36C25818R0309-001.docx

36C25818R0309

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.

36C25818 B X 06-14-2018 605-17-417 Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014 Department of Veterans Affairs Phoenix VA Healthcare System 777 E. Missouri, Suite 300 Phoenix AZ 85014 Michael Banks 602-795-4394 Project Number 605-17-417 Legionella Prevention (LLVAMC)

This solicitation calls for the construction of a Legionella Prevention System throughout the Loma Linda VA Medical Center located in Loma Linda California

Job Walk: 22 June 2018 @ 10 a.m., LLVAMC 11201 Benton Street, Loma Linda, CA 92357 Coordinate withCOR listed in Section B.10 Attendees are to meet at the South Side of the main building, opposite loading dock in front of the steel stairway next to the eye clinic.

Contractor shall furnish all labor, equipment, certification, supervision, and materials necessary to perform all operations in connections with this order.

Awardee shall perform work in strict accordance with General Specifications, Statement of Work, Attachments, Schedule, Site Drawings, and terms and Conditions set forthin the contract.

This requirement is 100% set aside for SDVOSB concerns

Magnitude of this project is $500,000 and $1,000,000.

Applicable NAICS Code and Size Standard for this Acquisition is 238220 / $15 Million

Please provide a reference number for any additional documents provided in response to this solicitation, as well as current DUNS or CAGE code Wage determination applicable to the solicitation is General Decision Number: CA180037

All Bids shall be submitted via email to michael.banks6@va.gov , or hard copy to the address listed in block 7 of this solicitation

Public Bid opening will take place at 1000 Arizona time, on the morning of 18 July 2018. Opening will be held in conference room 305 of address listed in block 7 of this solicitation

RFIs Due: 29 June 2018 @ 11 a.m. (submit to michael.banks6@va.gov) RFI Responses Due: 6 July 2018 (posted) X X 52.211-10 X 07-18-2018 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

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 E. Missouri, Suite 300 Phoenix AZ 85014 This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

Table of Contents

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Provide construction services for Legionella Mitigation

A.2 DELIVERY SCHEDULE

LLVAHCS (605)

11201 Benton Street Loma Linda, CA 92357 1000

USA

Page 1 of

SECTION B - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

36C25818R0309

Page 1 of

Statement of Work Legionella Prevention Construction 12 June 2018 Loma Linda, California VA Health Care System (605)

605-18-1-6012-0008

B.1 INTRODUCTION:

This requirement is for the installation of Legionella Mitigation for Loma Linda California VA Health Care System (LLVAHCS). This requirement is classified under construction as it calls for the alteration of real property

B.2 BACKGROUND / DESCRIPTION OF WORK:

The Veterans Affairs Healthcare System located in Loma Linda, California (605) requires construction services for demolition, removal of existing structures, labor, materials and performance of all work necessary for the installation of a facility wide Legionella Mitigation. This project was designed entirely by the government without aid of an outside AE firm.

B.3 CONSTRUCTION DOCUMENTS AND

Contractor shall furnish all labor, equipment, certification, supervision, and materials necessary to perform all operations in connections with this order. Contractor shall perform work in strict accordance with the General Specifications, Statement of Work, schedule, and all other supporting documents for this contract to include, but not limited to the following documents:

100% CONSTRUCTION DOCUMENTS

VA LOMA LINDA HEALTHCARE SYSTEM

LEGIONELLA PREVENTION CONSTRUCTION

AT DEPARTMENT OF VETERANS AFFAIRS

LOMA LINDA MEDICAL CENTER

EXISTING CW, HW & HWR RISER DIAGRAMS

B.4 SPECIFICATIONS:

A. Table of Contents _ Section 00, 01, 10 B. General Requirements_ Section 01, 00, 00 C. Shop Drawings, Product Data, and Samples_ Section 01, 33, 23 D. Safety Requirements_ Section 01, 35, 26 E. Reference Standards_ Section 01, 42, 19 F. General Commissioning Requirements_ Section 01, 91, 00 G. Demolition_ Section 02, 41, 00 H. Firestopping_ Section 07, 84, 00 I. Common Results for Plumbing_ Section 22, 05, 11 J. Common Work Results for Plumbing_ Section 22, 05, 11 K. Meters and Gauges for Plumbing Piping_ 22, 05, 19 L. General Duty Valves for Plumbing Piping_ 22, 05, 23 M. Plumbing Insulation_ Section 22, 07, 11 N. Commissioning of Plumbing System_ Section 22, 08, 00 O. Facility Water Distribution_ Section 22, 11, 00 P. Requirements for Electrical Installation_ Section 26, 05, 11

B.5 SPECIFIC REQUIREMENTS

A. General Requirements

1) General Requirement: Provide all labor, materials, tools, equipment, engineering, and construction including demolition and removal of existing structures, and furnish labor and materials and perform work for facility wide Legionella Prevention Construction at the VA Loma Linda Healthcare System, California.

2) Project Scope: Prevention of Healthcare associated (HCA) Legionella Disease through proper hot water (HW) distribution, temperature control and monitoring. Water quality and pressure monitoring of potable water entering each building is subject to Directive 1061 and shall be continuously monitored for incoming pressure and the following characteristics: temperature, pH, dissolved solids, and oxidant residual. This VHA directive establishes policy for the monitoring of cold water temperature of the main incoming water supply and distribution systems where patients, residents or visitors experience an overnight stay at the VA Loma Linda Healthcare system.

3) Additional references are included in this solicitation such as Existing CW, HW & HWR riser diagrams from Year 1975 (original construction drawings Sheets 1-P234 through 1-P241); CW, HW & HWR Riser Diagram from January 2017; Circuit Solver Brochure; and Hach water distribution monitoring panel spec sheet.

4) Provide commissioning of new HW control system by certified commissioning agent.

5) All utility shutdown shall be done only between 10PM-4AM. A 3-week prior notice for approval by contacting officer or his designee is mandatory.

B. General Construction:

1) The contractor will furnish all materials, equipment, supervision, and personnel necessary to accomplish the project as indicated on the attached contractual documents. The project will involve but not be limited to trades required for the complete Legionella Mitigation as indicated below:

a. Domestic Cold Water and Hot Water System Piping Modification at Basement level and First Floor Mechanical Room:

i. Provide and install continuous monitoring system of incoming water to the main building for Chlorine, pH, Conductivity, Turbidity, Pressure and Temperature. Continuous monitoring equipment similar Hach Model WDMP-sc or approved equal. See attached cut-sheet for details. Tie in continuous monitor to existing Andover Building Management System (BMS).

ii. Provide and install electronic hot water (HW) temperature sensors from the domestic hot water tanks and discharge from existing mixing valve; temperature coming from the building and the fuel cell provided heat exchanger. See drawings for additional details. Monitoring shall be through existing Andover Building Management System (BMS).

iii. Provide and install electronic building HVAC Re-heat water supply and return temperature sensors. Monitoring shall be through existing Andover Building Management System (BMS).

iv. Provide and install circuit setter flow control device on all eight (8) building risers at and CLC hot water return at basement level to balance building hot water and hot water return distribution. Existing HWR pipe sizes at basement level ranges 1” – 1.25”.

v. Install electronic temperature sensor on HW riser at basement level on all eight (8) locations. Monitoring shall be through existing Andover Building Management System (BMS).

vi. Install electronic temperature and flow sensors on HWR riser at basement level on all eight (8) locations. Monitoring shall be through existing Andover Building Management System (BMS).

vii. Install thermometer on HW and HWR risers on all (8) basement locations for visual check of temperature going to and coming from four floor levels above.

viii. Rebalance (Testing and Balancing by certified TAB contractor) entire HWR system through new circuit setters in at basement from each service bay tower to match capacity of existing HW recirculating pump.

ix. Provide electronic building HVAC Re-heat water supply and return temperature sensors. Monitoring shall be through existing Andover Building Management System (BMS).

b. Domestic Cold Water (CW) System Piping Modification at 32 service bay locations:

i. Provide and install new ¾” copper piping with two (2) lockable isolation valves and hose connection at floor level. One valve shall be a Normally Open (NO) and one Normally Closed (NC). Pipe vertical run is approximately 15-20 feet and horizontal run of 15-20 feet. See drawings for additional details.

ii. Tie-in new ¾” piping to existing 3”-4” copper pipe.

iii. Provide pipe supports per Uniform Plumbing Code.

iv. Fireproof all pipe penetrations through walls

v. Replace up eight (8) CW isolation valves, sizes 3” – 4”. This is required when isolation valve would not hold. Pre-test all valves prior to any utility shutdown.

c. Domestic Hot Water (HW) System Piping Modification at 32 service bay locations:

i. Provide and Install electronic flow meter rated for 0-10 GPM and tied into existing 3” – 4” copper pipe. Monitoring shall be through existing Andover Building Management System (BMS).

ii. Provide and Install temperature sensor rated for 80-150 deg F to monitor temperature at each service bay.

iii. Provide and install new ¾” copper piping with two (2) lockable isolation valves and hose connection at floor level. One valve shall be Normally Open (NO) and one Normally Closed (NC). Pipe vertical run is approximately 15-20 feet and horizontal run of 15-20 feet. Provide pipe supports per Uniform Plumbing Code.

iv. Provide and Install Low Voltage Wiring and conduit for connection to existing Andover System inside each service bay

v. Replace up eight (8) HW isolation valves, sizes 3” – 4”. This is required when isolation valve would not hold. Pre-test all valves prior to any utility shutdown.

vi. Provide and install thermometer on HW riser on all (8) 4th floor level.

d. Domestic Hot Water (HWR) System Piping Modification at 32 service bay locations:

i. Provide and install Circuit-Solver thermostatic flow control device rated for 2-10 GPM. Circuit-Solver shall maintain a loop temperature of 124 deg F. See attached brochure for additional details. Provide necessary isolation valves for maintenance purposes.

ii. Provide and Install electronic flow meter rated for 0-10 GPM to be tied-in to existing ¾” copper pipe. Monitoring shall be through existing Andover Building Management System (BMS).

iii. Provide and Install temperature sensor rated for 80-150 deg F to monitor temperature at each service bay. Monitoring shall be through existing Andover Building Management System (BMS).

iv. Provide and install new ¾” copper piping with two (2) lockable isolation valves and hose connection at floor level. One valve shall be Normally Open (NO) and one Normally Closed (NC). Pipe vertical run is approximately 15-20 feet and horizontal run of 15-20 feet. Provide pipe supports per Uniform Plumbing Code.

v. Provide and Install Low Voltage Wiring and conduit for connection to existing Andover System inside each service bay.

vi. Provide and install new ¾” copper piping with two (2) lockable isolation valves and hose connection at floor level. One valve shall be Normally Open (NO) and one Normally Closed (NC). Pipe vertical run is approximately 15-20 feet and horizontal run of 15-20 feet. Provide pipe supports per Uniform Plumbing Code.

vii. Replace up eight (8) HWR isolation valves, size ¾”. This is required when isolation valve would not hold. Pre-test all valves prior to any utility shutdown.

viii. Provide and install thermometer on HWR riser on all (8) 4th floor level.

e. Andover Building Management System (BMS) shall include:

i. Expand Andover BMS ports in 32 service bays as needed.

ii. Programming Graphic Page for Domestic Water System monitoring.

iii. Provide Hi/Lo Water Temp Alarms.

f. Main Hospital Domestic Hot Water System:

i. Provide and Install four (4) Temperature Sensors at the “plate & frame” heat exchanger entering and leaving fuel cell “LGHW”.

ii. Provide and Install four (4) temperature sensors located at existing two (2) steam heat exchangers.

iii. Provide and install one (1) temperature sensor located on the entering ipe of “THE BRAIN”.

iv. Provide and install one (1) temperature sensor located between the common leaving Hot Water Pipe of “Steam HX” & entering pipe of “THE BRAIN”.

v. Provide and install low voltage wiring and conduit for connection to existing Andover BMS.

vi. Provide programming, Start-up & Testing of existing Andover BMS.

vii. Provide Graphics & Mapping of points of existing Andover BMS.

viii. Provide and install new BACnet communication wiring between “THE BRAIN” and existing Andover BMS.

ix. Change leaving water temperature set point of the “THE BRAIN” from 130 to higher temperature after the entire system is rebalanced and maintaining a return temperature of 124 deg F in service bays. This process will require extensive trial and error to meet desired supply hot water temperature. Steam HX produces 145 deg F HW supply to the building.

x. Migrate the existing Control Points from Siemens to existing Andover Control System.

C. Sustainable Design and Energy Reduction

1) Federal Mandates require all Federal government construction projects to comply with sustainability and energy reduction requirements. To this end, the VA is committed to the “Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings.”

2) The U.S. Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED) rating system provides a well-known industry framework to achieve the Federal Mandates.

3) General Contractor is coordinate with A/E to register the project through USGBC at a minimum of Silver for the construction phase of the project.

4) A third-party commissioning agent hired by contractor shall perform the commissioning of the project. VA and the AE consultant will support commissioning the project for design through USGBC.

5) The LEED Certification effort is a collaborative effort between LLVAMC, the A/E and the General Contractor.

a. ENVIRONMENTAL/OCCUPATIONAL SAFETY AND HEALTH (EOSH)

a. EXPECTATION: All General Contractor submissions for project shall contain language that addresses all applicable EOSH requirements.

b. Regulatory Compliance – EOSH requirements for work performed at the above location can be found in:

c. Volume 29 of the Code of Federal Regulations, Part 1910 – Occupational Safety for General Industry

d. Volume 29 of the Code of Federal Regulations, Part 1926 – Occupational Safety for The Construction Industry

e. Volume 40 of the Code of Federal Regulations – Protection of The Environment

f. Volume 49 of the Code of Federal Regulations, Part 397 – Transportation of Hazardous Materials

D. SITE SURVEY

1) EXPECTATION: Contractor will make site visits as necessary to survey existing conditions.

2) Make site visits as required to determine existing as-built conditions affecting this project. May include power metering, air flow testing, utility Survey, etc.)

a. Provide any civil, structural, architectural, electrical, and mechanical investigative work including exterior site work, of both existing and designed systems necessary to insure the accuracy of the design.

b. Prepare any measured drawings of existing systems of facility required to insure the accuracy of the design.

1. NOTE: Information including drawings and other documentation provided to the general contractor is used as reference only. All additional references and specifications are available in VHA’s Technical Information Library at address http://www.cfm.va.gov. AutoCAD background drawings will be provided by the VA upon request.

2. The general contractor shall field verify all dimensions and submit shop drawings for approval by contracting officer. Coordinate site visits with the COTR.

B.6 CONFORMANCE STANDARDS:

A. All design and construction accomplished pursuant to this contract shall comply with the latest edition of the following documents unless the contractor is directed otherwise by the Contracting Officer. Any exceptions must be approved in writing by the Contracting Officer prior to construction startup. Pertinent VA Criteria which can be downloaded from the Internet at http://www.cfm.va.gov/TIL including but not limited to:

a. VA Master Construction Specifications

· https://www.cfm.va.gov/til/spec.asp#01

b. VA Construction Standards

c. VA Seismic Design Handbook

d. VA Space Planning Criteria

e. VA Design Manuals

f. VA CADD Standards

g. NFPA 101, Life Safety Code

h. NFPA 70, National Electric Code

i. NFPA 99, Health Care Facilities

j. NFPA 12, Installation of Sprinkler Systems

k. Accessibility Standards (ADAAG, ABAAS, Barrier Free Design Guide)

l. AIA Guidelines for Construction and Equipment of Hospital and Medical Facilities

m. International Building Codes

n. State and Local codes and guidelines (as applicable)

B.7 HOURS OF COVERAGE:

A. Normal hours of operation are Monday through Friday from 7:30 am to 4:00 pm California time (no daylight savings). All work is expected to be performed generally during normal hours of coverage unless requested or approved by the COR or his/her designee.

B. Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building. All work performed, to include delivery of materials and equipment, shall be made with minimal interference to Government operations and personnel.

C. Work performed outside the normal hours of coverage must be approved by the COR or his/her designee.

D. All work requiring utility shutdown is to be performed outside of normal business hours as necessary to avoid disruption of daily operation of the VA facility.

E. Federal Holidays observed by LLVAHCS are:

B.8 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

A. The Contractor's FSEs shall wear visible identification issued by LLVAHCS Police Section at all times while on the premises of LLVAHCS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. LLVAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at NAVAHCS. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

B.9 INFORMATION SECURITY:

A. In accordance with Appendix A, Handbook 6500.6 Checklist blocks 7, the C&A requirements do not apply to this requirement, and Security Accreditation Package is not required. The nature of this requirement is technical; however, there is no information to be protected.

B.10 OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS:

Q. Delivery of preventative maintenance shall be coordinated through the Engineering Department located at:

Loma Linda VA Health Care System (605) 11201 Benton Street Loma Linda, California 92357-1000 Point of Contact – Larry Barrett (909) 825-7084 ext.2925

B.11 PERIOD OF PERFORMANCE:

A. Commencement of work shall begin within 10 days after receipt of written Notice to Proceed (NTP), and should last no longer than a duration of 365 Days after date NTP is issued.

B.12 SUBMITTALS:

A. Contractor shall submit all required material/shop drawing submittals to the Contracting Officer within 10 calendar days of award, or as agreed to by the Contracting Officer for approval. No materials shall be installed prior to approval.

B. All material submittals and shop drawings shall contain, and have the Project Title, Project Number, and Contract number clearly indicated.

C. Material submittals and shop drawings shall be checked and signed by the Contractors Quality Control Manager prior to submission to the Government.

D. Submittals shall be legible, and shall include all technical data needed to verify that the item meets requirements of listed specifications, and applicable codes.

B.13 COMMENCEMENT, COMPLETION, AND PAYMENT FOR WORK:

A. The Contractor shall be required to commence work required at the time specified on the Notice to Proceed (NTP), execute the work, and complete the entire work not later than the completion time specified on the NTP. The time stated for completion shall include final cleanup of the premises. At the government’s option, it may choose to specify a two-stage performance period. For example, separating material lead-time from construction days can considerably decrease the length of time occupied buildings are inconvenienced by construction.

B. Before commencement of work, the Contractor shall confer with the VA COR and Contracting Office to agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications; location of partitions, eating spaces, and restrooms for the Contractor employees; and the like. Delivery of materials and equipment shall be made with minimal interference to Government operations and personnel.

C. The Contractor will be paid monthly upon submission of proper invoices for work completed. If the performance period exceeds 30 days and a progress schedule (approved by the Government) has been submitted, partial payment(s) may be authorized. Final payment will be withheld until all discrepancies are corrected and as-built drawings are approved by the Government.

B.14 MODIFICATIONS:

A. Modifications for this project after award will utilize the modification table and will be filled out when submitting a request. All requests must be submitted to the assigned COR who will then submit a formal request to the Contracting Officer (CO). New work is not allowed to commence unless it is signed by both parties via a Standard Form (SF) 30 modification.

605-15-1-6012-0008 VA258-18-AP-0119

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SECTION C - CONTRACT CLAUSES

C.1 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

(End of Provision)

C.2 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:

Michael Banks Justin Hicks Hand-Carried Address:

Department of Veterans Affairs

777 E. Missouri, Suite 300 Phoenix AZ 85014 Mailing Address:

Department of Veterans Affairs

777 E. Missouri, Suite 300 Phoenix AZ 85014

(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)

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. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

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

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of Clause)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

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 365 days after receipt of award. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

4.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 238220 assigned to contract number .

[Contractor to sign and date and insert authorized signer's name and title].

(End of Clause)

4.5 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause— “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

4.6 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

4.7 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)

4.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause— "Commercially available off-the-shelf (COTS) item"—

(1) Means any item of supply (including construction…