36C25521R0115.docx

36C25521R0115 Attachments

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.

36C25521R0115 X 07-19-2021 589A5-21-133 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Y Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 Gislaine Dorvil 913-946-1139 Request for Proposals against MATOC General Contractor contract for project 589A5-21-133 Buildings 41, 42 & 44 Window Replacement at the Topeka VAMedical Centerin Kansas

See attached Schedule, Statement of Work, Specifications and Drawings.

Period of Performance is 125 days after Notice to Proceed.

Provide Contractor Duns Number:__________________________ Contractors working on this project are exempt from state sales tax, and a Project exemption Certificate will be issued upon award of this contract.

Note: The term offer and bid are interchangeable.

PROPOSALS ARE TO BE SUBMITTED THROUGH THE VENDOR PORTAL. To ensure timely delivery due to electronic system malfunctions the contractor shall also provide the proposal in two separate binders along with a CD of the proposal containing the technical & price information by the request due date at the NCO 15 Contracting Office 3450 S 4th St Leavenworth KS66048 The NAICS code and size standard for this project are: NAICS 236220-Commercial and Institutional Building Construction with a size standard of $39.5 million.

Site Visit: A site visit will be conducted on July 28th, 2021 at 10:00 AM CST. Location: VAMC, Sunflower Conference Room B-207, Building 5, 2nd Floor, Topeka VAMC, 2200 Gage Blvd., Topeka, Kansas 66622.

All Questions pertaining to this project are due Monday, August 9, 2020 at 10:00 AM CST.

Due to COVID 19, Contractors are required to wear protective face maks on site.

Facility COR: Rex Fleming (785) 350-3111 ext 52980 Contracting Officer: Gislaine Dorvil, 913-946-1139, gislaine.dorvil@va.gov X 52.211-10 X

2PM

CDT

08-27-2021 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

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 Gislaine Dorvil Contracting Officer

Table of Contents

BUILDINGS 41, 42, & 44 WINDOW REPLACEMENT AT TOPEKA, KANSAS VAMC

**SEE SPECIFICATION SECTION 01 00 00 FOR BID ITEM(S) DESCRIPTION(S) **

STATEMENT OF BID ITEM(S)

BID ITEM NO.1 (BASE BID): Work includes all scope related to Bldg 41, 42, 44 window removal and replacement (including asbestos abatement , lead abatement), Seal and insulate Bldg 42, remove incinerator from Bldg 44(including asbestos abatement , lead abatement, and bio-hazard removal), replace concrete pavement on the north side of Bldg 43 as communicated in the drawings and specifications. (125 calendar days)

BID ITEM NO.2 (ALTERNATE NO.1): All work in bid item no. 1 except delete Seal and Insulate Building 42. (125 calendar days)

BID ITEM NO.3 (ALTERNATE NO.2): All work in bid item no. 2 except delete Concrete Pavement on the north side of Bldg 43. (125 calendar days)

NOTE: THE GOVERNMENT RESERVES THE RIGHT TO AWARD TO ALL OR NO LINE ITEMS

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36C25521R0115

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Page 1 of

STATEMENT OF WORK

COLMERY ONEIL VA MEDICAL CENTER

TOPEKA, KANSAS

Building 41, 42, and 44 Window Replacement- Project # 589A5-21-133 CONSTRUCTION STATEMENT of WORK (SOW)

1. SCOPE:

This specification herein describes a construction project SOW. This work includes the following items:

· Window replacement for Building 41, 42 and 44 windows

· Abatement of asbestos-containing sealant at Building 41, 42 and 44 windows.

· Abatement of lead-based paint at Building 41, 42 and 44 windows.

· Remove existing incinerator and accompanying stack located in Building 44

· Abatement of asbestos for incinerator removal

· Abatement of lead-based paint for incinerator removal

· Incinerator hazardous waste (including Bio-hazards) removal

· Water seal and insulate the existing Building 42 east side metal structure.

· Install new steam fan coil unit in Building 42 east side metal structure including all associated materials and electrical service.

· Remove and replace existing concrete pavement, pavement marking, and parking blocks on the north side of building 43.

The contractor will be responsible for meeting all contract specifications for the VAMC. The contractor shall provide all labor, material, and equipment to perform the work. All installation details shall be fully coordinated with VA CO and on-site Contracting Officer’s Representative (COR). Period of Performance for all work 125 days.

2. STATEMENT OF WORK:

2.1 SHOP/ DRAWINGS SHALL PROVIDE:

2D as-builts shall be provided to show all work, penetrations, interior/exterior features, cables, panels, equipment, etc. that is installed in this project/ specification.

2.2 WINDOW REPLACEMENT FOR BUILDINGs 41, 42 AND 44

The contractor shall provide all labor, material, and equipment to remove and replace windows in Building 41, 42, and 43.

2.2.1 REMOVE EXISTING WINDOWS

The contractor shall provide all labor, material, and equipment to remove all identified existing windows and appendages in Buildings 41, 42, and 43, from VA property.

ASBESTOS ABATEMENT:

Asbestos containing window caulking has been identified on the window systems at Buildings 41, 42 and 44. These materials, which would/could be rendered airborne during any sort of removal activity due to its poor condition, should be properly abated by a licensed asbestos abatement contractor prior to any renovation activities that would disturb the materials. Window caulking abatement procedures will require coordination with new window installation to minimize interior exposure to weather.

LEAD BASED PAINT REMOVAL:

LBP has been identified on the window systems at Building 41, 42 and 44. These materials, which would/could be rendered airborne during any sort of removal activity due to its poor condition, should be properly abated by a licensed lead abatement contractor prior to any renovation activities that would disturb the materials. Existing steel mullions to remain will require paint removal to bare metal in preparation for new window installation.

ARCHITECTURAL:

For all window installations, there will need to be specific coordination with asbestos abatement to minimize interior exposure to weather. The contractor is responsible for disconnecting existing equipment that protrudes through the existing window systems and reinstalling it into the new window systems. The contractor is responsible for removal and storage of these protrusions and any damage shall be the responsibility of the contractor at contractor’s expense. The contractor is responsible for field verifying protrusion and connection locations.

MECHANICAL:

The design includes disconnecting existing equipment that protrudes through the existing window systems and reinstalling it into the new window systems. The contractor is responsible for removal and storage of these protrusions and any damage shall be the responsibility of the contractor at contractor’s expense. The contractor is responsible for field verifying protrusion and connection locations.

ELECTRICAL:

The design includes disconnecting existing equipment that protrudes through the existing window systems and reinstalling it into the new window systems. The contractor is responsible for removal and storage of these protrusions and any damage shall be the responsibility of the contractor at contractor’s expense. The contractor is responsible for field verifying protrusion and connection locations.

2.2.2 INSTALL NEW WINDOWS

The contractor shall provide all labor, material, and equipment to install new window systems. The contractor is responsible for reconnecting the existing window intrusions in a manner that makes these intrusions operational and keeps the window installation waterproof.

ARCHITECTURAL:

The contractor is responsible for disconnecting existing equipment that protrudes through the existing window systems and reinstalling it into the new window systems. The contractor is responsible for field verifying protrusion and connection locations.

MECHANICAL:

The contractor is responsible for disconnecting existing equipment that protrudes through the existing window systems and reinstalling it into the new window systems. The contractor is responsible for reconnecting the existing window intrusions in a manner that makes these intrusions operational and keeps the window installation waterproof.

ELECTRICAL:

The contractor is responsible for disconnecting existing equipment that protrudes through the existing window systems and reinstalling it into the new window systems. The contractor is responsible for reconnecting the existing window intrusions in a manner that makes these intrusions operational and keeps the window installation waterproof.

2.3 REMOVE EXISTING INCINERATOR AND ACCOMPANYING STACK LOCATED IN BUILDING 44

The contractor shall provide all labor, material, and equipment to remove the existing incinerator and appendages, from VA property.

ASBESTOS ABATEMENT:

Asbestos is expected in the incinerator. These materials, which would/could be rendered airborne during any sort of removal activity due to its poor condition, should be properly abated by a licensed asbestos abatement contractor.

LEAD BASED PAINT REMOVAL:

LBP is expected in the incinerator system. These materials, which would/could be rendered airborne during any sort of removal activity due to its poor condition, should be properly abated by a licensed lead abatement contractor.

HAZARDOUS WASTE REMOVAL:

Hazardous waste (including biohazards) is expected in the incinerator residue. These materials shall be properly abated by a licensed hazardous waste contractor.

2.3.1 REMOVE AND REPLACE EXISTING ROOF SYSTEM, BLDG. 44

After removal of the incinerator stack remove existing roofing system and replace with a new TPO roofing system.

2.4 WATER SEAL AND INSULATE THE EXISTING BUILDING 42 EAST SIDE METAL STRUCTURE.

The contractor shall provide all labor, material, and equipment to waterproof and insulate the existing building 42 east side lean-to.

WATERPROOF:

Contractor is to make the existing metal building lean-to waterproof.

INSULATE:

Contractor is to insulate all surfaces exposed to exterior conditions in the existing metal building.

2.5 INSTALL NEW STEAM FAN COIL UNIT IN THE EXISTING BUILDING 42 EAST SIDE METAL STRUCTURE.

The contractor shall provide all labor, material, and equipment to install a new steam fan coil unit in the existing building 42 east side lean-to.

MECHANICAL:

Install a new steam fan coil unit (FCU) in the Building 42 east side metal building. The new FCU HVAC piping will connect to the existing HVAC system located just west of the east wall of the metal building lean-to.

ELECTRICAL:

Electric service will be provided to the new FCU via circuit breaker space in existing electrical panels.

2.6 REMOVE AND REPLACE EXISTING CONCRETE PAVEMENT, PAVEMENT MARKING, AND PARKING BLOCKS ON THE NORTH SIDE OF BUILDING 43.

The contractor shall provide all labor, material, and equipment to remove and replace existing concrete pavement and pavement marking on the north side of Building 43.

Exceptions:

36C25521R0115 Contractor shall be responsible for meeting all fire, safety and VA standards (VA handbook) as specified in Statement of Work, Drawings, and Specifications.

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TASK ORDER TERMS AND CONDITIONS

NOT SPECIFIED IN THE CONTRACT

A.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)

A.2 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)

A.3 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) A.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204–7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

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

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

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

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

(x) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

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

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

(B) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(C) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) A.5 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Clause)

A.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause 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 Clause)

A.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

A.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

PROJECT SPECIFIC INFORMATION

PROJECT TITLE AND NO. 589A5-21-133, Buildings 41, 42, & 44 Window Replacement

PROJECT LOCATION: Department of Veteran Affairs, 2200 Gage Blvd., Topeka, Kansas 66622.

MAGNITUDE OF PROJECT: Between $1,000,000 and $5,000,000.00 (VAAR 836.204)

TYPE CONSTRUCTION: GENERAL BUILDING

NAICS: 236220, Commercial and Institutional Building Construction SMALL BUSINESS SIZE: $39.5 Million

PERFORMANCE PERIOD: The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 125 calendar days. The time stated for completion shall include final cleanup of the premises.

SITE VISIT: A site visit will be conducted on July 28th, 2021 at 10:00 AM CST. Location: VAMC, Sunflower Conference Room B-207, Building 5, 2nd Floor, Topeka VAMC, 2200 Gage Blvd., Topeka, Kansas 66622.

Due to COVID-19 Masks are required at all times. If you refuse or can’t wear a mask properly you will be asked to leave the campus. Only Masks that are cloth, surgical type or N95 are allowed. Gaiters and masks with vents are prohibited.

Colmery O’Neil VA Medical Center is located at 2200 SW Gage Blvd. Topeka, KS 66622 and sits SE of the intersection of 21st and Gage.

When you arrive at the Topeka VA there are 3 entrances off of Gage Blvd. and one on 21st street (North side of campus and the one designated for contractors and employees); you will have to enter go through the 21st street entrance. Once you are on site please proceed to the revolving doors at building 1 or the main entrance of building 3. Building 1 is the main and biggest building and it is the one with the flagpole and military flags out front.

Most of the campus buildings are connected together through our connecting corridors and after you enter the main entrance of building 1 proceed through the building main entrance through the revolving door, and take the first right (south) all the way to the end of the hallway. Once you come to the Tee proceed left again (East) and proceed past B25 and B4 all the way down to the end to enter B3 and proceed to the ground floor main lobby, A1. Note: B3 is on the SE corner of the campus over by the big water tower. See (Topeka Site Map Attachment)

BID GUARANTEE

A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish a photocopy of the original bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then. Bidders shall provide an original bid guarantee within two business days after notification by the Contracting Officer.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD ON ANY OF THE RESPECTIVE LINE ITEMS 1-3. Offerors must provide a price for each line item. In addition, offerors shall include a breakdown of material and labor costs, by specification division for each bid item. Overhead, profit and bond costs shall be added after a subtotal of materials and labor costs has been calculated. It is intended that award will be made on base bid item #1; however, should bids exceed the funds available, award will be made on alternate deduct bid items #2 or #3 in the order of priority.

PERFORMANCE & PAYMENT BONDS: In accordance with FAR 28.102-1 and Contract Clause 52.228-15, Contractors are reminded that any amount awarded over $30,000 shall require Payment Protection (Bonds)(See Clause 52.228-13), and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 days after award.

AFFIRMATIVE ACTION GOALS AND GEOGRAPHICAL AREA (reference 52.222-23):

Goals for Female Participation for each trade 6.9% Goals for Minority Participation for each trade __9__% The Geographical covered area for this solicitation (project) is Topeka, Kansas

LIQUIDATED DAMAGES: (__ ) YES or (_X_ ) NO (reference Contract Clause 52.211-12)

Amount Per Day: _____NA_______

WARRANTY OF CONSTRUCTION FOR GUARANTEE PERIOD SERVICES: ( ) YES or ( X) NO (reference VAAR 852.246-75).

RESTRICTION ON SUBMISSION AND USE OF EQUAL PRODUCTS: ( ) YES or ( X ) NO (reference VAAR 852.236-90)

Description: ____NA_____________________________________

METRIC PRODUCTS: Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch/pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376B, and all other requirements of this document are met. If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch/pound units, a request should be made to the contracting officer to determine if the product is acceptable. The contracting officer, in concert with the Contracting Officer’s Technical Representative, will accept or reject the product, (reference VA Handbook 0100, Metrics).

WAGE DETERMINATION APPLICABLE TO THIS PROJECT:

Davis Bacon -General Decision Number: KS20210058 06-25-2021

PROPOSAL DUE DATE August 27, 2021 at 2:00 PM CST

Basis for Award: Lowest Price offer

SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

All Bidders/Offerors shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, 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.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR) equal to or less than 1.0. This information shall be obtained from the bidder’s/offeror’s insurance company and be furnished on the insurance carrier’s letterhead.

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.

A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. 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 the Determination of Responsibility. Failure to affirm being within the guidelines above or submit this information will result in a determination of “Non-Responsibility” for the bidder/offeror. NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder/offeror ineligible for award.

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

PROPOSAL SUBMITTAL INSTRUCTIONS

PROPOSAL SUBMITTAL INSTRUCTIONS FOR

BUILDINGS 41, 42, & 44 WINDOW REPLACEMENT SOLICITATION

SOLICITATION: 36C25521R0115

PROJECT: Cons, 589A5-21-133 LOCATION: Department of Veteran Affairs, 2200 Gage Blvd., Topeka, KS 66622-0001

1. PREPARATION AND SUBMITTAL OF PROPOSALS

a. GENERAL INFORMATION.

When the Government requires work under the MATOC, an RFP or RFQ will be issued, as appropriate, normally posted with a RFP/RFQ number in which you have been invited by the procuring Contracting Officer for the task order on the Electronic Contract Management System (eCMS) Vendor Portal located at the following web link https://www.vendorportal.ecms.va.gov (Note this is a VA Secure Website so you must use the HTTPS instead of HTTP to open the website) Instructions for Registration at the Vendor Portal are included as an attachment to this solicitation. * See additional submittal instructions below. The task orders will be limited competition to those Contractors who receive a NCO 15 MATOC contract award within the categories assigned and only those Contractors invited in the Vendor Portal who have obtained a basic NCO 15 MATOC contract in the appropriate category will be able to view the task order RFQ. This is a total SDVOSB set-aside and the awardee must be SDVOSB certified at the time of the TO award. An FBO NOTICE will be published in the FBO.GOV vendor portal FOR INFORMATION ONLY FOR SUBCONTRACTING OPPORTUNITIES, PROPOSALS WILL NOT BE CONSIDERED FROM ANY FIRMS OTHER THAN THOSE IN THE NCO15 MATOC POOL. Projects will be of varying size and complexity. The request will include information such as a statement of work, guide specifications, drawings, attachments, information pertaining to a site visit and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Projects may include, but are not limited to, complete plans and specifications for all elements of work requirements.

NOTE: Failure to comply with the RFP requirements will raise serious questions regarding an Offeror’s technical ability to perform the services and may be grounds to eliminate the proposal from further consideration for contract award.

b. THE OFFER.

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the RFP, including the Plans & Specifications for the construction of this project. These instructions prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

c. AWARD BASED ON INITIAL OFFERS.

Pursuant to clause 52.215-1 the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price, and technical qualifications standpoint. The VA reserves the right to conduct discussions if the Contracting Officer later determines such discussions to be necessary.

d. NUMBER OF COPIES TO SUBMIT.

Prospective offerors shall submit a SINGLE PACKAGE proposal in the Electronic Contract Management System (eCMS) Vendor Portal located at the following web link https://www.vendorportal.ecms.va.gov . * To ensure timely delivery due to electronic system malfunctions the contractor shall also provide the proposal in two separate binders along with a CD of the proposal containing the technical and price information by the request due date – at the NCO 15 Contracting Office 3450 S 4th Street Leavenworth KS 66048.

Documents provided as PDF shall be created in Word or another program and then converted to PDF. The size of documents that are scanned to PDF take much more memory and are discouraged.

The package shall include:

(a) One (1) submittal will be marked Technical: ORIGINAL - RESPONSE TO RFP PROJECT: 589A5-21-133, Buildings 41. 42. & 44 Window Replacement

*This submittal is to contain the signed original copy of the documents and the technical response. Original copies of required Payment and Performance bonds will be sent hard copy to the NCO15 Office address stated above.

(b) One (1) submittal attachment containing the pricing information for each Bid item as indicated on the price schedule. This attachment will also include the Cost Summary Sheet.

2. DOCUMENTS TO…