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PAGE OF PAGES
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
1. REQUEST NO.
2. DATE ISSUED
3. REQUISITION/PURCHASE REQUEST NO.
4.
CERT. FOR NAT. DEF.
RATING
UNDER BDSA REG. 2
AND/OR DMS REG. 1
5A. ISSUED BY
6. DELIVER BY (Date) 5B. FOR INFORMATION CALL: (No collect calls)
7. DELIVERY
NAME
TELEPHONE NUMBER
FOB DESTINATION
(See Schedule)
OTHER
AREA
CODE
NUMBER
9. DESTINATION
a. NAME OF CONSIGNEE
8. TO:
a. NAME
b. COMPANY
b. STREET ADDRESS
c. STREET ADDRESS
c. CITY
d. CITY
e. STATE
f. ZIP CODE
d. STATE
e. ZIP CODE 10.
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ON
OR BEFORE CLOSE OF BUSINESS (Date) This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
ITEM NO.
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(a) (b) (c) (d) (e) (f)
a. 10 CALENDAR DAYS %
b. 20 CALENDAR DAYS %
c. 30 CALENDAR DAYS %
d. CALENDAR DAYS
NUMBER
PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION
15. DATE OF QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS
16. SIGNER
a. Name (Type or print)
b. TELEPHONE
c. COUNTY
AREA CODE
d. CITY
e. STATE
f. ZIP CODE
c. TITLE (Type or print)
NUMBER
IMPORTANT:
11. SCHEDULE (Include applicable Federal, State and local taxes)
12. DISCOUNT FOR PROMPT PAYMENT
(THIS IS NOT AN ORDER)
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 18
REV. 6-95)
Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
REQUEST FOR QUOTATIONS
X 36C26118Q0444 04-12-2018 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Sierra Nevada Health Care System 975 Kirman Avenue Reno NV 89502-2597 Megan Barr 775-785-7154 Department of Veterans Affairs VA Sierra Nevada Health Care System 975 Kirman Avenue Reno
NV
89502 05-14-2018 Project 593-18-119 Fisher House and Accessible Route The contractor shall furnish all labor, materials, equipment, supervision, supplies, travel, etc. for the construction of an accessible route with required accessories from the medical center parking lot to the Fisher House main entrance with flashing solar powered LED crosswalk signs and to install a self-contained LED illuminated building signs.
Bid, payment and performance bonds are required.
NAICS Code: 236220, Size Standard: $36.5 Million An award will be made to the responsible quoter whose quote, conforming to the RFQ will be most advantageous to the Government, considering only price. Quote shall be submitted by email to megan.barr@va.gov.
This procurement has been 100% set aside for SDVOSBs.
IAW VAAR 836.204 - Disclosure of Magnitude for this VA project is between $100,000 and $250,000.
X
Scope of Work
PROJECT IDENTIFICATION
Project Title: Fisher House Sign and Accessible Route, Project Number: 593-18-119 Project Location: VA Southern Nevada Healthcare System (VASNHS) 6900 N. Pecos Rd., North Las Vegas, NV. 89086
PROJECT DESCRIPTION
Construct accessible route at VASNHS, 6900 N. Pecos Rd., North Las Vegas, NV 89086 with required accessories from the Medical Center parking lot to Fisher House main entrance with flashing solar powered LED crosswalk signs and to install a self-contained LED illuminated building sign. Also, to provide accessible route concrete walkway with LED lighted bollards and Emergency call button inside Fisher House compound per attached plan. All labor and material shall be supplied by the Contractor.
OBJECTIVES
The Contractor shall supply all labor and materials for the construction of a safe accessible route for Veterans and VA personnel. Additionally, the contractor shall supply all labor and materials for constructing a building sign to meet the VA wayfinding requirements. The contractor shall provide and install the following to meet VA requirements for the Fisher House:
1. Provide LED illuminated and double sided exterior monument sign. Pedestal to match existing building stone veneer. Connect power to existing street light circuit 277 volts. Fisher House logo and text per VA standards. Provide photo electric on-off switch for illumination. Minimum sign dimension 4’-0” H x 8’-0” W x 1’-0” D.
2. Provide reinforced concrete accessible sidewalk (6’ wide X 4” thick). Reinforce concrete sidewalk with #3 bar @ 5’ OC longitudinal at both sides and 6”X6” welded wire mesh. Concrete walkway to be 4,500psi with broom finish. Concrete walkway to meet ADA maximum slope requirements. Place crushed rock under concrete walkway as needed. Provide culvert (18” corrugated) where walkway cross the existing surface drainage flowline in two locations. Provide 2” dia X 8’ long schedule 80 PVC pipe sleeve buried at 24” deep with cap at both ends as shown.
3. Demolish existing vegetation and rock landscape within the footprint of new accessible route concrete walkway. Cut fence opening and provide 2ea. swinging gates to match existing fence with emergency exit push bar device as shown.
4. Demolish an 8’ opening at existing CMU low wall with cap at front of Fisher House.
5. Demolish portions of the CMU low wall (approx. 20’ long-both sides) and slope existing curb (approx. 3’ long-both sides) per notes on the plans. The newly exposed CMU low wall shall have stucco to match existing finish and color. Verify slope and adjust to meet accessible route requirements of 1:20 (5%) max. running slope and 1:50 (2%) cross slope max. Dress up and level rock landscape at all edges of new accessible concrete walkway finish elevation and slope to existing grade. Match existing rock landscape material.
6. Provide 2 ea. Network Hardwired Duress Buttons (LynxNETPB) with posted blue letters “EMERGENCY CALL BUTTON” and white background 11”X17” sign, mounted on 2”X2”X5’ high aluminum square post with cap. Duress button to be at 42” high from finish grade. Unit shall be connected and compatible to VA Lynx computer software system. Installer Manufacturer’s Certification is required.
7. Provide 14 ea. lighted bollards to match existing, along the route as shown. Provide power to lighted bollards.
8. Provide white reflective painted block crosswalk bars, 8’LX12”W @ 3’ on center as shown. Provide stop bars to match crosswalk bars and placed 4’ away from crosswalk. Provide 2ea. solar powered high intensity flashing LED crosswalk signs with “Press” to cross button. Flashing lights to be synchronized and flash at the same time when either buttons is pressed.
9. Construct 6” concrete curb ramps with truncated dome tactile warning strip per ADA requirements as shown. Reinforce concrete curb ramp with #3 bars and 6X6 wire mesh.
10. Protect adjacent materials to remain; repair any damages as a result of demolition/construction at no cost to Government.
GOVERNMENT PERSONNEL
Contracting Officer Representative
| Name: |
| Bernardo Borja, Engineering Technician (COR) |
| Section: |
| Engineering Service (138) / Projects Section |
| Address: |
| 6900 N. Pecos Rd. N. Las Vegas 89086 |
| Phone Number: |
| 702-791-9000 ext. 14791 |
| Fax Number: |
| 702-224-6922 |
| E-Mail Address: |
| Bernardo.Borja@va.gov |
GOVERNMENT FURNISHED MATERIALS
The Government will provide the following materials to the contractor at solicitation time to assist with the project.
| ITEM |
| DATED |
| DESCRIPTION |
| 01 |
| Jan 2018 |
| Concrete Walkway and Crosswalk Plan & Topo Reference Plan |
| 02 |
| Feb 2018 |
| Specifications, Fisher House Sign and Accessible Route |
CONTRACTOR’S QUALITY ASSURANCE/QUALITY CONTROL
To reduce construction errors and omissions, the construction team shall develop and execute a QA/QC plan that demonstrates the project plans and specifications have gone through a rigorous, thorough review, coordination effort and minimum of three phases of inspection/control procedures.
Within 10 business days after receipt of Notice to Proceed (NTP), the Construction team shall submit a QA/QC plan describing each task that will be taken during construction phase of the project; name of team member responsible for QA/QC for Contracting Officer approval. Each task shall be initialed and dated by the responsible team member.
SUBMITTALS
Provide submittals per Section 01 33 23 of the attached Specifications within 10 days after receipt of Notice to Proceed (NTP).
RISK CONTROL
The VASNHS is an active hospital and therefore will require consideration to those areas with patients and staff.
The Contractor shall be responsible for the administration and management of all aspects of this SOW. This includes responsibility for all Contractor employees, subcontracts, agents, and anyone acting for or on behalf of the Contractor.
The Government is authorized to restrict the employment under the contract of any Contractor employee or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general wellbeing, or operational mission of the installation and its population.
Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installation in conjunction with this contract. This shall be accomplished through the wear of distinctive clothing, overcoats, rain gear, or hats, bearing the company name or logo. The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.
Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.
All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA grounds. I.D. badges shall have an identification picture, and shall state the name of the individual and the company they represent. The VA will issue an ID badge upon the completed fingerprinting process.
The parties agree that the Contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.
SECURITY
Contractors do not need and shall not be allowed access to any VA personnel or VA patients Personal Health Information (PHI) or Personally Identifiable Information (PII) in the performance of the requirements of this SOW. Additionally, the contractor does not need and shall not be allowed access to VA sensitive information in the performance of the requirements of this SOW.
The contractor shall not connect contractor-owned IT devices (laptop computer or remote connection from a contractor system) to a VA internal trusted (i.e., non-public) network. Computer certification and accreditation requirements do not apply, and a security accreditation package is not required.
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
SITE VISITS
The Contractor shall visit the work site prior to commencing the construction and be familiar meet with the VASNHS project site. The Contractor shall survey the existing facility to the extent required to confirm existing conditions and equipment currently installed. New construction materials and equipment to match existing unless variation submittal is approved by Contracting Officer.
PERIOD OF PERFORMANCE
The Government expects to award a task order and issue a notice to proceed upon task order award. The project requires the tasks to be completed within 120 calendar days after issuance of Notice to Proceed (NTP).
The Government requires a minimum of fourteen (14) calendar days to review the contractor’s submittal(s) inclusive of all requirements (tasks) specified in this scope of work.
PRICING
The Contractor shall submit a detailed Schedule of Values (CSI format) for Government CO approval required for invoice payments.
The contractor shall describe how they will structure a team, the approach to manage and accomplish the work, and list professional experience of team members to include a Project Management Plan.
APPLICABLE REFERENCES
The references listed below are not intended to be all inclusive. The Contractor shall ensure that all applicable references and/or standards are followed.
| # |
| VA Standard Title/Section |
| 1 |
| Master Construction Specifications Index (PG-18-1) |
| 2 |
| VHA PROGRAM GUIDE (PG-18-3 Design and Construction Procedures) |
| 3 |
| National CAD Standard Details (PG-18-4) |
| 4 |
| Equipment Guide (PG-18-5) |
| 5 |
| Equipment Inspection Manual (Program Guide 7610.2) |
| 6 |
| Equipment Reference Manual (PG-18-6) |
| 7 |
| VA Handbook H-18-8, Seismic Design Requirements |
| 8 |
| Space and Facility Planning (PG-18-9) (Handbook 7610) |
| 9 |
| Design Manuals (PG-18-10) |
| 10 |
| Design Guides (PG-18-12) |
| 11 |
| Accessibility (PG-18-13) |
| 12 |
| Room Finishes, Door and Hardware Schedule (PG-18-14) |
| 13 |
| A/E Submission Instructions (PG-18-15) |
| 14 |
| A/E Design Submission Requirements (Submittal Guide PG-18-15) |
| 15 |
| Environmental Compliance Manual (PG-18-17) |
| 16 |
| Fire Protection Design Manual - Fourth Edition |
| 17 |
| VA Cost Estimating |
| 18 |
| Physical Security Design Manuals for VA Facilities - Mission Critical Facilities |
| 19 |
| VA Signage Design Guide |
| 20 |
| Sustainable Design and Energy Reduction Manual (Final Draft) |
| 21 |
| NATURAL DISASTERS NON-STRUCTURAL RESISTIVE DESIGN (formerly CD-54) |
| 22 |
| International Building Code 2012 |
| 23 |
| National Electric Code – Latest Edition |
| 24 |
| VHA Directive 1061 |
| 25 |
| VA Plumbing Design Manual |
| 26 |
| VA OHI Report No. 13-01189-267 |
TASK A: PROJECT CONSTRUCTION SCHEDULE
With each period of performance during the duration of the project, the Contractor shall provide a detailed Critical Path Method (CPM) or similar, estimated project construction schedule. The schedule shall include the tasks listings aligning with specifications to be performed during the construction phase and can include an estimated procurement schedule based on product lead times and project/installation requirements, if needed. Each task will be assigned a duration. When developing the schedule the contractor should account for conditions that would impede conventional construction means and methods such as alternate work hours and coordination requirements with the VASNHS. Typical task durations should be adjusted as necessary for working in a fully operational hospital. Every effort should be made to minimize the impact to patient services. The estimated construction schedule should be developed and provided to the COR as a MS Project document.
Deliverable
The project construction schedule submittal shall include four (4) hardcopies and an electronic version with the schedule tasks. The contractor shall develop a format for the schedule and submit for government approval before completing the task.
TASK B: PROJECT CONSTRUCTION COST PROPOSAL
The Contractor shall provide a project construction cost proposal to be submitted concurrently with each period of performance indicated above. The proposal shall follow requirements indicate in the VA Manual for Preparation of Cost Estimates. At a minimum, the cost shall include:
· Labor, materials and equipment costs
· Material installation, handling and shipping costs
· Equipment product costs, as applicable
· Equipment installation, handling and shipping costs, as applicable
· Ground area finishes selections, as applicable
· Quantity Estimates for each equipment type, as applicable
When developing the cost proposal the Contractor should account for conditions that would impede conventional construction means and methods such as alternate work hours and coordination requirements with the VASNHS. Costs should be adjusted as necessary for working in a fully operational hospital. Every effort should be made to minimize the impact to patient services. Cost estimates should be provided to the COR as a MS Excel workbook.
Deliverable
The project construction cost proposal submittal shall include four (4) hardcopies and an electronic spreadsheet with the estimate items. The Contractor shall reference sources for the costs. The Contractor shall develop a format for the estimate and submit for Government approval before completing the task.
(End of SOW) Table of Contents
| CONSTRUCTION SCOPE OF WORK | 2 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 15 |
| 2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 15 |
| 2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 15 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 16 |
| 2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995) | 17 |
| 2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 17 |
| 2.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 18 |
| REPRESENTATIONS AND CERTIFICATIONS | 19 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) | 19 |
| GENERAL CONDITIONS | 23 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 23 |
| 4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 23 |
| 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 23 |
| 4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 25 |
| 4.5 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000) | 27 |
| 4.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 28 |
| 4.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 29 |
| 4.8 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) | 30 |
| 4.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 31 |
| 4.10 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 32 |
| 4.11 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 32 |
| 4.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 32 |
| 4.13 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) | 33 |
| 4.14 VAAR 852.236-76 CORRESPONDENCE (APR 1984) | 34 |
| 4.15 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) | 34 |
| 4.16 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) | 34 |
| 4.17 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) | 34 |
| 4.18 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 35 |
| 4.19 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 38 |
| 4.20 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) | 38 |
| 4.21 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) | 38 |
| 4.22 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 39 |
| 4.23 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) | 40 |
| 4.24 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) | 40 |
| 4.25 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) | 40 |
| 4.26 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 40 |
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.2 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 |
| 13.9 % |
| 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 Las Vegas, NV, Clark County
(End of Provision)
2.3 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)
2.4 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— April 26, 2018 at 9:00am PST
(c) Participants will meet at— Building 6 (Admin Building), Room 1H112, Las Vegas Facility (End of Provision)
2.5 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 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| JUL 2016 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
| 52.228-1 |
| BID GUARANTEE |
| SEP 1996 |
| 52.211-6 |
| BRAND NAME OR EQUAL |
| AUG 1999 |
2.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
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)
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 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (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 120 days after notice to proceed. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by June 11, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
(End of Clause)
4.3 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 236220 assigned to contract number .
[Contractor to sign and date and insert authorized signer's name and title].
(End of Clause)
4.4 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 material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Component" means any article, material, or supply incorporated directly into construction material.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
"Cost of components" means—
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
"Domestic construction material" means—
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if—
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
"Foreign construction material" means a construction material other than a domestic construction material.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
none
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—
(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—
(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.
(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON
| Construction Material Description |
| Unit of Measure |
| Quantity |
| Price (Dollars)* |
Item 1:
Foreign Construction Material
Domestic Construction Material
Item 2:
Foreign Construction Material
Domestic Construction Material
[List name, address, telephone number, and contact for suppliers surveyed Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)
4.5 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
(a) The Contractor shall submit one of the following payment protections:
Payment Bond
(b) The amount of the…
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