36C78618R0049-002.pdf

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.

36C78618R0049

X

11-27-2017

7897-000011

789CM3917

43C1

Department of Veterans Affairs

NCA Contracting Service

75 Barrett Heights Rd. Suite 309

Stafford VA 22556

Department of Veterans Affairs

NCA Contracting Service https://www.vendorportal.ecms.va.gov

David Dixon 540-658-7233

The Department of Veterans Affairs, National Cemetery Administration (NCA), anticipates awarding a Firm, Fixed Priced contract to perform the work to replace three (3) existing resilient wedge isolation gate valves and install two (2) new isolation valves on the irrigation water main line at Dallas-Fort Worth National Cemetery, 2000 Mountain Creek Parkway

Dallas, TX 75211. The Contractor shall provide all labor, materials, equipment, supervision and administration necessary for performance of all work in accordance with the solicitation, Statement of Work, required permits, terms and conditions. Project No. 789CM3917

Per VAAR 836.204, the magnitude of this project is between $25,000 and $100,000.

This acquisition is 100% set aside for Service-Disabled Veteran-Owned Small Businesses. Authority, 38 USC 8127(d). The

North American Industry Classification System (NAICS) code is 237110 Water and Sewer Line and Related Structures

Construction, Size Standard is $36.5 Million. Prospective SDVOSBs must be registered with the System for Award Manage-ment (SAM) website and complete representations and certifications at https://www.sam.gov. At the time of proposal submission, prospective SDVOSBs must be registered and verified at https://www.vip.vetbiz.gov. Companies must have the

Center for Verification and Evaluation (CVE) seal on their registration to be considered for an award; the VIP database will be checked both upon receipt of an offer and prior to award.

There will not be an organized site visit. See 52.236-27 Site Visit on page 41 for site visit information.

Questions shall be submitted to david.dixon2@va.gov no later than 2:00pm, ET, Friday, December 8, 2017. Email must contain the following in the subject line: Solicitation Number, Project Name, Cemetery Name, Project Number. Telephone inquires and questions received after this date and time will not be accepted.

Completed and signed proposals shall be submitted through the Department of Veterans Affairs - Electronic Contract

Management System (eCMS) Vendor Portal website to be considered. Go to https://www.vendorportal.ecms.va.gov to register. Offers will not be accepted by other means. See Submission of Proposals, page 37.

The government intends to award without discussions, however; the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

This is not an Invitation for Bid (IFB); there will not be a public bid opening.

10 120 x x 52.211-10 x

1 2:00 PM ET

12-15-2017

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

Email:_____________________________________________

DUNS:_______________________ TIN:__________________

See Price Schedule, page 5

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 STATEMENT OF WORK/SPECIFICATION

SECTION D - PACKAGING AND MARKING

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

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

I.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL

2013)

I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) 21

I.5 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (JAN 1997) ALTERNATE I (JUL 1995)

I.6 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) .. 23

I.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

I.8 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

I.9 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

I.10 52.236-4 PHYSICAL DATA (APR 1984)

I.11 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008)

I.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

I.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

I.14 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL

2002)

I.15 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SUBMISSION OF PROPOSALS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

L.2 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY

REFERENCE (JAN 2008)

L.3 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

L.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

L.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.6 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)

SECTION M - EVALUATION FACTORS FOR AWARD

EVALUATION FACTORS FOR AWARD

PAST PERFORMANCE QUESTIONNAIRE

36C78618R0049 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 The Contractor shall replace irrigation main isolation valves at

Dallas/Ft Worth

National Cemetery in accordance with the solicitation, Statement of Work, required permits, terms and conditions.

1.00 JB

GRAND TOTAL _________________

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned

Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.

To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of

VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C78618R0049 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

C.1 STATEMENT OF WORK/SPECIFICATION

A. The Contractor: Shall furnish all labor, material, equipment, and supervision necessary to replace three (3) existing resilient wedge isolation gate valves and install two (2) new isolation valves on the irrigation water main line at Dallas-Fort Worth National Cemetery in accordance with drawings, specifications, and per applicable standards and requirements.

B. The Work: The Work shall include, but shall not be limited to the following (not necessarily in the order indicated):

1. Contractor shall coordinate the isolation and draining of the irrigation water system with the Contracting Officer’s Representative (COR) prior to beginning work. Inform the

COR in writing for such disruptions and obtain approval from the COR in writing at least

7 calendar days prior to such need.

2. Excavate, demolish, and remove the three (3) existing 12-inch resilient wedge gate valves, valve boxes, extensions, and concrete blocks as indicated on the work site plan.

Cut out and remove the anchored gate valve. The valves are anchored in concrete blocks.

3. Excavate for the two (2) new isolation valves. Excavate to permit workspace for installing connections. The water main is PVC and approximately 3 to 4 feet deep to the center line. Install and maintain safety fencing around all open excavations during working hours. Do not leave any open trenches unprotected overnight.

4. Install five (5) new valves with new AWWA C515 compliant resilient wedge gate valves meeting the following requirements and per the specifications and drawing details:

epoxy-coated iron body meeting or exceeding ANSI/AWWA C550 standard, stainless steel hardware, 100% coated wedge fully encapsulated with molded rubber for minimal flow loss, non-rising copper alloy stem with 2-inch square wrench nut turning clockwise to close, flanged ends, and 250 psi working pressure. Acceptable manufacturers are

Mueller, Clow, or approved equal. Set new valves in cast-in-place concrete blocks.

5. For valves in new locations, cleanly cut pipe and install field-adaptable wedge style restrained flanging adapter system such as EBAA Iron’s 2100 MEGAFLANGE or approved equal conforming to ASTM A536 with flange bolt circles that are compatible with ANSI/AWWA C110/A21.10. The flange adapter will have a pressure rating equal to the main line pipe. For existing valve locations, reutilize existing flange adapters.

6. Re-pressurize the system only when all installations have been completed and initially inspected/approved by the COR. Perform a 24-hour leak test of the pressurized system.

Schedule and perform an operational test of each valve with the COR prior to backfilling the excavations.

7. Install new valve box with cast iron lid and 2-foot square, 4-inch thick concrete slab collar at grade according to the drawings. Backfill, compact, and install new sod according to the specifications.

C. General Conditions:

1. Haul away & dump debris and waste to an approved disposal site.

2. Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.

3. Thoroughly clean up the work area at the end of each day’s work, and at completion of the project. Leave premises clean and free of waste, scrap, used equipment, or other material intentionally or incidentally delivered to the site by Contractor or Contractor’s personnel. Haul away & dump debris and waste to an approved disposal site.

4. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site not to be removed and do not unreasonably interfere with the work required under this contract. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting

Officer.

5. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

6. All utilities required for the continuous operation of all existing facilities shall be maintained in service at all times except when disruptions are needed. The Contractor shall inform the Cemetery Director and the Contracting Officer (CO) in writing for such disruptions and obtain approval from the CO in writing at least 2 weeks prior to such need. When option exists, implement options to minimize interruption of services to the facilities.

7. The Contractor shall coordinate with the Cemetery Director for parking, material storage, temporary portable restroom facilities, and any other needs for the work. Public access to the National Cemetery shall not be impaired.

8. The Contractor shall assume sole responsibility for safety of all persons on or about the construction site, in accordance with applicable laws and codes. Guard all materials in accordance with the safety provisions according to OSHA and Associated General

Contractors of America (AGC).

D. Standards of Employee Conduct:

1. The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National Cemeteries are national shrines. The standards of work, appearance, and procedures performed by the contractor at this cemetery shall reflect this nation’s concern for those interred there. Due to the sensitive mission of the cemetery, contractor personnel must exercise and exhibit absolute decorum, composure, and stability at all times.

2. Contractor personnel shall be required to adhere to the following standards of dress and conduct, as briefly mentioned here, while performing work in the National Cemetery.

These standards and regulations are enforceable under Title 38, U.S.C., Part I, Chapter 9, Section 5901.

3. Clothing shall be presentable and suitable to the work while maintaining proper appearance and decorum indicative for a National Shrine. Uniform shirts and hats are preferred. Clothing shall be clean and cleanliness and personal hygiene are imperative. T-shirts and/or tank tops as outer garments are prohibited. Protective/safety clothing and shoes shall meet or exceed OSHA and state requirements.

4. Behavior and language must be appropriate, reverent, and respectful at all times.

5. Eating and drinking (except water) is prohibited in the work areas and within sight of a committal shelter during a service.

6. Use of intoxicating beverages, any tobacco products, and illegal drugs on the Cemetery premises is strictly prohibited.

7. Contractor personnel shall not lean, sit, or stand on or against headstones or monuments.

No tools, equipment or other items will be placed or leaned on headstones or monuments.

8. The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. The

Contractor is expected to remove any employees from the Cemetery for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. If the

Contractor fails to act in this regard, or the reason for a removal is immediately required to protect the interests of the Government, the COR may direct the removal of an employee from the premises. Contractor objections to any such action will be referred to the Contacting Officer (CO) for final resolution; however, the Contractor will first immediately comply with COR direction pending any CO final resolution at a later time or date. The Contractor will not be due any type of compensation for their costs incurred as a result of an employee being removed for cause; unless the removal is directed by the

COR, and is later found invalid and/or unreasonable by the Contracting Officer.

E. Time of Completion: The project shall be completed within 120 calendar days after contract

Notice to Proceed. Work outside of the Cemetery’s normal operating hours of 7:00 am to

4:30 pm, local time, Monday through Friday, excluding observed Federal Holidays, shall be permitted only by approval of the COR and in accordance with Paragraph B.9 of this SOW.

The Contractor shall not commence performance of work until the Contracting Officer has conducted a preconstruction meeting or has advised the Contractor that a preconstruction meeting is not required.

F. Code Compliance: All work shall be performed in accordance with the specifications. It shall be the Contractor's responsibility to comply with all the applicable local, state and federal laws and regulations. The Contractor shall apply and obtain all applicable permits to comply with local, State and Federal regulations and requirements. The Contractor shall remove and dispose of all waste materials and construction debris and comply with all applicable local, State and Federal regulations and requirements. All waste materials and debris specified shall be removed from the Cemetery grounds by the Contractor at its own expenses, including all applicable permits and fees.

G. Experience Requirements:

1. The Contractor shall provide sufficient project details with their technical proposal to demonstrate experience with at least three (3) water utility projects of similar size, scope, and using similar materials and methods over the past five (5) years. Each contract submitted must have been satisfactorily completed, or if not yet completed, must be marked by satisfactory progress. The Government will not consider a contract that is less than 50% complete or an effort that concluded more than 5 years ago. Contractor shall provide reference points of contact for each project listed.

2. Contractor Supervisor/Superintendent: A competent and experienced English-speaking

Contractor Supervisor/Superintendent shall be provided by the Contractor whenever work is being performed - other than trash and debris pick-up. The Contractor

Supervisor must have not less than five (5) years of experience as a direct supervisor of water utility projects. Offerors shall submit a resume for the Contractor Supervisor as part of the technical proposal. All permanent substitutions, whether of prime supervisors or sub-contractors, will be identified and reported to the COR and Contracting Officer, if not prior to, as soon as possible after occurrence.

3. The Contractor Supervisor shall review and approve submittals, ensure all specifications are being met, inspect the quality of work performed, ensure contract work does not conflict with ceremonies and funerals, ensure employees are is adequately supervised and proper conduct maintained, and certify the completed work for payment and other purposes.

H. Contractor Quality Control:

1. The Contractor shall guarantee that all work done under this contract shall be free from defaults and no faulty workmanship with one (1) year warranty. Contractor shall ensure all appropriate paperwork is submitted to the manufacturer to receive the warranty. The

Contractor hereby agrees to repair or replace deficiencies within 14 calendar days of notification by the direction of the CO at Contractor's own expense and shall be corrected to the satisfaction of the Government.

I. Submittals After Award:

1. Submit samples, cut sheets, and shop drawings to the COR for review and approval.

2. Detailed Work Plan. The Contractor shall provide in writing a detailed work plan which presents the Contractor’s plan for completing the work. The Contractor’s plan shall be responsive with the Scope of Work and describe, in detail, the approach to be used for each task required. For each task, the Contractor shall identify all necessary subtasks (if any), and milestone dates. The Contractor’s work plan shall be submitted to and approved by the Contracting Officer prior to the start of on-site work.

J. Specifications Sections:

01 00 00 – General Requirements;

03 30 53 – Cast-in-Place Concrete (Short Form);

31 20 11 - Earth Moving (Short Form); and

33 10 00 – Water Utilities.

K. Plans/details:

1. Drawing X-101: Cover Sheet & Index;

2. Drawing L-101: Overall Site Plan;

3. Drawing L-102: Detailed Site Plans; and

4. Drawing L-201: Water Details.

L. COR: The Contracting Officer’s Representative (COR) for this project will be designated upon contract award in writing and the Contracting Officer will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

M. Project completion: The project site shall be protected and/or restored to a condition equal to that existing prior to the commencement of work. Upon completion of contract, deliver work complete and undamaged. Existing work disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work.

END OF STATEMENT OF WORK

36C78618R0049 Section D

SECTION D - PACKAGING AND MARKING

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

36C78618R0049 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, 36C78618R0049 Section E labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the

Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of Clause)

36C78618R0049 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the

Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

F.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

36C78618R0049 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: [TBD]

b. GOVERNMENT: David Dixon, Contracting Officer

Department of Veterans Affairs

NCA Contracting Service

75 Barrett Heights Rd. Suite 309

Stafford VA 22556

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award

Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

(END OF SECTION)

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

36C78618R0049 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

36C78618R0049 Section I

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/

FAR

Number

Title Date

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS

OCT 2016

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

OCT 2015

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT

FORMAT

OCT 1997

52.222-3 CONVICT LABOR JUN 2003

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS MAY 2014

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS MAY 2014

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION—DEBARMENT MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015

52.222-26 EQUAL OPPORTUNITY SEP 2016

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION

APR 2015

52.222-50 COMBATING TRAFFICKING IN PERSONS MAR 2015

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DEC 2015

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2017

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION ALTERNATE I (MAY 2011)

MAY 2011

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.223-21 FOAMS JUN 2016

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS DEC 2007

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 PLEDGES OF ASSETS JAN 2012

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS MAY 2014

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS

MAY 2014

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER

THAN SYSTEM FOR AWARD MANAGEMENT

JUL 2013

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.233-1 DISPUTES MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK

APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS

APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.243-5 CHANGES AND CHANGED CONDITIONS APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 2017

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.249-1 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (SHORT FORM)

APR 1984

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

852.203-70 COMMERCIAL ADVERTISING JAN 2008

852.211-70 SERVICE DATA MANUALS, MECHANICAL EQUIPMENT JAN 2008

852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR JUL 2002

852.236-74 INSPECTION OF CONSTRUCTION JUL 2002

852.236-76 CORRESPONDENCE APR 1984

852.236-77 REFERENCE TO "STANDARDS" JUL 2002

852.236-78 GOVERNMENT SUPERVISION APR 1984

852.236-80 SUBCONTRACTS AND WORK COORDINATION APR 1984

852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (WITHOUT NAS)

APR 1984

852.236-84 SCHEDULE OF WORK PROGRESS NOV 1984

852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS APR 1984

852.236-86 WORKERS' COMPENSATION JAN 2008

852.236-87 ACCIDENT PREVENTION SEP 1993

852.236-88 CONTRACT CHANGES--SUPPLEMENT JUL 2002

852.236-89 BUY AMERICAN ACT JAN 2008

852.236-91 SPECIAL NOTES JUL 2002

852.246-71 INSPECTION JAN 2008

I.2 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)

I.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 237110 assigned to contract number .

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

(End of Clause)

I.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES

(JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

http://www.sba.gov/content/table-small-business-size-standards

I.5 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JAN 1997) ALTERNATE I (JUL 1995)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a

Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of

Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard

No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the

Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph

(h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of

Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS must be placed in a weather resistant envelope.

(End of Clause)

I.6 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the

Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

I.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage…