36C26220B0003.docx

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.

36C26220B0003 X 06-15-2020 691-19-400 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Road Suite 600 Long Beach

CA

90815 Maria Cruz-Thompson 562-766-2220 The Contractor shall completely prepare site for removal of the existing equipment, and furnish labor, materials, equipment and perform work for project no. 691-19-400, "Mitigation of Underground Fuel Tank."

The project is located at the VA Greater Los Angeles Healthcare System, 11301 Wilshire Boulevard, Los Angeles, CA 90073

This procurement is 100% set aside for Service Disable Veteran Owned Small Business in accordance with Public Law 109-461, 38 USC Section 8127. To be eligible to participate in this procurement, the contractor shall be enrolled in the following database at the time of bid submission and award:

Federal Government web portal for veteran owned business: www.vetbiz.gov.

System Award Management (SAM): www.SAM.gov.

North American Industry Classification System (NAICS): 236220, $39.5 Million Cost Range: Between $500,000.00 and $1,000,000.00.

****Site Visits are scheduled from 11:00 a.m., June 23, 2020, at VAGLAHS, Building 218, 11301 Wilshire Blvd, Los Angeles, CA 90073

All Requests for Information (RFI) for this solicitation must be received no later than 11:00 a.m. (Local Time) June 29, 2020. All questions shall be in writing to maria.cruz-thompson@va.gov, Contracting Officer.

All Requests for Information (RFI) shall be submitted on the attached RFI form. Please submit RFIs electronically to maria.cruz-thompson@va.gov. Subject Line of all emails shall reference the following: RFI for 36C26220B0003.

The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.

The period of performance will be not greater than one hundred fifty (150) calendar days.

Attachments one (1) through four (4) are appended herein andmade a part of this solicitation.

X X 52.211-10 X 10 Calendar Days 11:00 07-20-2020 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

X 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach

CA

90815 Department of Veterans Affairs Financial Services Center P.O. Box 149971

UP LOAD ALL INVOICES IN TUNGSTEN OB10

Austin

TX

78714-9971 X

MARIA CRUZ-THOMPSON

CONTRACTING OFFICER

LIST OF ATTACHMENTS FOR WAGE RATES/ TECHNICAL SPECIFICATIONS /DRAWINGS

Description

ATTACHMENT 1 –

Davis Bacon Act Wage Rate General Decision: CA20200022 – Los Angeles County, California, Modification # 6, Building, Heavy Highway, Revised: May 29, 2020

ATTACHMENT 2 - Request for Information (RFI) Form for Solicitation No. 36C26220B0003

ATTACHMNET 3 DRAWING OF PROJECT 691-19-400

ATTACHMENT 4 – SPECIFICATION – PROJECT 691-19-400

Division 01 – General Requirements Division 02 – Existing Conditions Division 03 - Concrete Division 05 – N/A Division 06 – N/A Division 07 – Thermal & Moisture Protection Division 08 – N/A Division 09 – N/A Division 10 – N/A Division 12 – N/A Division 13 – N/A Division 14 – N/A Division 21 – N/A Division 22 – N/A Division 23 – N/A Division 26 – N/A Division 27 – N/A Division 28 –N/A Division 31 – Earth Moving Division 32 – Exterior Improvements Division 33 – N/A

Table of Contents

SCOPE OF WORK

MITIGATE OF UNDERGROUND FUEL STORAGE TANK

1 Contractor shall MITIGATE UNDERGROUND FUEL STORAGE TANK at Bonsall Ave and Eisenhower Ave (Bldg-301) by performing closure in place of concrete Underground Storage Tank by filling tank and piping with cellular concrete per approved closure- VA Greater Los Angeles Healthcare System.

Title: Service to perform closure in place Bldg-301 concrete underground storage tank and associated piping per approved Division 5 Closure plan.

Background: The VA West Los Angeles Medical Center needs to complete a permanent closure in place of an approximate 420,000-gallon Underground Storage Tank (UST). This concrete UST was taken out of service more than 30 years ago. Records of closure actions taken at that time were not retained by the VA or the fire department.

State Water Board has demanded this tank be closed by current standards due to incomplete closure documentation.

The VA obtained a closure plan approval on August 28,2018 from the Los Angeles Fire Department to fill the UST with low density cellular concrete. Physical removal of this large tank is not possible due to proximity of many utility lines (steam, gas, sewer, water and other services) that would be disturbed by a physical removal of the tank and impair ongoing operations of this very large VA medical center with nursing homes.

LA Fire Department approved a closure plan to close the tank in place after assessment studies by professional geologists and structural engineer that evaluated condition of concrete the tank and surrounding soils. The VA has incorporated into this formal closure plan into an engineering design including post closure landscaping.

Place of Performance- VA West Los Angeles Healthcare System (WLA)- 11301 Wilshire Blvd., Los Angeles CA 90073.

Period of Performance- 150 days from receipt of a notice to proceed.

Contract Type- Firm fixed Price

Applicable Documents, Standards, Laws and/or regulations: The following are a list of various applicable standards, policies, regulations, and/or governing bodies. This list is not an all-inclusive list; therefore, it is the responsibility of the contractor to ensure all applicable standards, policies, regulations, and/or governing bodies not listed here are adhered to. Furthermore, contractor is responsible to adhere to all current additions of applicable standards, policies, regulations, and/or governing bodies.

a.) EPA's Underground Storage tanks (USTs) Laws and Regulations b.) California EPA/State Water Resources Control Board c.) UST Regulations (CCR, Title 23, Chapter 16) Effective October 1,2018 d.) UST Cleanup Fund Regulations (CCR, Title 23, Division 3, Chapter 18) e.) United Program Regulations (CCR, Title 27, Division 1, Subdivision 4, Chapter 1, Sections 15100-15620) f.) Los Angeles Fire Code, Division 5 and 31 g.) California Health and Safety Code, Chapter 6.7.

h.) California Code of Regulations, Title 23, Division 3, Chapter 16 i.) California Code of Regulations, Title 8, Section 5156,5157,5158 j.) Los Angeles Fire Department Division 5 guidelines and requirements for tank abandonment- https://www.lafd.org/fire-prevention/cupa/ust-tank-abandonment-guidelines k.) State of California contractor's license - refer to state of California State Water Resources Control Board LG-48-5 "Licensing for Installation and Removal of Underground Storage Tanks".

1.) General Engineering Contractor A 2.) General Building Contractor B 3.) Plumbing Contractor C-36 4.) Limited Specialty Contractor C-61-D-40 5.) Hazardous Waste Contractor

Objectives/Scope:

Contractor shall provide all equipment, expertise, incidentals, labor, materials, paper forms, 3-ring binder, supervision, supplies, transportation, and qualified personnel required for a Division 5 closure in place of a concrete underground storage tank for the VA Greater Los Angeles Healthcare System. This includes all submission of plans, permit applications, and any California professional engineer and/or geologist certification reports associated with this tank closure project.

Contractor must conform to all rules and guidelines of Los Angeles Fire Department for Division 5 closure work including possession of Los Angeles City Business License and appropriate Contractors License conforming with state Water Control Board LG-48-5 requirements.

Scope of Work:

1. Contractor will update the Los Angeles Fire Department closure plan, for the 2018 Division 5 permit application approved August 28,2018. If and extension or renewal of this closure plan is not possible, then contractor will re-submit the permit application with Los Angeles Fire Department using existing application as basis for new submission.

2. Contractor will execute tank closure activities per approved closure plan and submit all documents to complete the UST closure with Los Angele Fire Department for the Veterans Administration.

3. Contractor to fill abandoned 44' x 86'x 15.5' field built 420,000 gallons concrete underground storage tank in cellular concrete per VA project number 691-19-1400. Contractor will coordinate the location of temporary cellular batch plant on site with VA engineer.

4. Remove all associated fuel pipe within scope of work area. Infill the cellular concrete into piping that are indicated in drawings.

5. Construct accessible concrete walk path from the existing sidewalk to the new landscape area.

6. Provide new accessible crosswalk across the access road

7. Install new site furnishings.

8. Install new landscape materials compatible with existing landscape.

Documents:

a.) Approved Closure plan application 08/28/2018- 1 gab file b.) Los Angeles Fire Department Division 5 Permit Application 07/25/2018 6mb file c.) Soil Ground Water Sampling Report permit application 07/25/2018- 10mb file d.) Engineering Design package for tank closure 16gb file.

Please note projects has additional electronic files too large to attach.

Additional Requirements:

a.) Contractor will copy Contract Officer's Representative (COR) and VA project engineer of any correspondence or reports submitted to Los Angeles Fire Department associated with this tank closure project.

b.) Contractor will provide 7-day notice to COR and project engineer in advance of start of work c.) Contractor will coordinate with COR and Project Engineer on site of temporary cellular concrete mixing plant along with shipment and transportation route of trucks delivering mixing plant and supplies.

d.) Contractor will provide schedule to COR and Project engineer for review prior to commencement of work. e.) At completion of work, contractor will provide 2 copies of the final closure report for the tank along with an electronic copy with approval of closure by Los Angeles Fire Department.

Qualifying Experience of Prospective Contractor:

1. Contractor must have prior experience with an abandonment (Closure) in place of underground storage tank in California or similar experience of closure of a mine. Past experience with removal of underground storage tanks while helpful- is not sufficient for consideration for this large tank abandonment (Closure) in place 2.The experience cited for consideration must include subcontracting firms that provided professional engineering or geological assistance in the execution of tank closure project. 3. Copies of current California State Contractors License conforming to State Water Control Board LG-48 -5 requirements.

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36C26220B0003

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Page 1 of

Page 1 of

Page 1 of

1. PROJECT DESCRIPTION:

The construction services shall MITIGATE UNDERGROUND FUEL STORAGE TANK at Bonsall Ave and Eisenhower Ave (Bldg-301) by performing closure in place of concrete Underground Storage Tank by filling tank and piping with cellular concrete per approved closure at the VA Greater Los Angeles Healthcare System (VAGLAHS) as required by attached drawings and specifications hereto.

2. PROJECT LOCATION:

VA Greater Los Angeles Healthcare System (VAGLAHS) 11301 Wilshire Boulevard Los Angeles, CA 90073

3. CONTRACTING OFFICER:

Maria Cruz-Thompson Email – maria.cruz-thompson@va.gov

4. TYPE OF CONTRACT:

Firm Fixed Price

5. ESTIMATED COST RANGE:

Between $500,000 and $1,000,000. (IAW VAAR 836.204(f))

6. DESIGN:

This project includes a design package of Drawings and Specifications.

7. ESTIMATED COMPLETION TIME:

One Hundred Fifty (150) Calendar Days after a Notice to Proceed (NTP) is provided.

8. PRE-BID CONFERENCE AND SITE VISIT:

An organized pre-bid conference and site visit have been scheduled for: Tuesday, 11:00 a.m. (local time), June 23, 2020 at the VA Greater Los Angeles Healthcare System, Building 218, 3rd Floor, Conference Rooms 320 and 321, 11301 Wilshire Boulevard, Los Angeles, CA 90037. Attendance is not mandatory, however all interested bidders are strongly encouraged to attend. No other site visits shall be scheduled.

***Due to COVID-19, participants attending the Pre-Bid Conference/Job Walk shall wear a mask at all times when on the VAGLAHS Campus.***

9. BID CONTENTS:

a. Standard Form 1442. (Box 14-20 completed and signed acknowledging all amendments; do not fill in anything in “Award” section, from box 21 down).

b. Bid Guarantee/Bond (SF24).

(a) Unofficial copies of the Bonding will be acceptable for bid opening so long as all other elements of the executed bond are present. Physical Official copies of the actual bonding, with the raised seal shall be received via mail from the apparent low offeror within 48 hours of the conclusion of the public opening, or will be ineligible for award.

c. Contractor’s License - All Bidders shall submit, issued to the SDVOSB Prime, a current copy of their General Contractor’s License, or for those States that do not issue a General Contractor’s License, a State issued construction license that pertains to the remodeling or renovation of a building structure.

d. Safety or Environmental violations and Experience Modification Rate - All Bidders shall include with their Bid, past Safety and Environment record and current Experience Modification Rate (EMR). See paragraph 23.

10. BID DUE DATE:

Submit One (1) original hardcopy of Bid Contents no later than Monday, 11:00 a.m. (local time), July 20, 2020.

Location: Network Contracting Office 22 4811 Airport Plaza Drive, Suite 150 Attn: Maria Cruz-Thompson Long Beach, CA 90815

*All bids must be received in a sealed package/envelope.

**Bids received after the time and date specified above, shall be rejected, shall be considered late, and will be sent back to bidder.**

11. PUBLIC BID OPENING:

Will be held on Monday, 11:05 a.m. (local time), July 20, 2020.

Location: Network Contracting Office 22L 4811 Airport Plaza Drive Suite 150, 1st Floor Conference Room Long Beach, CA 90815

***Due to COVID-19, all participants of this Bid Opening shall wear a mask for everyone’s protection. Participant not wearing a mask shall not be afforded entrance to the Bid Opening.***

12. OFFER GUARANTEE (BID BOND):

An offer guarantee is required. Per FAR Clause 52.228-1 – Bid Guarantee – paragraph (c), the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

13. PAYMENT AND PERFORMANCE BONDS:

If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

14. Compliance to Labor Standards Provisions and Bid Wage Rate Determinations for Los Angeles County.

15. The North American Industry Classification System (NAICS) Code for this procurement is 236220.

16. BUY AMERICAN ACT:

VA does not anticipate accepting an offer that includes foreign construction material. More info about this can be found under the following clauses listed below. General Conditions: FAR 52.225-9, 52.225-10; VAAR 852.236-89.

17. REQUEST FOR INFORMATION:

All Requests for Information (RFIs) regarding this IFB must be received no later than Monday, 11:00 a.m. (local time), June 29, 2020 via e-mail to maria.cruz-thompson@va.gov, to allow a reply to reach all prospective bidders before the submission of their bids. Responses to questions will be posted as an amendment to the solicitation and the government reserves the right to consolidate questions and responses. RFI form provided (See file: ‘RFI Form.doc’).

18. Amendments to the solicitation must be acknowledged in the space provided in Block 19 of the SF1442 or by returning a signed copy of the amendment by the bid due date.

19. Bidders are strongly cautioned to check the Federal Contract Opportunities http://www.beta.SAM.gov website frequently and to “refresh” their web page to ensure they have the latest information.

20. This solicitation requires registration with the System for Award Management (SAM) pursuant to applicable regulations and guidelines. All must also complete an electronic annual representations and certifications (formerly ORCA). Registration information can be found at www.beta.SAM.gov.

21. Bidders are required to submit the annual form VETS-100, Federal Contractor Veterans’ Employment Report. http://www.dol.gov/vets/vets100verification.htm).

22. This solicitation is 100% Set-Aside for Service Disabled Veteran Owned Small Business (SDVOSB). Public Law 109-461, 38 USC Sec. 8127 provides SDVOSB and VOSB Set Aside authority to the VA. Businesses must be registered and verified in the VIP database at Vendor Information Pages (VetBiz).

23. SAFETY OR ENVIRONMENTAL VIOLATIONS AND EXPERIENCE MODIFICATION RATE

a. All Bidders shall submit the following information pertaining to their past Safety and Environmental record. The information shall contain, at a minimum, a certification that the bidder has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years.

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

c. Self insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

d. A Determination of Responsibility will be accomplished for the apparent awardee prior to processing the award. The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases will be used to make the Determination of Responsibility. Failure to affirm being within the guidelines above will result in a determination of “Non-Responsibility” for the bidder. Failure to submit this information will result in a determination of “Non-Responsive” for the bidder.

NOTE: Any information received by the Government that would cause for a negative Determination of Responsibility will make the bidder ineligible for award.

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

24. CONTRACT AWARD -- SEALED BIDDING -- CONSTRUCTION (Aug. 1996)

a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or sub-line items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

- - END OF SECTION - -

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of Provision)

2.2 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)

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

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

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

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)

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

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.5 52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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

(End of Provision)

2.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Hand-Carried Address:

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 Mailing Address:

Department of Veterans Affairs Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach Long Beach 90815

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

(End of Provision)

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

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

(b) An organized site visit has been scheduled for—

(c) Participants will meet at—

(End of Provision)

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

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

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

(End of Provision)

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

(End of Clause)

2.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

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

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

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

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates 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 $83,099, the provision with its Alternate II applies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[](A) Basic.

[](B) Alternate I.

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

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