36C26119B0020-004.docx

36C26119B0020 Section M

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.

36C26119B0020 X 07-26-2019 612-19-2-6056-055 612A4-19-013 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd., Bldg 98 McClellan

CA

95652-1012 Department of Veterans Affairs Attn: Joey Korst NCO 21 VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg 209 McClellan

CA

95652-1012 Joey Korst 916-923-4507

Project: 612A4-19-013, Correct Pedestrian Sidewalks NAICS Code: 238990, All Other Specialty Trade Contractors Small Business Size Standard: $15 million IAW VAAR 836.204 - the magnitude of construction is between $500,000 and $1,000,000

Project Description: The Contractor shall furnish all labor, materials, equipment, project management, supervison, and transportation to completely prepare the site for building operations, including demolition and removal of existing structures in order to improve pedestrian crosswalk, construct retaining wall, install a security gate, gravel, artificial turf, and entrance remodel to Building 650 at Mather VA for VA Northern California HealthCare System in accordance with the specification, drawings, and statement of work (SOW).

Place of Performance: 10535 Hospital Way, Mather, CA 95655

Note #1 to bidders: A pre-bid conference and site-visit shall be held on August 2, 2019 at 10:00AM PDT in Building 650 3rd Floor Conference Room located at 10535 Hospital Way, Mather, CA 95655.

Note #2 to bidders: IAW FAR 14, Sealed Bids. Award will be base on price and price related factors.

Note #3 to bidders: All Request for Information (RFI's) shall be submitted to the Contract Specialist at joey.korst@va.gov, in writing, by August 9, 2019 @ 11:00AM PDT

Note #4 to bidders: Bid Bonds, Payment Bonds and Performance Bonds shall be required under this solicitation and any resultant contract.

Note #5 to bidders: This Procurement is an 100% Total Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside IAW Public Law 109-461

Note #6 to bidders: The current Wage Rate Requirement Decision is included in the soliciation "CA20190007"

X X 52.211-10 X

11:00AM PDT

08-26-2019 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

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

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

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

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

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

TO SIGN

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

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

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

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

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

(Contractor is not required to sign this document.)

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 98 McClellan

CA

95652-1012 Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 Robert Parke Contracting Officer

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

BIDS AND BONDS ARE TO BE DELIVERED TO:

Department of Veterans Affairs Network Contracting Office 21 (NCO 21) Attn.: Joey Korst, Contract Specialist Mail: 3230 Peacekeeper Way, Bldg 209 FedEx: 3230 Peacekeeper Way, Bldg 209 McClellan, CA 95652-1012

Delivery Packages and envelops must have the following on the outside of the package:

Company Name Pedestrian Sidewalk Project (Mather)

IFB 36C26119B0020

CONTRACT TYPE:

The awarded contract will be a firm fixed price (FFP) contract.

This solicitation is a Total Service Disabled Veteran Owned Business (SDVOSB) set aside per FAR 19 and Public Law 109-461. The bidder MUST have an active DUNS number and be current in System for Award Management (SAM). If the Service Disabled Veteran Owned Small Business (SDVOSB) certified veteran eligibility (CVE) verification or Veteran Owned Small Business (VOSB) certified verification applies, they must have been completed prior to the submission of Bids.

REQUESTS FOR INFORMATION (RFI):

To obtain clarifications and/or additional information concerning the contract requirements, specifications and/or drawings, submit a written RFI utilizing the RFI Form attached to this Invitation for Bid which is to be sent via email to joey.korst@va.gov. RFIs must be specific identifying section, paragraph, page, etc. and must be in question format. All RFIs submitted shall include the solicitation number and title, contractor name, city, state, telephone, email address, date submitted, and the RFI question(s). RFI responses will be responded to as necessary in amendment format which will be posted on FBO.gov.

Deadline for submission of RFIs for this solicitation is August 9, 2019 @ 11:00 AM PDT. No questions will be answered after this date unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Telephone requests for information will not be accepted or returned.

BID OPENING

A public bid opening will be held at the address below in the Main Conference Room on August 26, 2019 @ at 11:00 AM PDT:

VA Northern California Healthcare System 3230 Peacekeeper Way, Bldg 209 McClellan, CA 95652

PRE-BID SITE VISIT:

Bidders are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

All Bidders: See Clause 52.236-27 (pg.16) for information regarding site visit information.

(Note: This will be the only site visit allowed for this IFB.)

INSTRUCTIONS TO BIDDERS

Bids received after the designated due date and time will be rejected.

The bidder shall submit the following documents in response to this Invitation for Bids:

1. One (1) fully completed and signed Standard Form 1442 with blocks 14 – 20 completed, acknowledgment of all amendments either via entering data in block 19 of the SF1442 OR (not both), completing blocks 15 a, b, and c of the Amendment(s) (SF30’s) and returning with bid.

1. One (1) fully completed Pricing Breakdown Sheet (provided with the Solicitation)

1. One (1) fully completed Price Schedule (provided with the Solicitation)

1. One (1) original completed/signed SF24 Bid Bond with Raised Seals, and Power of Attorney as required.

1. Documentation of Safety & Environmental Record

1. Documentation of Experience Modification Rate (EMR) *Note: Bidders are responsible for insuring and verifying their bid and all required bid documents are received at the public bid opening address stated below by the date and time specified in block 13A of the SF 1442 Solicitation (subject to amendment).

*Note: See VAAR 852.236-90 for instructions on brand name bid submission requirements.

*Note: Bidders are cautioned to carefully review System for Award Management in regards to Representations and Certifications. See FAR 52.204-7, 52.204-8, 52.209-7 & 52.209-9 for specific instruction as needed.

*Note: Bidders are cautioned to carefully review VAAR Clause 852.219-10 – VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and the contents there-of.

*Note: Electronic bids of any form (to include: facsimile, email, etc.) will not be accepted.

*Note: For the purpose of this solicitation, the word bidders and offerors are interchangeable.

PRICING SCHEDULE

0001 BASE BID – PEDESTRIAN SIDEWALK PROJECT_____________

Provide all materials, labor, tools, equipment, transportation, supervision, project management, administrative support, and specialized expertise necessary to complete the Construction of the Out Patient Mental Health Services Building at the VANCHCS including all the requirements in the Statement of Work, all attachments, drawings, and specifications.

Base Bid $______________________________

Division Construction Costs

CONTRACTOR CERTIFICATION REGARDING SAFETY AND ENVIRONMENTAL

Contractor Certification Regarding Project: 612A4-19-013

Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations. (Four serious, one repeat, or one willful disqualifies the contractor.)

Company’s Current Insurance Experience Modification Rate (EMR) = _____________ (Note: Contractor must support the EMR with a signed letter from Insurance Carrier on their letterhead.)

Signature: ______________________________________________

Typed Name: ______________________________________________________

Title: ______________________________________________________

36C26119B0020 Section B

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Correct Sidewalk Issues at Mather Project # 612A4-19-013

General Intention:

A. Contractor shall furnish all labor and materials needed to perform all demolition, replacement, installation, and commissioning required by this scope located at the Mather VA medical Center as required by specifications.

B. Visits to the site by bidders may be made only by appointment with the Contracting Officer for the project.

C. This project is to take no longer than 180 calendar days from notice to proceed.

D. The purpose of this project is to correct/improve pedestrian crosswalk areas located around the Memorial Plaza at Mather, construct a retaining wall, install a security gate and gravel and to install artificial grass around the area of the hospital.

E. The contractor shall provide all training for maintenance of the artificial grass to the facilities staff.

F. The contractor shall install pedestrian crosswalk marking/striping on the asphalt and will follow all standards and regulations for such work.

G. Photos provided are for information purposes only, contractors are to field verify when visiting the site.

H. Contractor shall provide traffic control measures as needed or required.

I. Contractor shall provide acceptable alternate pedestrian routes during the entire performance period.

J. All utility access points including but not limited to drain inlets and manholes are to be at the required finish elevation per any applicable codes. This may require relocation or modification of said access points.

Scope:

Bldg. 650 Pedestrian Crosswalk Corrections:

The contractor shall provide and install/correct crosswalks around Memorial Plaza as shown in the attached areas (Exhibit A). The contractor shall complete all site prep and installation according to specifications. Crosswalks will follow all Barrier Free standards and regulations pertaining to them. Crosswalks shall be 4 ft. wide and slope of crosswalk shall not exceed the maximum slope of 1:20. All curb correction/construction of crosswalks shall start from the edge of the asphalt and shall be diagonal curb ramps. Contractor shall install and embed into concrete ADA truncated domes at all crossings. Contractor shall repaint all curbs around island and roundabout. Contractor shall install stainless-steel 3 rail guard system along the crosswalk closest to the street to keep patients and pedestrians from walking onto the street. All through drainage piping shall be no larger than 1 in. in diameter. Contractor shall provide adequate protection of storm drains and ensure all drainage water flows properly towards a drainage outlet. Contractor shall install all proper marking/striping on the asphalt to identify pedestrian walkway. Contractor shall correct existing crosswalk areas to ensure a smoother transition for pedestrians. Contractor shall relocate sprinkler manifold up to 10 ft. away from current location and relocate eight, sprinklers. Contractor shall work around Fire Hydrant that is in the work area.

Bldg. 650 Artificial Grass Installation:

The contractor shall provide and install approximately 7500 SF of artificial grass system shown in the attached areas (Exhibit B) that is equal to or greater than Imperial AN Fescue 65 (See table below). The contractor shall complete all site prep, drainage, installation requirements with the reviewed and approved shop drawings with manufacturers approval to meet all manufacturers requirements and recommendations for installation of the artificial grass. The artificial grass shall be attached to the perimeter edge of layouts shown in the appendix drawings and photos and as per the manufacturers installation requirements. All seams shall be brushed thoroughly before infill materials are installed. All termination shall be as detailed and approved in the shop drawings and photos and as per the manufactures installation requirements.

Guard Rail and Retaining Block Wall:

The contractor shall provide all material and labor to construct a wall using retaining wall blocks equal or greater to Concrete Pavestone Blocks that will be 2 ft. high and anchored to the curb using #8 rebar every 4 ft at a minimum depth of 6 inches. The area where this wall is to be constructed is shown in the attached photo of Exhibit C. At the top of the wall a stainless-steel 3 rail guard system of approximately 130 ft will be installed to prevent individuals from jumping over the wall. The guard rail finish shall match the existing hand/guard rails of BLDG 650. Wall finish will be a smooth skim coat and match existing finishes nearby. The contractor shall also provide boxwood (buxus) bushes to be planted behind the length of the wall and connect to existing irrigation to provide a drip feed to the new plants.

BLDG 650 Door Entrance Remodel:

The contractor shall provide all material and labor to construct a new store front entry way into BLDG 650. The new doors shall be of high quality aluminum and be motion sensor sliders one on the East and West side of the walls as well as full break away capable with an outward swing. The contractor shall install a Stanley Card Reader package to match the existing system into the facility. The total door width shall be 9 ft and the doors shall slide open heading in the North direction with a minimum opening of 44 inches (Exhibit D). The new entry way will be extended out to the edge of the front steps, the middle of the steps is to be removed and replaced with a waiting bench for patients. The bottom step is to be extended out by 12” to provide a wider area for patients to step on. The new entry way is to be adjusted to accommodate the new entry way since it is to be connected by unit strut to supporting structural steel.

Gate Installation and Rock Pour:

The contractor shall provide all material and labor to construct and new double swing security gate just to the east of the main entrance to BLDG 650 (Exhibit E) that is greater or equal to the Fixed Louvered Fence - Shadow 100 style (see table below). The contractor shall complete all site prep and installation requirements with the reviewed and approved shop drawings with manufacturers approval to meet all manufacturers requirements and recommendations for installation of the new security gate. The contractor shall also pour 1.5-inch to 2-inch equal to or better than California Green Rock gravel into the dirt area behind where the security gate is to be installed (Exhibit E, photo 2).

Table Properties Performance

Powder Coat

Polyurethane coat

Resist 5% salt spray for 500 hours

100 humidity for 1000 hours

Water immersion for 100 hours

20 double rubs with cloth saturated with lacquer thinner, acetone, MED, gasoline, xylene

Exposure to lubricating oils, hydraulic fluids, cutting oils

16 cycles of 24 hours at 100% humidity, 24 hours at 10 degrees F (-12 degrees C), 24 hours at 77 degrees F (25 degrees C)

Hardness H – 2H

Flexibility 1/8” (3.2mm) conical mandrel

1. Records Management Requirements: The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

1. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

1. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

1. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

1. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

1. The Government Agency owns the rights to all data/records produced as part of this contract.

1. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

1. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

1. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

1. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

36C26119B0020 Section C

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SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C26119B0020 Section D

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SECTION E - INSPECTION AND ACCEPTANCE

36C26119B0020 Section E

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 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 180 days after receipt of 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 10 days after award. 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.

36C26119B0020 Section F (End of Clause) Page 1 of Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there are NO clauses in this Section] 36C26119B0020 Section G

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

36C26119B0020 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

I.2 52.223-20 AEROSOLS (JUN 2016)

(a) Definitions. As used in this clause— Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—

(1) In-use emission rates, energy efficiency;

(2) Safety, such as flammability or toxicity;

(3) Ability to meet technical performance requirements; and

(4) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of Clause)

I.3 52.223-21 FOAMS (JUN 2016)

(a) Definitions. As used in this clause— Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at http://www.epa.gov/snap/.

Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as—

(1) In-use emission rates, energy efficiency, and safety;

(2) Ability to meet performance requirements; and

(3) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of Clause)

I.4 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent—

(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract; or

(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a United States patent shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts that are expected to exceed the simplified acquisition threshold. However, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, does not affect this authorization and consent.

(End of Clause) I.5 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT COPYRIGHT INFRINGEMENT (DEC 2007)

(a) The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.

(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in the Contractor's possession pertaining to such claim or suit. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to exceed the simplified acquisition threshold.

(End of Clause)

I.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

I.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: Department of Veterans Affairs VA Northern California Healthcare System as to the requirements outlined in specifications and drawings.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: Department of Veterans Affairs joey.korst@va.gov

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Provision)

I.8 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

When net changes in original contract price affect the premium of a Corporate Surety Bond by $5 or more, the Government, in determining the basis for final settlement, will provide for bond premium adjustment computed at the rate shown in the bond.

(End of Clause) I.9 VAAR 852.232-70 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS– CPM) (NOV 2018) The clause FAR 52.232–5, Payments Under Fixed-Price Construction Contracts, is implemented as follows:

(a) Retainage.

(1) The Contracting Officer may retain funds—

(i) Where performance under the contract has been determined to be deficient or the Contractor has performed in an unsatisfactory manner in the past; or

(ii) As the contract nears completion, to ensure that deficiencies will be corrected and that completion is timely.

(2) Examples of deficient performance justifying a retention of funds include, but are not restricted to, the following—

(i) Unsatisfactory progress as determined by the Contracting Officer;

(ii) Failure to meet schedule in Schedule of Work Progress;

(iii) Failure to present submittals in a timely manner; or

(iv) Failure to comply in good faith with approved subcontracting plans, certifications, or contract requirements.

(3) Any level of retention shall not exceed 10 percent either where there is determined to be unsatisfactory performance, or when the retainage is to ensure satisfactory completion. Retained amounts shall be paid promptly upon completion of all contract requirements, but nothing contained in this paragraph (a)(3) shall be construed as limiting the Contracting Officer’s right to withhold funds under other provisions of the contract or in accordance with the general law and regulations regarding the administration of Government contracts.

(b) The Contractor shall submit a schedule of cost to the Contracting Officer for approval within 30 calendar days after date of receipt of notice to proceed. Such schedule will be signed and submitted in triplicate. The approved cost schedule will be one of the bases for determining progress payments to the Contractor for work completed. This schedule shall show cost by the work activity/event for each building or unit of the contract, as instructed by the resident engineer.

(1) The work activities/events shall be subdivided into as many sub-activities/events as are necessary to cover all component parts of the contract work.

(2) Costs as shown on this schedule must be true costs and the resident engineer may require the Contractor to submit the original estimate sheets or other information to substantiate the detailed makeup of the schedule.

(3) The sums of the sub-activities/events, as applied to each work activity/event, shall equal the total cost of such work activity/event. The total cost of all work activities/events shall equal the contract price.

(4) Insurance and similar items shall be prorated and included in the cost of each branch of the work.

(5) The cost schedule shall include separate cost information for the systems listed in the table in this paragraph (b)(5). The percentages listed in the following table are proportions of the cost listed in the Contractor’s cost schedule and identify, for payment purposes, the value of the work to adjust, correct and test systems after the material has been installed. Payment of the listed percentages will be made only after the Contractor has demonstrated that each of the systems is substantially complete and operates as required by the contract.

VALUE OF ADJUSTING, CORRECTING, AND TESTING SYSTEM

(c) In addition to this cost schedule, the Contractor shall submit such unit costs as may be specifically requested. The unit costs shall be those used by the Contractor in preparing its bid and will not be binding as pertaining to any contract changes.

(d) The Contracting Officer will consider for monthly progress payments material and/or equipment procured by the Contractor and stored on the construction site, as space is available, or at a local approved location off the site, under such terms and conditions as the Contracting Officer approves, including but not limited to the following—

(1) The materials or equipment are in accordance with the contract requirements and/or approved samples and shop drawings;

(2) The materials and/or equipment are approved by the resident engineer;

(3) The materials and/or equipment are stored separately and are readily available for inspection and inventory by the resident engineer;

(4) The materials and/or equipment are protected against weather, theft and other hazards and are not subjected to deterioration; and

(5) The Contractor obtains the concurrence of its surety for off-site storage.

(e) The Government reserves the right to withhold payment until samples, shop drawings, engineer’s certificates, additional bonds, payrolls, weekly statements of compliance, proof of title, nondiscrimination compliance reports, or any other requirements of this contract, have been submitted to the satisfaction of the Contracting Officer.

(f) The Contracting Officer will notify the Contractor in writing within 10 calendar-days of exercising retainage against any payment in accordance with FAR clause 52.232–5(e). The notice shall disclose the amount of the retainage in value and percent retained from the payment, and provide explanation for the retainage.

(End of Clause)

I.10 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

(a) The Contractor shall furnish to the resident engineer, for each workday, a consolidated report for the preceding workday.