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36C25618B0674

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.

36C25618B0674 X 07-12-2018 586-18-2-1539-0010 586-16-102 00598 Department of Veterans Affairs Centeral Arkansas Healthcare System 2200 Fort Roots Road North Little Rock AR 72114 Department of Veterans Affairs Network Contracting Office 16 ATTN: Renardo Hollowell 2200 Fort Roots Road, Bldg. 41, Rm.208 North Little Rock AR 72114 Renardo Hollowell 501-257-1338 Contractor shall furnish all labor, tools, materials, equipment and supervision necessary to perform all work associated with project 586-16-102 UPGRADE CHILLER PLANT in accordance with the drawings, specifications, and SOW specified Herein. There are five (5) Deduct Alternates for this project. See Schedule of Bid Items.

A. This is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside competitive procurement pursuant to Public Law 109-461 (38 USC 8127). The SDVOSB is required to perform a minimum of 15% of the construction work. The SDVOSB must be a small business under the relevant NAICS code. Vendors submitting proposals under a Joint Venture shall submit a copy of their Joint Venture agreement with their offer. Joint Ventures shall comply with VA IL 049-06-4 found at http://www.va.gov/oal/docs/library/ils/il06-4.pdf.

B. Notice of total Service-Disabled Veteran-Owned Small Business set-aside applies to all items in this solicitation.

C. SITE VISIT: To be held at 10:00am LOCAL (Little Rock, AR) time on JULY 30, 2018. Interested Parties will meet in room I-101 (ENGINEERING PLAN ROOM). THIS WILL BE THE ONLY SITE VISIT CONDUCTED FOR THIS PROCUREMENT.

D. INFORMATION PROVIDED AT THE SITE VISIT SHALL NOT ALTER THE TERMS AND CONDITIONS OF THE SOLICITATION. TERMS OF THE SOLICITATION REMAIN UNCHANGED UNLESS THE SOLICITATION IS AMENDED IN WRITING. CONTRACTORS ARE REQUIRED TO SUBMIT ALL QUESTIONS IN WRITING (EMAIL IS ACCEPTABLE) TO THE CONTRACTING OFFICER SHOWN ABOVE NO LATER THAN NOON LOCAL (JACKSON) TIME 14 CALENDAR DAYS PRIOR TO THE BID SUBMISSION DATE SHOWN IN BLOCK 13A BELOW OR AS AMENDED.

E. IMPORTANT: All SDVOSB contractors shall be Center for Veterans Enterprise (CVE) verified with the assigned NAICS code in order to receive contract award. Visit the following website for more information:

HTTP://WWW.VA.GOV/OSDBU/VETERAN/VERIFICATION.ASP

F. Wage Determination MS180142 dated 01/05/2018 applies and is incorporated into this IFB.

G. Per VAAR 836.204 the estimated price range of this project is between $5,000,000 and $10,000,000.

H. NAICS CODE:

236220 SIZE

STANDARD: $36.5M

I. Geographical area where work is to be performed: Jackson, Hinds County, Mississippi.

J. This procurement is subject to the availability of funds.

x x 52.211-10 X 12pm 08-21-2018 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

586-3680162-1539-854200-3223-23NRNR198

Department of Veterans Affairs Central Arkansas Veteran Healthcare Sys.

VISN 16, Chief A&M Service (90C) 2200 Fort Roots Rd.

North Little Rock AR 72114 Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714 9971 X

ALL ITEMS

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS5
SECTION C – STATEMENT OF WORK6
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS10
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS11
2.1 52.214-31 FACSIMILE BIDS (DEC 1989)11
2.2 52.216-1 TYPE OF CONTRACT (APR 1984)12
2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)12
2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)13
2.5 52.228-1 BID GUARANTEE (SEP 1996)14
2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)14
2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)15
2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)15
2.9 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)16
2.10 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008)16
REPRESENTATIONS AND CERTIFICATIONS18
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)18
3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)21
GENERAL CONDITIONS23
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)23
4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)23
4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)24
4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)24
4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)26
4.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)26
4.7 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)27
4.8 SUPPLEMENTAL INSURANCE REQUIREMENTS30
4.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)31
4.10 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)32
4.11 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)33
4.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)34
4.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)35
4.14 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002)36
ADDITIONAL REQUIREMENTS FOR BAR CHART SCHEDULE37
4.15 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008)38
4.16 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)38
4.17 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)39
4.18 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)39
4.19 MANDATORY WRITTEN DISCLOSURES39
4.20 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM40

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

Description: The G.V. (Sonny) Montgomery VAMC located in Jackson, MS has a need for a contractor to furnish all labor and materials to perform construction per drawings and specifications for Project 586-16-102; the Upgrade of Chiller Plant. The upgrade will include completely renovating the existing chiller plant. Complete renovations include, but are not limited to: removal, proper disposal and replacement of existing air conditioning refrigerants, finishes, structural framing, electrical, plumbing and mechanical system equipment and components.

G.V. (Sonny) Montgomery Medical Center is located at 1500 E. Woodrow Wilson Avenue Jackson, MS 39216-4506.

BASIS OF AWARD: A single award will be made on Bid Items No. 1 thru No. 3, but in the event the offer exceeds the funds available, a single award will be made on Bid Item No. 4 - Bid Item No. 8, in that order, based on available funding. Offerors shall quote a price on each bid item listed.

Contractor shall provide all materials, equipment, labor, supervision and expertise necessary to Upgrade Chiller Plant at the GVSMMC campus, in accordance with the Statement of Work (SOW), Drawings and Specifications.

PROJECT DURATION OF 6 MONTHS (180 DAYS)

Item No.Description ofQty Unit Amount
Supplies/Services
0001BASE BID: D30 HVAC Upgrade1JB$_______________
Chiller Plant

0002 BASE BID: D50 Electrical 1 JB $_______________

0003 BASE BID: F10 General Construction 1 JB $_______________

0004 Deduct Alternate 1: Remove Fan Coil 1 JB $_______________ Units serving chiller plant and associated Ductwork, piping, power feeds, & controls

0005 Deduct Alternate 2: Replace aluminum 1 JB $_______________ Jacketing on all chilled water piping installed In this SOW with PVC jacketing.

0006 Deduct Alternate 3: Exclude installation 1 JB $_______________ Of epoxy floor coating in chiller plant

0007 Deduct Alternate 4: Exclude installation 1 JB $_______________ Of insulation and interior wall assembly for All chiller plants walls.

0008 Deduct Alternate 5: Omit installation 1 JB $_______________ of thermal insulation on all condenser water piping inside of the chiller plant.

ASSUMPTIONS & CLARIFICATIONS

EXCLUDES SOFT COSTS & A/E FEES

EXCLUDES ABATEMENT

EXCLUDES TEMPORARY EQUIPMENT

EXCLUDES O/T

Page 1 of

SECTION C – STATEMENT OF WORK

UPGRADE CHILLER PLANT

G.V.(Sonny)Montgomery Medical Center Jackson, MS

Project No: 586-16-102 Scope of Work

1 FOREWORD

1.1 Contractor shall provide all labor, materials, tools, equipment, expertise, administration, supervision and transportation as necessary to perform all work in accordance with provided construction specifications, drawings, all documents attached to this contract, all terms and conditions of this contract, and this statement of work.

1.2 This document does not relieve the contractor of their professional responsibility to comply with all local and federal construction and environmental codes and to perform and complete a fully coordinated job.

2 GENERAL PROJECT DESCRIPTION

2.1 The project will completely renovate the existing chiller plant located at the G.V. (Sonny) VA Medical Center. All construction work must adhere to JCAHO, NFPA, and life safety latest requirements. All construction work must be performed without affecting medical center’s operations.

2.2 Work includes general construction, alterations, mechanical, plumbing and electrical work, utility systems, and certain other items as required by provided construction documents. This Scope of Work is not considered to be a comprehensive description of work details for this project. All work shall be completed per the plans/drawings and specifications.

2.3 Mobilization will only occur after all plans, submittals, and equipment are approved by the COR.

2.4 Work shall commence upon receipt of a Notice to Proceed from the government and an estimated completion date of 180 calendar days after receipt of Notice to Proceed.

3 GENERAL CONSTRUCTION REQUIREMENTS

3.1 Prior to any mobilization and construction, the contractor shall request and have an approved Infection Control Construction Permit, Construction Safety Plan, and an Interim Life Safety Measures Certification from the VAMC. Also project/construction schedule, schedule of values/prices and construction phases have to be provided and approved by VA’s COR/Project Engineer and/or Contracting Officer.

3.2 Contractor shall completely prepare site, prior to the installation of the equipment, and furnish labor, equipment and materials to perform work for this specific project as required by construction documents.

3.3 The entire project’s associated construction and temporary works shall conform to the latest VA specifications, VA Standards, energy conservation methods, EPA, OSHA, NFPA, NEC, ASHRAE, LIFE SAFETY CODE, UBC, local, Federal and industry requirements and regulations.

3.4 Project Record Drawings: The Contractor will maintain a set of Record Drawings. The Contractor will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process. The project record drawings will be available for review by the VA Project Manager at all times.

3.5 The following milestone dates shall be incorporated into the contractor’s schedule.

3.5.1 Submittal Schedule and log shall be provided within ten (10) calendar days after Notice to Proceed. The contractor shall provide it to the Contracting Officer’s Representative (COR) for approval, and shall include the dates for submission of Shop Drawings, Product Data, and Samples.

3.5.2 All Shop Drawings, Product Data and Samples shall be submitted and approved by the VA within sixty (60) calendar days after Notice to Proceed. The VA will provide the Contractor with written comments within 15 business days after receiving each submittal.

3.5.3 The Contractor shall submit a construction schedule within ten (10) calendar days after Notice to Proceed. The construction schedule shall be prepared in terms of calendar days (not working days). Once the construction schedule is submitted by the Contractor and approved by the CO, no lateness in the schedule shall be tolerated without the CO’s approval.

3.5.4 A pre-construction meeting shall be held within ten (10) calendar days after award of Contract. During the construction, the Contractor shall attend all weekly construction progress meetings. The meeting schedule and place will be discussed in the pre-construction meeting.

3.6 Pursuant to clause 52.236-8 Other Contracts incorporated by reference under section 4.33 52.252-2 Clauses Incorporated by Reference, Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. If required by the Contracting Officer, Contractor shall, at no additional cost to the VA, coordinate with other VA’s activities including but not limited to construction activities near the job site to ensure the construction work under this project will be in harmony with those activities. This coordination shall include but not limited to the careful scheduling of work commencement, equipment mobilization etc.

4 HOURS OF OPERATION

4.1 VA’s Normal Working Hours are 7:00 am to 4:30 p.m., Monday through Friday. Contractor may work earlier or later in the day and on weekends or federal holidays with the COR’s approval at no additional cost to the VA. Noise disturbances and utility shutdowns/tie-ins shall be coordinated with the COR and not interfere with VA daily operations.

4.2 The following legal holidays are observed by this Government Agency:

New Year's Day January 1st Martin Luther King's Birthday Third Monday in January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th and any day declared by the federal government as holiday.

5 PROJECT MEETINGS

5.1 Each week the contractor shall hold a progress meeting to review progress to date and to resolve all questions for the upcoming week. The progress meeting shall include at a minimum, the Project Manager and the Superintendent representing the Contractor, the COR and the CO representing the Government. Technical supervisor (foreman), sub-contractors, suppliers, etc. shall attend when requested by the Contracting Officer. The meeting shall be same day, time, and place each week.

5.2 Meeting Minutes - The contractor shall take minutes of all meetings held relative to this project. The format must be acceptable to the Contracting Officer (CO). Minutes must include the meeting date and time; agenda; meeting location; list of participants with their affiliations, and telephone numbers; be fully descriptive of issues, problems and decisions made; and action items with names of responsible parties and deadlines. In addition, the minutes must include, as attachments, all exhibits and references distributed as handout materials, unless the materials are part of a formal submission. The contractor shall provide, via e-mail, complete copies of all minutes to all attendees within 72 hours of the meeting. All challenges to the minutes will be reflected in a revised version prepared by the contractor and CO along with the contractor and COR shall sign/initial the minutes. In the event of any disputes or challenges that can’t be resolved, the Contracting Officer shall render a final decision. Copies of updated minutes shall be distributed to the all attendees within 48 hours after change notice.

6 ID BADGE REQUIREMENT

6.1 Contract workers under this project will require a flash badge from the VA before start of construction work inside the main building of the G.V (Sonny) Montgomery VAMC. There is no charge for flash badges. Coordinate with COR for further instructions when needed.

6.2 All contractor personnel are subject to inspection of personal effects when entering or leaving the project site.

7 PARKING

7.1 Parking is rigidly controlled throughout the Medical Center. Contractor parking is only allowed in authorized areas. Contractor shall abide by all police requirements. Parking in designated patient parking areas is strictly prohibited. Parking for unloading equipment necessary to perform the work will be authorized in advance of starting the project.

8 CHANGES

8.1 The contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which may affect the contract terms and conditions, quality, quantity, price, and/or delivery. It is highly encouraged and advised that the contractor contact the Contracting Officer for approval in the event there are changes prior to proceeding. No other individual has the authority to make this binding changes and/or commitments. If the contractor commits to such changes at the direction of any other person than the Contracting Officer, the changes shall be considered to have been made without proper authority and no adjustment shall be made in contract price to cover any increase in costs incurred as a result thereof.

--- End---

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(SEE PARAGRAPH 2.5 FOR ADDITIONAL BONDING INFORMATION)

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.214-31 FACSIMILE BIDS (DEC 1989)

(a) Definition. "Facsimile bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.

(b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation.

(c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.

(d) Facsimile bids must contain the required signatures.

(e) The Government reserves the right to make award solely on the facsimile bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid.

(f) Facsimile receiving data and compatibility characteristics are as follows:

(1) Telephone number of receiving facsimile equipment: NA

(2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model number, receiving speed, communications protocol):

NA

NA

(g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following:

(1) Receipt of garbled or incomplete bid.

(2) Availability or condition of the receiving facsimile equipment.

(3) Incompatibility between the sending and receiving equipment.

(4) Delay in transmission or receipt of bid.

(5) Failure of the bidder to properly identify the bid.

(6) Illegibility of bid.

(7) Security of bid data.

(End of Provision)

2.2 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

FAR Number
Title
Date
52.222-5
CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK
MAY 2014

2.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade
Goals for female participation for each trade
30.3 %
6.9 %

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 Jackson, MS Hinds County

(End of Provision)

2.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Renardo Hollowell Contracting Officer Hand-Carried Address:

2200 Fort Roots Road Bldg. 41, Room 208 North Little Rock 72114 Mailing Address:

Department of Veteran Affairs Network Contracting Office 16 2200 Fort Roots Road Bldg. 41, Room 208 North Little Rock AR 72114

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— July 30, 2018, 10:00 am

(c) Participants will meet at— G.V. (Sonny) Montgomery VAMC Engineering Suite Room I-101 (End of Provision)

2.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

FAR Number
Title
Date
52.204-7
SYSTEM FOR AWARD MANAGEMENT
OCT 2016
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.204-16
COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
JUL 2016
52.204-22
ALTERNATIVE LINE ITEM PROPOSAL
JAN 2017
52.214-3
AMENDMENTS TO INVITATIONS FOR BIDS
DEC 2016
52.214-4
FALSE STATEMENTS IN BIDS
APR 1984
52.214-5
SUBMISSION OF BIDS
DEC 2016
52.214-6
EXPLANATION TO PROSPECTIVE BIDDERS
APR 1984
52.214-7
LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS
NOV 1999
52.214-18
PREPARATION OF BIDS—CONSTRUCTION
APR 1984
52.214-19
CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION
AUG 1996
52.214-34
SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE
APR 1991
52.214-35
SUBMISSION OF OFFERS IN U.S. CURRENCY
APR 1991

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

(End of Clause)

2.10 VAAR 852.246-75 WARRANTY FOR CONSTRUCTION--GUARANTEE PERIOD SERVICES (JAN 2008) The clause entitled "Warranty of Construction" in FAR 52.246-21 is supplemented as follows:

Should the contractor fail to prosecute the work or fail to proceed promptly to provide guarantee period services after notification by the contracting officer, the Government may, subject to the default clause contained at FAR 52.249-10, Default (Fixed- Price Construction), and after allowing the contractor 10 days to correct and comply with the contract, terminate the right to proceed with the work (or the separable part of the work) that has been delayed or unsatisfactorily performed. In this event, the Government may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The contractor and its sureties shall be liable for any damages to the Government resulting from the contractor's refusal or failure to complete the work within this specified time, whether or not the contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work.

(End of Clause)

FAR Number
Title
Date
852.233-70
PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
JAN 2008
852.233-71
ALTERNATE PROTEST PROCEDURE
JAN 1998

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics,
Risk Management Team, Department of Veterans Affairs
810 Vermont Avenue, N.W.
Washington, DC 20420

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

Director, Office of Construction and Facilities Management
811 Vermont Avenue, N.W.
Washington, DC 20420

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

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

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

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, 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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

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

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

(ix) 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.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 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.

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

(xviii) 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.)

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

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiii) 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.

(xxiv) 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 via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database 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.

FAR Clause #
Title
Date
Change

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)

3.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(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 database via https://www.acquisition.gov (see 52.204-7).

(End of Provision)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

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