36C25225B0007_1.docx

676-22-122 Replace Switchgear Project

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.

1 of 36C25225B0007 X 12- -2024 676-25-1-6959-0001 676-22-122 36C252 Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Greg Block gregory.block@va.gov

Project Number 676-22-122 - Replace Switchgear, Transfer Switch, Generator, & Transformer at Tomah VAMC, Tomah WI 54660

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 # 676-22-122 Replace Switchgear, Transfer Switch, Generator, & Transformer at Tomah VA Medical Center, 500 E. Veterans St, Tomah, WI.

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 Between $1,000,000 and $2,000,000.

NAICS code 238210 (Electrical Contractors and Other Wiring Installation 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, gregory.block@va.gov no later December 30, 2024. 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: January 14, at 10:00 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 w

X 52.211-10 X One (1) 10:00

CST

01-14-2025 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 Attached Bid Schedule 36C252 Department of Veterans Affairs

GLAC-MILWAUKEE (69D)

Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

BID SCHEDULE

Solicitation Number: 36C25224B0007 VA Project Number: 676-22-122 Replace Electrical Switchgear

Price Range $1,000,000 to $2,000,000.

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 # 676-22-122: Replace Electrical Switchgear at Tomah VA Medical Center, Tomah, WI.

All work shall be completed within 270 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.

End of Section

CONTRACTOR INFORMATION

Name of Company:

Address:

City, State, Zip Code:

Primary Point of Contact:

E-Mail Address:

Address:

City, State, Zip Code:

Phone No:

Fax No:

TAX ID Number:

DUNS Number:

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

CONTRACTING OFFICER SPECIAL INSTRUCTIONS AS FOLLOWS

PROJECT 676-22-122: Replace Electrical Switchgear

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:

Requests for information or clarifications to solicitation documents shall be submitted to the Contracting Officer at ryan.mcmillin@va.gov and Contract Specialist, at gregory.block@va.gov for action no later than December 30, 2024. 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 email to the Contracting Officer and Contract Specialist referenced in the solicitation. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING OFFICER / CONTRACT SPECIALIST ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.

Bid Opening Information:

The bid opening will be conducted on Tuesday, January 14, 2024 at 10:00 AM 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: 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 36C25224B0007

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: _______________________________________________________________

UEI #:_______________________________________________________________________

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.

COMPLIANCE WITH VHA DIRECTIVE 1192.01

VHA Directive 1192.01 issued August 10, 2020 requires all contractor personnel to receive annual seasonal influenza vaccinations or obtain an exemption for medical or religious reasons. Compliance with this directive is a requirement of this contract. A copy of VHA Directive 1192.01 is available at this link:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi0t7CAj_DrAhXDgnIEHbVSCwgQFjAAegQIBRAB&url=https%3A%2F%2Fwww.va.gov%2Fvhapublications%2FViewPublication.asp%3Fpub_ID%3D8948&usg=AOvVaw1Rwijbc9Z5WL5ilsgWoagN” or https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8948

INFORMATION REGARDING SOLICITATION MATERIAL, BID GUARANTEE AND BONDS

(a) This solicitation & all associated solicitation documents are available to interested parties in electronic file format format from https://sam.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 $1,400,000. Failure to furnish the required bid guarantee on form SF24, in the proper amount, by the time set for submission of proposals, will result in rejection of the proposal in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The offeror to whom a task order 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 task order. Copies of forms SF25 and SF25A may be obtained from the Contracting Officer upon request.

(d) Offerors 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:

Project 676-22-122 Replace Electrical Switchgear at Tomah VA Medical Center Cost Range: $1,000,000 - $2,000,000

Solicitation #: 36C25224B0007

Replace Boilers B415 Project 676-22-122

STATEMENT OF WORK

Construction - Replace Switchgear, Transfer Switch, Generator, and Transformer Tomah VA Medical Center

I. General Description:

The Tomah VA campus’ heat, sterilization, conditioned air, hot water, etc. are driven by the boilers that are in B415. The existing switchgear and transfer switch are from the 1970’s and installed with a far outdated electrical code. Likewise, the transformer was installed in 2016 and the generator was installed in 2009 both of which are undersized and do not ‘communicate’ with each other. This equipment plays a critical role in maintaining a full service to the campus for its steam needs. If the existing equipment should fail, the Tomah VA campus would lose all heat, sterilization, conditioned air, hot water, etc. Parts and service for these currently do not exist. With the new boilers and associated equipment, these are now under sized and obsolete.

II. Project Scope:

The intent of the project is to modify the existing structure to replace the existing switchgear, transfer switch, generator, transformer, and ancillary devices & utilities at building 415. All work is located at the Tomah VA Medical Center, 500 East Veterans Street, Tomah, Wisconsin. The selected general contractor shall ensure that all ancillary equipment, controls, and piping associated with each system is in accordance with the most current drawings, specifications, and state & federal requirements. Additional project specific requirements are provided below.

a. The General Contractor will provide a submittal exchange (Procore, etc.) type service. This service will be used to manage and exchange submittals through the duration of the contract. The General Contractor will be responsible to train their personnel on how to navigate the system and upload/download documents via the provided system. The General Contractor shall be responsible to provide their own internet access, computers necessary updates, up to date computer virus software, and electrical power to gain access into the system.

b. The General Contractor shall provide the services of a professional construction scheduler, see specifications. The general Contractor shall provide the proposed scheduler’s work experience, education and training certifications for review and approval by the COR for acceptance. Scheduler may not be the superintendent but may be the quality control individual provided they demonstrate they have the necessary training, experience, education, and training.

c. The General Contractor and appropriate subcontractors shall attend and participate in system commissioning activities. This includes but is not limited to the following systems: DDC/BAS system, fire alarm, fire suppression, lighting, plumbing, and test & balance personnel. Activities include but are not limited to filling out factory equipment start up forms, completing Commissioning Agent’s pre-functional checklists, attending commissioning meetings, perform various testing procedures as directed by the Commissioning Agent to test and validate system(s) functionality. Also, to provide training for VA personal with factory representatives of the operations and maintenance of the new systems.

d. The General Contractor shall provide all required temporary equipment, services, conduit, wire / cable, protection and security, fuel, tools, ICRA requirements, temporary lighting, and maintenance of all temporary systems / services as well as all required items listed in the specifications until the project’s closeout.

e. The General Contractor shall be responsible to maintain and capture red line drawings for all features/disciplines of work throughout the duration of construction. Drawings shall be updated at the end of each work week (at minimum). Red line drawing(s) shall be reviewed prior to and at each billing cycle. Failure to demonstrate accuracy and/or up to date redline drawings will result in a retention of 30% of the total invoiced amount for the given billing cycle. Redlines shall be reviewed with the primary COR (or designated persons) prior to submitting invoicing for review and approval. Failure to coordinate this activity (reviewing redlines with COR) will result in an automatic rejection of the invoice.

f. The General Contractor shall also be responsible to divert and track recyclable & C&D waste streams. Scale tickets with gross and tare weights shall capture amount of C&D and recyclable material (including type of recyclable) diverted, disposed and location. Scale tickets shall be provided monthly and shall be provided prior to submitting invoicing for review and approval. Failure to provide such documentation will result in an automatic rejection of the invoice.

III. Codes, Regulations, and Standards:

The General Contractor shall follow the most current codes and regulations 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 specifications shall be followed. The codes listed in the specifications may not be all inclusive. The GC shall determine the codes, regulations and agency requirements that apply to this project. And if different, the GC shall inform, in writing, the CO and the COR as soon as discovered.

IV. 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 (CQC) representative shall also inspect all materials delivered to the site and shall be compared to approved submittal documents and specifications for conformance to project requirements. Repeated misses (regularly rejected submittals or observed unapproved materials on site) amounting to or equal to 12 documented instances shall be grounds to remove the CQC 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.

V. Construction Duration:

The Construction Schedule shall be as follows (estimated – actual schedule shall be based on actual award date – 270 calendar day duration) Note, contractor must maintain an N+1 electrical source capacity throughout construction duration.

Duration Completion Activity

+10 days

+45 days

+45 days

Award TBD

TBD

TBD

Construction Award / NTP Kick-off Meeting / Suspension of Work

Presentation of required documents

1. Accident Prevention Plan (APP).

2. Activity Hazard Analyses (AHA).

3. Existing Conditions Survey (on site).

4. Environmental Protection Plan.

5. Certificates and Licenses.

Review of Long Lead Items with delivery dates.

TABs with reports.

+255 days

+270 days

TBD

TBD

Correct Punch List, As Built, Commissioning, Project Close Outs, and Maintenance Schedule Review.

Training and Maintenance

VI. Seasonal Shutdowns:

A seasonal shut down is not anticipated, but should the General Contractor fall behind schedule there is a possibility a seasonal shutdown will be required. In which case the electrical capacity of N+1 must be maintained throughout the seasonal shutdown at no additional cost to the government. This would include, but not limited to, all rentals and fuel. Also, if required, a shelter for the temporary generator units (existing structure and other items) maybe required at no additional cost the government, TBD.

VII. Attachments:

Design Drawings Specification (Vol 1 & 2) Lead & ACM Report VIII. Additional Project Requirements:

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

b. Provide detailed phased construction and utility interruptions for minimal interference with VA operations. Provide 3 weeks advance notice (in writing) prior to scheduling any utility outages.

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

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

e. 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.

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

g. Remediate damage to exterior and interior features caused from construction activities. Provide photographic time stamped documentation prior to mobilizing to the site in accordance with specifications that capture existing conditions. This includes, but is not limited to, existing built in and free-standing equipment, asphalt, curb and gutter, concrete stairs, interior and exterior brick walls, slab on grade concrete, windows, mechanical pads, and equipment.

h. Perform and follow up on final inspections. 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 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 one (1) week in advance of all such scheduled inspection(s).

IX. Additional Requirements:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VA Tomah and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA Tomah or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA Tomah. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA Tomah control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA Tomah guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

8. The Contractor shall not create or maintain any records containing any non-public VA Tomah information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. VA Tomah owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA Tomah shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA Tomah-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

X. Flow down of requirements to subcontractors (if required):

1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

-- End SOW --

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (SEP 2023)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the ASSIST website identified in paragraph (a) of this provision.

(End of Provision)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.3 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

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

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

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

(End of Provision)

2.4 52.222-23 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 City of Tomah Monroe County State of Wisconsin (End of Provision)

2.5 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)

2.6 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.7 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)

2.8 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 Veterans Affairs

GLAC (69D)

115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Mailing Address:

Department of Veterans Affairs

GLAC (69D)

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)

2.9 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— December 17, 2024 at 10:00 am

(c) Participants will meet at— Tomah VAMC, Tomah, WI, Bldg 407, Room 3720 (End of Provision)

2.10 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

2.11 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)

2.12 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:

FEB 2023

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

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

(2) The small business size standard is $19 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…