36C25223B0020_2.docx

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.

36C25223B0020 X 04-04-2023 676-23-2-6941-0001 676-23-007 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 Amy Burger 414-844-4800 x43272 Project Number 676-23-002, Upgrade Electrical Systems, at the Tomah VA Medical Center, 500 Veterans Street, Tomah, WI 54660.

Provide for and furnish all labor, materials, equipment, qualified supervision, and other items designated in accordance with construction documents, drawings and specifications to complete Project 676-23-002 Upgrade Electrical Systems. Work includes but is not limited to:

surge protection, generator fuel tanks, batteries, and heat cables.

Several electrical systems are in need of repair and a few tasks related to those systems are in need of attention.

This procurement is a 100% set aside for CVE Verified Service-Disabled Veteran Owned Small Business Firms (SDVOSB) per the authority 38 U.S.C. 8127 (Public Law 109-461). Project Magnitude = 250,000 to 500,000 NAICS code 238210 (Electrical Contractors); SBA Size Standard $19 M.

In accordance 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 a (1) SDVOSB eligible under VAAR Subpart 819.70; (2) Small Business concern under the NAICS assigned to this acquisition; and (3) SDVOSB listed as verified in the SBA database at: https://veterans.certify.sba.gov/

Submit all questions regarding the solicitation, specifications, and/or drawings in writing to the Contract Specialist, Amy M. Burger, no later May 2, 2023. Questions received after this deadline may not be addressed.

TELEPHONE INQUIRIES NOT ACCEPTED.

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

BID OPENING: May 11, 2023 at 1:00 AM (local time). NOTE: See Contracting Officer's Special Instructions

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

All bidders are responsible for monitoring and downloading any amendments from Contract Opportunities at the following website: https://beta.sam.gov/search?index=opp

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.

X X 52.211-10 X One (1)

1PM

CDT

05-11-2023 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 p erformance 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-th is 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 s pecified) (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

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

VA Project Number: 676-23-002: Upgrade Electrical Systems

Price Range: $250,000.00 to $500,000.00

Base Bid: Contractor shall provide for and furnish all labor, materials, equipment, qualified supervision, and other items designated in this contract in accordance with the specifications and drawings to complete Project # 676-23-002. The Tomah VA Medical Center has a requirement to Upgrade Electrical Systems, Project 676-23-002 on the campus of the Tomah VA Medical Center. The work involves, but is not limited to, all labor, materials, equipment, qualified supervision, and other items designated in this contract to complete Project # 676-23-002: In general, several electrical systems are in need of repair and a few tasks related to those systems, involving batteries, generators, and heat cables, are in need of repair.

All work shall be completed within 180 calendar days after receiving Notice to Proceed.

Base Bid LUMP SUM: _______________________________

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

NOTICE TO BIDDERS: At times, the contractor will be working in occupied buildings and the hospital. Work plans for VA review/approval are required before any work can begin associated with any of the tasks. Outages and shut-downs will need to take this information into account. Off-shift scheduling (nights/weekends) is required for outages, shutdowns, and work directly impacting patient care.

The contractor will be required to keep all other non-impacted roads, walks and entrances to grounds, parking, and to occupied areas of buildings clear of construction materials, debris and standing construction equipment and vehicles. Submittals regarding staging of equipment, crane placement, storage of supplies, etc. are required. Off-hours and/or week-end deliveries of construction equipment or materials may be required.

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.

NOTICE TO BIDDERS: Additional information regarding the general and specific scope of work is defined in the specifications and drawings. This BID SCHEDULE is in addition to and augments the specifications and drawings. ONLY ONE AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION.

-- End BID SCHEDULE -- Contracting Officer’s Special Instructions as follows:

After compiling all required information, submit the information in accordance with Block 13 of the SF 1442 (page 1 of this solicitation). Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442 (page 1 of this solicitation).

Inquiries:

Written requests for information or clarifications to solicitation documents are requested to be submitted to the Contracting Officer at amy.burger@va.gov no later than May 2, 2023 NLT 4:30pm CST. Requests received after this deadline may not be addressed. Telephone inquiries will not be accepted.

Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contracting Officer. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING OFFICER ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

Bid Opening Information:

The bid opening will be conducted on Thursday, May 11, 2023 at 1:00PM local time at the below address:

Department of Veterans Affairs Great Lakes Acquisition Center 115 S. 84th St. 1st Floor Milwaukee, WI 53214-1476 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. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be 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].

(b) Partnerships. A contract with a partnership shall be signed in the partnership name. Before signing for the Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have authority to bind the partnership.

(c) Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. The contracting officer shall ensure that the person signing for the corporation has authority to bind the corporation.

(d) Joint venturers. A contract with joint venturers may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this section for each type of participant. When a corporation is participating, the contracting officer shall verify that the corporation is authorized to participate in the joint venture.

(e) Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) of this section, the agent’s authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

Instructions, Conditions and Other Statements to Bidders/Offerors Due to the COVID-19/FLU protocols, site visits are RSVP only and are limited to 15 people. The first 15 people that RSVP for the site visit will be allowed to attend. It is recommended for attendees to arrive early to get through any screening process involved. If more than 15 individuals RSVP additional site-visits will be coordinated for the following day(s) or the following week.

(b) One organized site visit has been scheduled for— Wednesday, April 13, 2023 at 1:00 p.m. local time in Building 23 Room 12323

Offerors may RSVP to the Contracting Officer’s email address: amy.burger@va.gov.

CONTRACTOR INFORMATION:

TAX ID Number:

UEI 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 $250,000. Failure to furnish the required bid guarantee on form SF24, 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 SF25A, and a Performance Bond, on form SF25. Each bond shall be issued for a penal sum equal to the value of the awarded contract. Copies of forms SF25 and SF25A 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).

Safety or Environmental Violations and Experience Modification Rate 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.

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 EMR, and the anticipated date the EMR may be reduced to 1.0 or below.

Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

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

Pre-Award Contractor Safety and Environmental Record Evaluation Form Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ 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.

676-23-002 Update Electrical Systems Tomah VAMC Statement of Work Background This project will involve several tasks. Several electrical systems are in need of repair and a few tasks related to those systems that need attention. In summary:

Surge protection devices (SPD) for buildings 240A, 401, and 406 main service panels are not working. Those devices need to be replaced as soon as possible, Batteries for DC relay for the primary service switchgear are failing in building 428. The battery system needs to be replaced with new AGM batteries, Generator Fuel Tanks have surface water leaking into fuel and must be corrected, and Heat cable for melting roof ice are needed on buildings 401, 402, 403, 404, 406, 407, and 408.

Scope of Work There four tasks in this scope of work. The contractor shall provide all materials, labor and equipment to demolish and then install new items outlined in the scope of work, specifications, sketches, descriptions, and follow-up discussions.

Task 1: Replace Surge Protection Device for Building 240A, 401, and 406 Main Service Panels The surge protectors are failing or no longer working in these buildings, and they need to be replaced. The surge protectors must be Type 2 per NFPA 70. The existing panels are Square D, QED, Series 2, REV80258-133-06, 60 HZ. Square D must be consulted for the proper size devices. The panel data are:

The surge protectors shall be Square D compatible Surgelogic HL2IMA24C, HL4IMA24C or equal and suitably sized for service.

Task 2: Replace Batteries for DC relay for the Primary Service Switchgear in Building 428 Remove the existing batteries, charger, and storage rack and recycle the batteries in accordance with regulatory requirements. Provide disposal documentation to the COR.

Provide and install new Absorbent Glass Mat (AGM) batteries, compatible charging system, and storage rack sufficient to hold the new equipment, and fits into the available space (6’ Wide X 3’ Deep X 8’ High). The battery system must connect to an existing alarm system that notifies when the relay is activated. Provide commissioning of the battery system. Perform a system test to verify that the new system operates properly. VA shops personnel shall witness the test.

Currently we have 109 cells of 80 A-hr capacity rated at 1.2 V/cell (higher AH to end cell voltage of 1.10V and more to 1.05 V/cell). We will need the same capacity with the AGM battery bank.

Task 3: Mitigate Water Infiltration to Generator Fuel Tanks located at B445, B448 and B424 Tanks 445 and 448 Currently water is infiltrating into the fuel tanks. We want to raise the tank pads and each port hole above the surrounding ground elevation by six-inches. The contractor is responsible for measuring the tank pads and port openings for each pad.

Tanks at generator building 445 and 448: We would like to have a six-inch ring added to each tank port (Interstitial Monitoring, Supply & Return Pipes, Vent, and Fill) openings. The rings should have a seal or be welded to prevent water infiltration. A new concrete pad shall be added to the top of the existing pad. Concrete shall be contoured such that the concrete slopes away from the ring of each port to the outer edges of the pad. At the ring, the concrete will be 6- inches thick and taper to about four inches at the edges. This configuration will promote drainage away from the port openings. A layer of tack coat shall be placed between the concrete layers to bond the two slabs together. Include:

Identification Tags - ports shall be tagged with aluminum name plates embedded in the concrete.

Paint the fill port as shown in the photos, Bollards - An 8-foot tall (4-feet in ground and 4-feet above ground) bollard, 6-inch diameter bollard shall be placed just outside the pad at each corner of the pad. Bollards shall be covered with yellow plastic covers. Holes for the bollards shall be hand dug. The photo shows the typical existing layout.

Tank Pad 445 behind B403 Tank Pad 448 behind B407

Tank 424 (Replace fuel lines and raise pad) Tank at 424 - This tank is in a parking lot. Replace the supply and return pipes because they are deteriorating from exposure to water in the sump. This section of the pad should be dug up as needed to gain access to the pipes for repair. Once the pipes are replaced, the backfill material around the sump should be pea gravel. Patch asphalt around tank pad as needed.

Replace demolished concrete pad.

Supply and Return Lines needing replacement.

Additionally, each port on this tank pad will be raised six-inches. This pad will become an island in the parking lot to prevent parking over the tank. The new pad should have a curb that is about 5 inches high. The new concrete at the raised ports will be about six-inches thick. The elevation difference between the ports and the curb edge will provide a small amount of drainage away from the ports. A layer of tack coat shall be placed between the concrete layers to bond the two slabs together. Include:

Identification Tags - ports shall be tagged with aluminum name plates embedded in the concrete.

Paint the fill port as shown in the photo, Bollards - Six 8-foot tall (4-feet in ground and 4-feet above ground) bollards having a 6- inch diameter. Each bollard shall be covered by a yellow, plastic cover. Each bollard shall be placed just outside the pad at each corner of the pad and at the mid-point of the long side. Bollards shall be hand dug. The photo shows the typical existing layout.

Tank Pad 424 behind B424 (Kitchen Dock) See Appendix B for sketches of existing and proposed conditions.

Task 4: Remove and Replace Heat Cable on Buildings 401, 402, 403, 404, 406, 407, and 408.

We want a heat cable system installed along roof edges, valleys, and down spouts in accordance with manufacturer’s recommended layout and installation requirements. Snow and ice melting systems shall include automatic controls capable of and configured to shut off the systems when the roof temperature is above 45°F and no precipitation is falling, and an automatic control that will allow the system to turn on when the outdoor temperature is 38°F and precipitation is falling so that the potential for snow or ice accumulation is negligible. The system should also be capable of being connected to the building BAS in the future. The specifications provide the salient features of the system.

A design for a snow melt system was recently completed and installed on Building 400. The design should be consulted to develop a list of materials, equipment, and layout for the listed buildings. Sketches of each roof are provided to assist in determining cable lengths and layouts. The contractor shall perform a site visit to determine exact building layouts. The sketches and recent design are provided in Appendix C.

The contractor will be responsible for all new electrical requirements as needed including but not limited to: conduit, breakers, cabling, mounting brackets, circuits or controls.

ADDITIONAL REQUIREMENTS

All work shall be accomplished to reduce impact to normal operational requirements. Systems that must be de-energized for work to be performed must be scheduled two weeks in advance of the shutdown. Work shall be scheduled with the COR and written permission shall be obtained before work starts.

Normal working hours are between 7:00 am to 4:30 pm.

Contractor shall be required to comply with the General Requirements, Specification 01 00 00.

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:

Safety Data Sheets (SDS) for all hazardous materials to be used/kept on the contract site, Manufacturer’s literature, hardware, and installation instructions.

The contractor will be responsible for organizing, scheduling, and facilitating the progress of work and coordinate with the COR.

Contractors shall be required to obtain, wear, and return VA Contractor badges.

Contractors and sub-contractors shall wear proper PPE including safety shoes, safety glasses, and hardhat and additional PPE as required by the task being completed. In this case ARC Flash gear may be required.

Contractors shall obtain the 2022 flu vaccination when available and as appropriate during the period of performance. Evidence of inoculation will be required.

The contractor will be required to follow COVID check-in procedures in effect during the period of performance. Generally, this means answering questions about physical condition and having a temperature taken. The contractor will wear a sticker indicating compliance with daily check-in. Current COVID requirements will be reviewed after award during the project kick-off meeting.

The work area shall be clean and picked up at the end of each day’s work.

The VA does not anticipate lead or asbestos abatement in the project.

Period of Performance The work tasks have significantly different time requirements. It is anticipated that the roofing heat cable installation will take the longest time. The priority for work to be completed is Task 1 and Task 2. These two tasks should be completed in the first half of the time permitted or the first 90 days or so. In general, the Period of Performance for all work tasks shall be:

N = Notice to Proceed N + 15 days = Contracting documents completed N + 30 days = Submittals completed N + 45 days = Mobilize to site to begin work N + 75 days = 25% of the work is complete N + 105 days = 50% of the work is compete N + 135 days = 75% of the work is complete N + 170 days = 100% of the work is compete N + 180 days = Project Closeout

Prepared by: Beth Heim 11/10/2022

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

Tomah, Monroe, Wisconsin (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 $250,000, 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 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

2.7 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:

Ryan McMillin Contracting Officer 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)

2.8 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— Thursday, April 13, 2023 @ 1PM

(c) Participants will meet at— Building 23 Conference Room 12323 (End of Provision)

2.9 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)

2.10 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)

2.11 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 (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $16.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 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) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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 products or commercial services.

(xvii) 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.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xix) 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.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiv) 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.

(xxv)…