36C25519R0006-002.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)

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.

36C25519R0006 X 12-06-2018

TBD

00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth

KS

66048 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth

KS

66048 Welch, Glen 913 946-1130 THIS SOLICITATION IS A 100% SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SET-ASIDE.

NCO 15 anticipates the award of (1) one Indefinite-Delivery/Indefinite Quantity (IDIQ) Job Order Contract (JOC), for the Colmery-O'Neil Veterans Affairs Medical Center (VAMC) Topeka, Kansas 66622 is in need of expedited procurement capabilities to provide simplified non-complex, general construction services for lower dollar construction projects, maintenance, alterations and repair of buildings, structures, or other real property projects.

The North American Industry Classification System (NAICS) for this acquisition is 236220, General Contractors.

The small business size standard is $36.5 million.

This acquisition is a 100% Set-Aside for Service Disabled Veteran Owned Small Business (SDVOSB).

All Contractors and Joint Ventures must be verified in VetBiz and registered in SAMS at the time of proposal due date, in order to be eligible for award. Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorporated by reference in this solicitation. Public Law(P.L. 105-339), Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS-4212 report for the proceeding fiscal year under Title 38 Section 4212(d).

DUNS Number: _____________________________________

Contracts will be for a (1) one-year base period with (4) four 0ne-year option periods, The total contract will not exceed 5 years. Minimum task order amount: $2,000.00 Maximum Task Order amount: $500,000.00. The maximum contract value for each contract shall not exceed $20,000,000.00 over the life of awards will be made based on the best value to the Government. The anticipated award date will be on or about 2-4-2019. Basic Contract Year is anticipated to be to be 2/4/2019 through 2/3/2020.

Questions relating to this solicitation document must be submitted in writing via email to glen.welch@va.gov no later than 2:00 PM local time, 12-28-2018. This solicitation will be evaluated pursuant to FAR Part 15 and Part 16.

NOTE: There will be one formal pre-bid meeting for the basic IDIQ Solicitation. See Provision 52.236-27 for date, location and time. Site visits for individual task orders,will be stated in the individual RFQs for each project.

(TBD)

(TBD)

X X 52.211-10 X

ONE

2:00 PM

01-22-2019 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

SEE SCHEDULE A

00255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth

KS

66048 00255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429

A.3 SCHEDULE A – CONTRACT COEFFICIENTS

SCHEDULE A -- CONTRACT COEFFICIENTS

1. LOCATON

All work outlined in each task order solicitation shall be performed at: Colmery-O’Neil VAMC 2200 Gage Boulevard Topeka, KS 66622.

2. COEFFICIENTS:

0001 - BASIC CONTRACT YEAR - ONE CALENDAR YEAR FROM AWARD

Fill-in the blanks using the format = X.XX (no more than two decimal places).

0001A

______ -- NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Normal work hours are from 7:30 A.M. to 4:30 P.M., Monday through Friday excluding Saturday, Sunday, and Federal Holidays.

0001B

______ -- OTHER THAN NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Other than normal working hours are any hours not stated above.

0002 - OPTION PERIOD I

0002A

______ -- NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Normal work hours are from 7:30 A.M. to 4:30 P.M., Monday through Friday excluding Saturday, Sunday, and Federal Holidays.

0002B

______ -- OTHER THAN NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

0003 - OPTION PERIOD II

0003A

______ -- NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Normal work hours are from 7:30 A.M. to 4:30 P.M., Monday through Friday excluding Saturday, Sunday, and Federal Holidays.

0003B

______ -- OTHER THAN NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

0004 - OPTION PERIOD III

0004A

______ -- NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Normal work hours are from 7:30 A.M. to 4:30 P.M., Monday through Friday excluding Saturday, Sunday, and Federal Holidays.

0004B

______ -- OTHER THAN NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Other than normal working hours are any hours not stated above.

0005 - OPTION PERIOD IV

0005A

______ -- NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Normal work hours are from 7:30 A.M. to 4:30 P.M., Monday through Friday excluding Saturday, Sunday, and Federal Holidays.

0005B

______ -- OTHER THAN NORMAL WORK HOURS --

In effect from contract award date of __________ to end of ordering period of __________ (see notes).

Other than normal working hours are any hours not stated above.

NOTES:

1. In addition to the insurance requirements required by FAR 28.307-2 and FAR 52.228-5, there shall be no exclusionary clauses added to this contract for any asbestos related work that would void the general liability insurance.

2. The effective dates will be filled in at the time of the contract award. The base ordering period shall be from the date of the contract award for one year (365 calendar days), unless the extended by the exercise of an option period. This contract will provide up to four one-year option periods, to extend the ordering periods. The contract coefficients shall be established for the base contract year and for each of the possible four one-year option periods. The contract(s) resulting from this solicitation will not provide for periodic economic price adjustments with the exception of utilizing the latest yearly-published version of R.S. Means Cost Data.

3. Contractor shall use the RS Means Facilities Repair Cost Data Software located at www.rsmeans.com. This Software contains pricing information for the work to be accomplished and for the units of measure specified. The contractor must furnish pricing (proposals) for each individual Task Order on a LINE ITEM BASIS per RS Means Cost Works (www.rsmeans.com).

4. The most recent versions of RS Means cost estimating data will serve as the Unit Price Book (UPB) for this contract. The UPB is updated annually after 1 January and no later than 15 January. The contractor’s proposals for the work described in each task order will be based on the pricing information and the units of measure specified in the UPB. The following RS Means data shall be used:

Facilities Construction Cost Data Facilities Maintenance and Repair Cost Data Mechanical Cost Data Plumbing Cost Data Electrical Cost Data Assemblies Cost Data

5. HARD COPY OF MEANS: The contractor shall provide two (2) electronic (CD) copy and two (2) hard copies of unit price data to consist of the R.S. MEANS® cost data books listed below. Contractor shall provide the latest edition of these books to the hospital Chief of Engineering and CO after 1 January and no later than 15 January, for the life of the contract to include each option year. The contractor shall consider the item non-priced ONLY if it cannot be located in the computer database or any of these guides.

Facilities Construction Cost Data Facilities Maintenance and Repair Cost Data

6. LINE ITEM UNIT PRICES AND QUANTITIES: The price set forth in the RS Means software on the date proposal is due shall be multiplied against the coefficient to determine line item unit cost. Use Colmery-O’Neil VA Medical Center (Topeka VAMC), 2200 Gage Boulevard., Topeka Kansas 66622, for the location of the facility where work is to be completed for all RS Means pricing.

(END OF SCHEDULE)

Table of Contents

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

1.1 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

(c) The amount of the bid guarantee shall be percent of the bid price or , whichever is less.

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

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

(End of Provision)

1.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

1.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

END OF PROVISION

1.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of Provision)

1.5 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/;and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of noncompliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of Provision)

1.6 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)

1.7 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)

1.8 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:

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth Leavenworth KS Mailing Address:

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

(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)

1.9 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 17th, 2018 at 9:30 A.M.

(c) Participants will meet at- LOCATION: Topeka VAMC Engineering Office Bldg 6, Room D, 2200 Gage Blvd Topeka KS 66622 (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:

1.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Provision)

1.11 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)

1.12 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal'' in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of Provision)

1.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018)

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

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

1.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 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)

36C25519R0006

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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Requirement Description & Statement of Work

DESCRIPTION

This construction procurement shall follow Federal Acquisition Regulation (FAR) Part 15 and shall be a competitive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside solicitation resulting in the award of one Indefinite Delivery/ Indefinite Quantity (ID/IQ), Job Order Contract (JOC), to the below VA Medical Center (VAMC):

Colmery-O’Neil VA Medical Center (Topeka VAMC), 2200 Gage Boulevard., Topeka Kansas 66622

The North American Industry Classification system (NAICS) code for this acquisition is 236220 General Contractors – Commercial and Institutional Building Construction. The small business size standard is $36.5 million. The solicitation is 100% set-aside to Service Disabled Veteran Owned Small Business (SDVOSB), as a Request for Proposal (RFP) for a firm fixed-price, Indefinite-Delivery Indefinite-Quantity (IDIQ) contract for a non-commercial item.

The construction IDIQ contracts shall provide general construction work at an indefinite quantity by placing individual task orders with the contractors within minimum and maximum limitations of $2,000.00 - $500,000.00 per task order. Aggregate value for each awarded contract shall not exceed $20,000,000.00.

The minimum guarantee for each awarded IDIQ is $2,000.00 which meets the FAR 16.5 requirement. The will be met by the first task order issued under the contract.

Objective The IDIQ contracts will expedite contract award for construction requirements by reducing engineer design work and acquisition lead-time. All individual task orders shall be Firm Fixed Price.

Once a project applicable to the IDIQ construction contract is identified, the Contracting Officer (CO) shall issue a request for a task order proposal to the contractor. The request for task order proposal and resulting task order will define the scope of work, provide all significant quantities, describe the methods of construction, state the period of performance, and state the quality levels required. Single projects shall not be divided into multiple task orders.

The resultant contracts are to complete simplified non-complex and/or routine construction, maintenance, and/or repair projects that encompass a variety of real property maintenance, repair, and construction work. All work shall be in conformance with the requirements of the contract including, but not limited to, furnishing all materials, labor, plant, tools, equipment, transportation, supervision, management, and all other required services (including engineering/technical design support), incidental items necessary for the successful completion of each issued task order. The IDIQ construction contract is not to include design work. No monetary amount shall be obligated by the award of this contract. Monetary amounts are obligated by the issuance of task orders by the Network Contracting Office-NCO-15) warranted Contracting Officers (CO).

Contract Term This is an indefinite delivery/indefinite quantity type contract for the maintenance, repair and minor construction work on real property. The Contracting Office intends to award a single contract, with a one-year base period and four (4) one-year option periods IDIQ-JOC contract.

Minimum Value

To ensure the contract is binding, the guaranteed minimum contract amount is $2,000.00.

Estimated Maximum Value

The total aggregate value for each awarded contract shall not exceed $20,000,000.00. If the Government’s requirements for services set forth in the statement of work does not result in orders in the amount described as “estimated maximum,” the event shall not constitute the basis for an equitable price adjustment under this contract.

The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

Scope of Work The Contractor shall provide, upon receipt of a valid task order, all labor, materials, parts (to include system components), supervision, project management, equipment, quality and safety assurance, infection control and all other necessary resources, except when specified as Government furnished, to repair, maintain, alter, or construct real property facilities and structures at the specified hospital and as specified in strict accordance with all contract terms, conditions, any special contract requirements, specifications, drawings, attachments, and exhibits contained in this contract and per each individual task order.

Coordination of Work

The Contractor’s work and responsibility shall include all contractor planning, programming, administration, and management necessary to provide all repair or construction and related services as specified. The Contractor shall insure all work provided meets or exceeds critical reliability rates or tolerances specified or included in applicable specifications. The Contractor shall provide all related Contractor administration services to perform the work such as quality control, Contractor financial control, preparing and submitting required reports, and submitting necessary information as specified under this contract and within individual task orders. The work shall be conducted by the Contractor in strict accordance with the contract, to include all applicable Federal, State and Municipal laws, codes, regulations, and directives. The contractor shall coordinate all shutdowns with the COR at least 3 weeks in advance of the shutdown. This shall include interior and exterior such as work involving cranes, taking parking spaces, utilities, and public spaces. The contractor shall provide a schedule of values, project schedule, and 3 weeks look ahead schedule for coordination with affected stakeholders.

Task Order Coordination & Pre-Construction Conferences

Representatives of the Contractor shall be required to attend a Pre-Construction Conference prior to scheduling work, mobilizing or performing any work for any issued task order. The CO shall coordinate date and time of the Pre-Construction Conference with the Contractor, Contracting Officer’s Representative (COR), and facility staff members affected by the pending construction site.

The Pre-Construction Conference shall be conducted by the CO with the designated COR and will consist of a formal review of project requirements, and establish the Notice to Proceed (NTP) date and completion date of the project.

Formal review of project requirements shall include but is not limited to:

Designation of COR, Task Order and Site-Specific Information, invoicing, scheduling Infection Control, Interim Life Safety Measures, Safety, Badging and Identification requirements, parking access to premise and building; space for material and equipment storage; delivery of materials and use of approaches; and use of corridors, stairways, elevators, eating spaces, and restrooms for Contractor personnel.

The CO will issue the Notice to Proceed before any work or mobilization is authorized to begin.

Subcontractor Coordination The Contractor shall coordinate project expectations with the subcontractors to ensure everything in the SOW and on the specifications and drawings is included in subcontractor bids and work is properly completed prior to the final inspection. The Prime contractor shall submit a SF-1413 Statement and Acknowledgement of Subcontractor(s) for each sub-contractor to the COR for review and approval.

Documentation

Contractors shall clearly include the solicitation number (prior to award) or the contract number (as appropriate) on all documents submitted to the VA.

Task Order Identification: After successful award of each task order the contractor shall clearly include the contract number, task order number, obligation number and project number on all correspondence submitted to the VA.

The solicitation number, contract number, task order number, obligation and project numbers are displayed and shall be easily found on all official government documents issued by the CO.

Pricing:

UNIT PRICE BOOK (UPB):

The most recent versions of RS Means cost estimating data will serve as the UPB for this contract.