000,000 NAICS 236220: Commercial and Institutional Building Construction SBA Size Standard: $36.5 Million

This procurment is a 100% set-aside for CVE verified Service-Disabled Veteran-Owned Small Business Firms (SDVOSB) per the authority 38 U.S.C. 8127 (Public Law 109-461). In accord ance with VAAR 819.7003(b), at the time of submission of bid, and prior to award of any contract, the bidder must represent to the CO that it is: (1) a SDVOSB eligible under VAAR Subpart 819-70; (2) a Small Business concern under the NAICS assigned t o this acquisition; and (3) a SDVOSB listed as verified in the VIP database at: http://www.vip.vetbiz.gov.

Submit all questions regarding the solicitation, specifications, and/or drawing s in writing to the Contracting Officer, Jessica Rasmussen, no later than 2:00 PM (Local Time) on November 15, 2019. Questions received after this deadline may not be addressed. See 52.236-27 SITE VISIT for information on an organized site visit.

TELEPHONE INQUIRIES WILL NOT BE ACCEPTED.

NOTICE: VA and/or a third party (support contractor) will require access to VA contractor records to assess contract compliance with the limitations on subcontracting requirements included in FAR 52.219-14. See LIMITATIONS ON

SUBCONTRACTING AND COMPLIANCE.

If submitting as a joint-venture, offerors must include a copy of the joint-venture agreement.

All bidders are responsible fo r monitoring and downloading any amendments from FedBizOpps at www.fbo.gov

X X 52.211-10 X

2:00PM

12-03-2019 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

See Bid Schedule

676-3600162-6930-854200-3220 23NR0MA04

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

BID SCHEDULE

Solicitation Number 36C25220B0002 676-18-203 Correct SPS Deficiencies B452 Tomah VA Medical Center, Tomah, WI

BASE BID: Contractor shall furnish all labor, materials, equipment and supervision in accordance with the specifications and drawings to correct Sterile Processing Service Deficiencies in Building 452 of the Tomah VA Medical Center, Tomah, WI. The project includes a full interior renovation of Building 452.

Period of performance is 280 calendar days.

Base Bid Lump Sum: $________________________

---END---

NOTICE TO BIDDERS: Award will be made to the responsible bidder who submitted the lowest responsive bid.

NOTICE TO BIDDERS: Work shall not commence until all required submittals are approved by the Contracting Officer or the Contracting Officer’s Representative (COR). An approved cost-loaded, Critical Path Method (CPM) construction schedule is required prior to commencement of construction. CPM schedule shall be approved by the Contracting Officer or the Contracting Officer’s Representative. See specifications for details.

CONTRACTING OFFICER SPECIAL INSTRUCTIONS AS FOLLOWS

PROJECT 676-18-203 Correct SPS Deficiencies B452

Requests for information or clarifications to solicitation documents shall be submitted to the Contracting Officer at jessica.rasmussen3@va.gov for action no later than November 15, 2019.

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 referenced in the solicitation. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING OFFICER ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

CONTRACTOR'S SIGNATURE:

In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:

(a) Individuals: Signed by the individual.

(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".

(c) Partnership: Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.

(d) Corporations: Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.

(e) Joint Ventures: Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.

(f) Agents: When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

ADDITIONAL PRIME CONTRACTOR INFORMATION - Safety or Environmental Violations and Experience Modification Rating Information Information provided below shall be applicable to solicitation 36C25220B0002 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

Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ DUNS Number: ________________________________________________ Contact: ______________________________________________________

1. Utilizing your OSHA 300 Forms, please complete the following information:

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.

CONTRACTOR INFORMATION:

TAX ID Number:

DUNS Number:

Past Performance Point of Contact (within your company), include name and email address:

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(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 $3,000,000. Failure to furnish the required bid guarantee on form SF 24, in the proper 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.

(d) Bidders are to ensure the most current version of SF24, SF25, and SF25A bond forms are used. Current versions of these forms can be found and downloaded from the GSA Forms Library (https://www.gsa.gov/portal/forms/type/TOP).

Description of Work: Correct SPS Deficiencies B452 Cost Range: $2,000,000 - $5,000,000

SCOPE OF WORK

Project 676-18-203: Correct SPS Deficiencies Building 452 I. GENERAL: This project shall consist of a full interior renovation of building 452. Building 452 is located on the Tomah VAMC campus. The building will be fully vacated and thus will not require phased construction. This project includes but is not limited to the following items.

a. Remove, transport, handle, stage and re-install all excess equipment and furniture in building 452. The VA shall provide a temperature controlled storage area. Existing built in and free standing equipment currently in B452 will be reutilized in the renovated space at the end of construction. Contractor shall also install VA furnished contractor installed equipment (see equipment schedule).

b. Install temporary fencing, provide job trailer, ICRA barriers, and install & maintain SWPP BMP’s and catch basin filters in accordance with project drawings and specifications. Provide and maintain for full duration of construction project.

c. Provide superintendence and quality control for full duration of construction. Provide qualifications, education, resume and job experience of the proposed quality control and superintendent. Approved quality control and superintendent shall physically be on the construction site when construction is being performed-no exception(s). Quality control individual shall meet all the requirements in the specifications-no exception(s). Quality control shall have written authority from the General Contractor to suspend any feature of work and have subcontractor personnel removed from the construction project at their discretion. The superintendent and quality control shall be responsible for safety inspections and oversight, and both individuals shall hold a current 30 hour osha training certificate (issued within the last 3 years). The superintendent and quality control may not be the same individual (no exception).

d. Provide temporary heating units, fuel source (propane or natural gas), fuel source tank, temporary heating plan for the duration(s) as outlined in drawings and specifications. General Contractor shall be responsible all costs associated with providing temp heat. Temporary heating units shall maintain an interior space temperature of 70°F for full duration of construction activities. Temporary heating units and capacity shall be sized as such to achieve this without use of existing utility or HVAC equipment/services currently available at the building or campus.

e. Remove and replace all supply, return, and exhaust ducting per drawings and specifications. Remove and replace zone terminal units and associate hot water piping in accordance with project drawings and specification . All ducting and shall receive new insulation, supports, balance valves, markings and required fire dampers. Any remaining ducting that is not replaced shall receive professional cleaning prior to starting any air handling equipment. New hot water piping shall also receive new insulation, isolation valves, supports, balance valves, markings and include a full system flush. Existing piping and heat exchangers shall also receive a full system flush prior to putting into service and/or connecting to the new piping system. Inspect and clean all existing and new strainers after system cleaning and flush.

f. Remove and replace all interior walls, doors, door frames, flooring, wall coverings and ceiling in accordance with drawings and specifications.

g. Remove and replace existing lateral structural bracing in accordance with plans and specifications.

h. Saw cut and remove sections of slab on grade concrete in order to remove existing sanitary drain piping and install new below grade sanitary drain piping in accordance with drawings and specifications. All plumbing work shall be performed by unrestricted state licensed journeyman plumbers. Splice/dowel in new reinforcing steel into existing slab and steel reinforcement. Place new concrete & vapor barrier in accordance with drawings and specifications.

i. Remove and replace all existing potable water piping (hot & cold), pipe insulation, supports, and isolation valves. New piping shall be kept clean throughout construction. Clean & flush the entire building’s potable water system and sterilize in accordance with AWWA C651. Provide the services of an independent subcontractor (1st tier to General Contractor) that specializes in potable water system sterilization to perform this service. All plumbing work shall be performed by state licensed unrestricted journeyman plumbers. Install in accordance with drawings and specifications.

j. Remove and replace existing branch circuit wiring, light fixtures, electrical pathways, back boxes etc. to include electrical distribution panels within the facility in accordance with drawings and specifications. Install new branch circuit wiring, pathways, light fixtures, distribution panels in accordance with drawings and specifications.

II. CODES, REGULATIONS AND STANDARDS: The following codes and regulations shall be used for the construction of this project, whether or not they have been legally adopted by an agency or jurisdiction. Errata, supplements, etc. shall be considered part of the codes. Standards and other publications referenced by the following codes and regulations shall be followed. The codes listed below may not be all inclusive.

a. General Wisconsin Building Code International Building Code NFPA 101 Life Safety Code, National Fire Protection Association NFPA Fire Codes with the exception of NFPA 5000 and NFPA 900, National Fire Protection Association OSHA Standards Guidelines for Design and Construction of Residential Health, Care, and Support Facilities, The Facilities Guidelines Institute Energy standard for buildings – ASHRAE 90.1-2013

b. Mechanical Wisconsin Mechanical Code International Mechanical Code, International Code Council Ventilation for Acceptable Indoor Air Quality – ASHRAE Standard 62.1 Sheet Metal and Air Conditioning Contractors' National Association

c. Plumbing Wisconsin Plumbing Code International Plumbing Code, International Code Council National Standard Plumbing Code (NSPC) Code for Pressure Piping, American Society of Mechanical Engineers (ASME)

d. Electrical Wisconsin Electrical Code, International Code Council National Electric Code, NFPA 70, National Fire Protection Association

e. Federal Regulations The following is not an all-inclusive list of federal regulations that apply to the design of this project. This design shall comply with all applicable federal regulations whether or not they are in the following list:

· 29 CFR OSHA 1926 & applicable OSHA 1910 requirements

· EPA National Pollutant Discharge Elimination System(s)

f. VA Standards The Department of Veterans Affairs Office of Construction & Facilities Management provides numerous documents pertaining to the construction of facilities for the department. The General Contractor shall use the resources provided to minimize errors in the construction. As a minimum the General Contractor shall use the current TIL – Design Alerts and TIL – A/E Quality Alerts as part of the quality control procedures (ref: http://www.cfm.va.gov/til/index.asp).

VA Standards for Construction:

PG-18-1 Master Construction Specifications

DESIGN AND CONSTRUCTION PROCEDURES (PG-18-3)

III. GENERAL CONTRACTOR’S REVIEW OF SUBMITTALS AND MATERIALS: All submittals shall be reviewed and inspected by the General Contractor’s approved quality control personnel prior to submitting to the VA for review and approval. The General Contractor’s Quality Control representative shall also inspect all materials delivered to the site shall be compared to approved submittal documents and specifications for conformance to project requirements. Repeated misses (regularly rejected submittals or observed un approved materials on site) amounting to or equal to 12 documented instances shall be grounds to remove the General Contractor’s Quality Control personnel, the Superintendent and General Contractor’s Project Manager. Observed and or documented instances does not require concurrence for the General Contractor and the aforementioned personnel shall be removed from the construction project and construction halted until field and administrative personnel are replaced and on site. Should this occur the General Contractor will not be given any time extensions or reimbursed for remobilization fees.

IV. SUBMISSION OF AS-BUILT DRAWINGS: Upon completion of construction services the General Contractor shall provide one (1) copy of the contractor’s working drawing from which the A/E will produce a working set of as-built drawings. Drawings shall be due by no later than 30 calendar days after the substantial completion of construction work.

V. The General Contractor is totally responsible for the detailed accuracy and adequacy of the 100% complete working drawings. It is the VA’s intentions to hold the General Contractor responsible for “any errors or deficiencies in their as built drawings, and other services.” Such errors or deficiencies shall be corrected without additional compensation. Furthermore, “the General Contractor shall be and remain liable to the Government for all damages caused by negligent performance of any services furnished under this contract”.

VI. ADDITIONAL REQUIREMENTS:

a. Construction Duration is 280 calendar days

b. Contractor shall maintain construction area neat and presentable. Clean construction areas daily and/or after each shift.

c. Provide detailed phased construction and utility interruptions for minimal interference with VA operations. Provide 2 weeks advance notice (in writing) prior to scheduling any utility outages.

d. Provide for the safety of all employees, contractors, visitors and others involved with the project site.

e. Provide coordination drawings for review and approval prior to commencing or scheduling preparatory quality control meetings.

f. Provide complete details necessary to show all work required. Show extent of any demolition, cutting, coring, etc., required along with all necessary details for repair/restoration. Include all modifications, rerouting etc., of existing services or construction serving other areas.

g. Provide access to VA staff and other contractors not employed by the General Contractor into the space as directed by the COR.

h. Remediate damaged exterior and interior existing conditions due to construction activities. Provide photographic time stamped documentation prior to mobilizing to the site in accordance with specifications that capture existing conditions. This includes existing built in and free-standing equipment, asphalt, curb and gutter, concrete stairs, interior and exterior brick walls, slab on grade concrete, windows, and mechanical equipment.

i. Perform and follow up on final inspection. 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. Schedule above ceiling and in wall inspections prior to covering up any utility, electrical pathways, wire, ducting, piping, and below grade piping. Incorporate these activities into the construction schedule and allocate at least one full day for each inspection. Notify COR 1 week in advance of all such scheduled inspection(s).

(END OF DOCUMENT)

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36C25220B0002

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 Compliance Requirements for Construction clause of this solicitation.

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(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 20 percent of the bid price or 3,000,000, 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:

JESSICA RASMUSSEN

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— November 5, 2019 from 10:00am to 12:00pm local time

(c) Participants will meet at— Building 23, Room 12322 (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)

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

(End of Clause)

2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

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

(1) Include the name, address, fax number, email 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)

2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

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

Or for solicitations issued by the Office of Construction and Facilities Management:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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…