VA69D-15-B-0310.docx
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VA69D-15-B-0310
PART I - THE SCHEDULE 11. SOLICITATION NO.
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
6. PROJECT NO.
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
A. NAME
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., 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. 4-85)
STANDARD FORM 1442
Prescribed by GSA YFAR (48 CFR) 52.236-1(d)
NSN 7540-01-155-3212
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.
VA69D-15-B-0310
X 6 March 2015 695-15-2-555-0001 695-324 0069D Great Lakes Acquisition Center (GLAC) Department of Veterans Affairs 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Great Lakes Acquisition Center (GLAC) Department of Veterans Affairs 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 Jutrzonka, Leon A 414-844-4820 PROJECT 695-324 CONSTRUCT PARKING STRUCTURE LOT 4 AT THE CLEMENT J. ZABLOCKI VAMC, MILWAUKEE, WISCONSIN Provide for and furnish all labor, superintendence, materials, tools, equipment, transportation, licenses, certification insurance, temporary protection, minor demolition, general construction, mechanical and electrical work, preparation work for equipment, utility systems and other items required under the provisions of this contract to complete Project PROJECT 695-324 CONSTRUCT PARKING STRUCTURE LOT 4 AT THE CLEMENT J. ZABLOCKI VAMC, MILWAUKEE, WISCONSIN. This project includes demolition, excavation & soil management, sheeting & shoring, utility relocations concrete pouring, pre-cast concrete erection, crane operations, general masonry construction, mechanicals & elevators, fire protection, plumbing & electrical work, directional boring, roofing, waterproofing, interiors & exteriors finishes, landscaping, site improvements, signage & striping, equipment installation, commissioning, utility systems, and necessary removals in the construction of a new 3-tier elevated pre-cast parking structure on the VAMC Milwaukee, Wisconsin campus. See Statement of Work, plans and specifications for further information. All construction work will be accomplished within 365 days the Notice to Proceed.
The project magnitude range is between $5,000,000 and $10,000,000.
NAICS: 236220 - Commercial and Institutional Building Construction / $36.5 Million Size Standard This procurement is a 100% set-aside for CVE-Verified Service-Disabled Veteran-Owned Small Business Firms (SDVOSB) -per the authority 38 U.S.C. 8127 (Public Law 109-461) In accordance with VAAR 819.7003(b), Offerors must be a current CVE verified vendor at the time of submitting an offer.
Submit all questions regarding the solicitation, specifications, and/or drawings in writing to the Contracting Officer, Leon A. Jutrzonka, NLT 4:30pm, 20 March 2015. No questions will be accepted after that date and time.
If submitting as a joint-venture, offers must include a copy of the joint-venture agreement.
NOTICE: VA and/or a third party (support contractor)will require access to VA contractor records to assess contractor compliance with the limitations on subcontracting requirements included at VAAR 852.219-10. See LIMITATIONS ON
SUBCONTRACTING AND COMPLIANCE (JUNE 2011).
All bidders are responsible for monitoring and downloading any amendments from FedBizOpps at the following website:
https://www.fbo.gov/ Per FAR 52.232-18, award is subject to the availability of funds.
X X 52.211-10 X
ZERO (0)
2:00pm 04-10-2015 X
SECTION A - SOLICITATION/CONTRACT FORM
SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NO.
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 NO.
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. 253(c) (
26. ADMINISTERED BY
CODE
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, requisitions 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
BY
OFFER
AWARD
STANDARD FORM 1442(REV. 4-85)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) x (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
0069D Great Lakes Acquisition Center (GLAC) Department of Veterans Affairs 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 Ricky Bond
BID SCHEDULE
Project #: 695-324 Parking Structure Lot 4
BASE BID: GENERAL CONSTRUCTION
Work includes demolition, excavation & soil management, sheeting & shoring, utility relocations, concrete pouring, pre-cast concrete erection, crane operations, general masonry construction, mechanicals & elevators, fire protection, plumbing & electrical work, directional boring, roofing, waterproofing, interiors & exteriors finishes, landscaping, site improvements, signage & striping, equipment installation, commissioning, utility systems, and necessary removals in the construction of a new 3-tier elevated pre-cast parking structure on the VAMC Milwaukee, Wisconsin campus.
See plans and specifications for further information. All construction work will be accomplished within 365 days after receipt of the notice to proceed.
Price for Base Bid: $________________
Alternate Bid Item 1: All work in the Base Bid minus construction of the following:
1.) Attendant parking booth at the structure entrance.
2.) The installation of the brick veneer at the northwest stair tower.
3.) The installation of the brick veneer at the southwest stair tower.
4.) The aluminum storefront window enclosure of the northwest stair tower.
All work associated with Alternate Bid Item 1 to be substantially complete in 360 days.
Price for Alternate Bid Item 1: $________________
Alternate Bid Item 2: All work in the Alternate Bid Item 1 minus the installation of fall deterrent metal fabrications on Parking Structure Levels 2 & 3.
All work associated with Alternate Bid Item 2 to be substantially complete in 355 days.
Price for Alternate Bid Item 2: $________________
Alternate Bid Item 3: All work in the Alternate Bid Item 2 minus construction of the following:
1.) The construction of the top floor (Level 3) lobby enclosure.
2.) The aluminum storefront window enclosure of the southwest stair tower.
All work associated with Alternate Bid Item 2 to be substantially complete in 350 days.
Price for Alternate Bid Item 3: $________________
Alternate Bid Item 4: All work in the Alternate Bid Item 3 minus the construction of “Parking Area Deduct #1” (see drawings). This is a deduct of six (6) parking spaces. All work to be substantially complete in 345 days.
Price for Alternate Bid Item 4: $________________
Alternate Bid Item 5: All work in the Alternate Bid Item 4 minus the construction of “Parking Area Deduct #2” (see drawings). This is a deduct of thirty-three (33) parking spaces. All work to be substantially complete in 340 days.
Price for Alternate Bid Item 5: $________________
Alternate Bid Item 6: All work in the Alternate Bid Item 5 minus the construction of “Parking Area Deduct #3” (see drawings). This is a deduct of twenty (20) parking spaces. All work to be substantially complete in 335 days.
Price for Alternate Bid Item 6: $________________
Alternate Bid Item 7: All work in the Alternate Bid Item 6 minus the construction of “Parking Area Deduct #4” (see drawings). This is a deduct of forty-five (45) parking spaces. All work to be substantially complete in 340 days.
Price for Alternate Bid Item 7: $________________
NOTICE TO BIDDERS: A single award will be made on Base Bid, subject to available funding. In the event bids on the Base Bid exceed available funding, a single award will be made exclusively on the amount of funding available in the following priority order: Alternate Bid Item 1, Alternate Bid Item 2, Alternate Bid Item 3, Alternate Bid Item 4, Alternate Bid Item 5, and Alternate Bid Item 6.
NOTICE TO BIDDERS: The contractor will be working in a very active and often-congested parking and driving area adjacent to an operating hospital. The contractor will be sharing roadways with patients, visitors, staff, vendors, delivery vehicles and other contractors during the normal work day. Significant pre-cast concrete panels or large materials should be delivered off normal working hours or on week-ends to mitigate congestion and interference.
The contractor will be required to keep all other non-impacted roads, walks and entrances to grounds, parking, and to occupied areas of buildings clear of construction materials, debris and standing construction equipment and vehicles. Submittals regarding staging of equipment, crane placement, storage of supplies, etc. are required. Off-hours and/or week-end deliveries of construction equipment or materials may be required.
NOTICE TO BIDDERS: Work shall not commence until all required submittals are approved by the Contracting Officer or the Contracting Officer’s Representative (COR). An approved cost-loaded, Critical Path Method (CPM) construction schedule is required prior to commencement of construction. CPM schedule shall be approved by the Contracting Officer or the Contracting Officer’s Representative.
NOTICE TO BIDDERS: Additional information regarding the general and specific scope of work is defined in the specifications and drawings. This BID SCHEDULE/SCOPE OF WORK is in addition to and augments the specifications and drawings.
BIDDERS MUST BID ON ALL BID ITEMS. ONLY ONE AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION.
BIDDERS SHOULD ENSURE THAT AN ALL-INCLUSIVE TOTAL FOR EACH BID ITEM (AFTER THE DEDUCTIONS ARE SUBTRACTED) IS THE VALUE ENTERED FOR EACH BID ITEM.
NOTE: METRIC PRODUCTS - Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units, providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376, and all other requirements of this document are met.
If a product is manufactured to metric dimensions, and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the COR, will accept or reject the product.
CONTRACTING OFFICER’S SPECIAL INSTRUCTIONS AS FOLLOWS:
Written requests for information or clarifications to solicitation documents shall be submitted to the Contracting Officer at leon.jutrzonka@va.gov for action no later than 20 March 2015 as shown in Block 13 of the Standard Form 1442. No questions accepted after that date.
After compiling all required information, submit the information in accordance with the "Bid Due Date" in Block 13 of the SF 1442. Return the original and specified number of copies to the issuing office listed in Block 8 of the SF 1442
INQUIRIES:
Inquiries and all correspondence concerning this solicitation document should be submitted in writing to the Contracting Officer. YOU ARE INSTRUCTED SPECIFICALLY TO CONTACT ONLY THE CONTRACTING OFFICER ISSUING THE SOLICITATION ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO CONTRACT AWARD.
CONTRACTOR'S SIGNATURE:
In accordance with Federal Acquisition Regulations Part 4, contractual documents (e.g. bids, proposals, awards, modifications, etc.) shall be completed and signed by the Contractor as follows:
(a) Individuals. Signed by the individual.
(b) Individual doing business as a firm. Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as __________________ (insert name of firm)".
(c) Partnership. Signed in the partnership name. Prior to award, provide list of all partners and designate which partners have authority to bind the partnership.
(d) Corporations. Signed in the corporate name followed by the word "by" and the signature, and title of the person authorized to sign. Prior to award, provide list of individuals who have authority to bind the corporation.
(e) Joint Ventures. Signed by each participant in the joint venture in the manner prescribed in (a) through (d) above.
(f) Agents. When an agent is to sign the contract, other than as stated in paragraph (a) through (e) above, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.
CONTRACTOR INFORMATION:
| Name of Company: | |
| Name: | |
| Title: | |
| Address: | _______ |
| E-Mail Address: |
| Phone No: |
| Fax No : |
TAX ID Number:
DUNS Number:
Past Performance Point of Contact (within your company), include name and email address:
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
(a) There will be no CD’s or paper copies of the solicitation issued. It is the bidder’s responsibility to monitor the Federal Business Opportunities website up to bid opening date for any amendments which may be issued to the solicitation. Bidding materials consisting of drawings, specifications and contract forms may be downloaded from the following publically accessible website: www.fbo.gov . Reference Solicitation VA69D-15-B-0310 when searching for project related documents.
(b) Telegraphic and/or facsimile bids are NOT allowed on this solicitation.
(c) Any questions regarding this solicitation must be submitted in writing to the Contracting Officer. The cut off for submission of questions is 20 March 2015, after which an amendment will be issued (if required) to share that information to all prospective bidders.
(d) If submitting a bid as a joint venture as defined by P.L. 109-461 and Department of Veterans Affairs IL 049-06-4, www.va.gov/osdbu/veteran/jointventuresbrief.asp , the bidder must provide a copy of the joint venture agreement with the bid that is consistent with the requirements outlined therein so that the VA can promptly make a determination of eligibility.
(e) A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.
(f) If the contract will exceed $100,000 (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.
Description of Work: Work includes demolition, excavation & soil management, sheeting & shoring, utility relocations, concrete pouring, pre-cast concrete erection, crane operations, general masonry construction, mechanicals & elevators, fire protection, plumbing & electrical work, directional boring, roofing, waterproofing, interiors & exteriors finishes, landscaping, site improvements, signage & striping, equipment installation, commissioning, utility systems, and necessary removals in the construction of a new 3-tier elevated pre-cast parking structure on the VAMC Milwaukee, Wisconsin campus.
See plans and specifications for further information. All construction work will be accomplished within 365 days after receipt of the notice to proceed.
All design and installation will be in accordance with current VAMC, HVAC design guides, NEC, NFPA, ASHRAE 90.1, state, local, and all VA and federal codes. Provide energy savings equipment and design modifications for current energy usage to the most efficient and economical level possible.
Cost Range: $5,000,000 to $10,000,000
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
CONTRACTOR INFORMATION (CONT.) - Safety or Environmental Violations and Experience Modification Rating Information
Information provided below shall be applicable to Project 695-324 Construct Parking Structure Lot 4
1.) All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror 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. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.
2.) All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.
3.) 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.
4.) If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.
5.) 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 an initial Determination of Responsibility.
6.) This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.
Pre-Award Contractor Safety and Environmental Record Evaluation Form - Project 695-324 Construct Parking Structure Lot 4
Company Name: ______________________________________________ Address: _____________________________________________________ Telephone: ______________________ Fax: ________________________ Email: _______________________________________________________ Contact: ______________________________________________________
1. Utilizing your OSHA 300 Forms, please complete the following information:
| Category |
| 2011 |
| 2012 |
| 2013 |
| 2014 |
Number of man hours (jobsite and office).
Number of cases involving days away from work, restricted activity, or both (Column H and I of OSHA 300).
Days away, restricted, or transferred rate (# of days away, restricted, or transferred cases x 200,000/# of man hours) (DART Rate).
Number of serious, willful, or repeat violations from OSHA within the last 3 years. Please attach explanation for any violations.
Please attach copies of the following documents: OSHA 300 and 300a Forms. These forms can be accessed through the OSHA publications search page: http://www.osha.gov/pls/publications/publication.html.
| 2. | Provide six-digit North American Industrial Classification System (NAICS) Code for this acquisition: __________________________________ |
| 3. | Who administers your company’s Safety and Health Program? ____________________________ |
| 4. | Company’s Insurance Experience Modification Rate (EMR): ____________________________ |
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:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 8.0 % |
| 6.9 % |
These goals are applicable to the entire 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 State of Wisconsin, Milwaukee County, City of Milwaukee
(End of Provision)
2.4 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 20 percent of the bid price or $3,000,000.00, 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)
2.5 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:
Ricky Bond - Contracting Officer Hand-Carried Address:
Department of Veteran Affairs
GLAC (69D)
115 South 84th Street, Suite 101 Milwaukee WI 53214-1476
Mailing Address:
Department of Veterans Affairs
GLAC (69D)
115 South 84th Street, Suite 101 Milwaukee WI 53214-1476
(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)
2.6 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— Friday, 13 March 2015 at 10:00am
(c) Participants will meet at— Clement J. Zablocki VAMC East Entrance, 5000 W. National Avenue, Milwaukee WI (End of Provision)
2.7 VAAR 852.214-70 CAUTION TO BIDDERS--BID ENVELOPES (JAN 2008)
It is the responsibility of each bidder to take all necessary precautions, including the use of proper mailing cover, to insure that the bid price cannot be ascertained by anyone prior to bid opening. If a bid envelope is furnished with this invitation, the bidder is requested to use this envelope in submitting the bid. The bidder may, however, use any suitable envelope, identified by the invitation number and bid opening time and date. If an Optional Form (OF) 17, Sealed Bid Label, is furnished with this invitation in lieu of a bid envelope, the bidder is advised to complete and affix the OF 17 to the lower left corner of the envelope used in submitting the bid.
(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)
| FAR Number |
| Title |
| Date |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| NOV 2014 |
| 52.214-3 |
| AMENDMENTS TO INVITATIONS FOR BIDS |
| DEC 1989 |
| 52.214-4 |
| FALSE STATEMENTS IN BIDS |
| APR 1984 |
| 52.214-5 |
| SUBMISSION OF BIDS |
| MAR 1997 |
| 52.214-6 |
| EXPLANATION TO PROSPECTIVE BIDDERS |
| APR 1984 |
| 52.214-7 |
| LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS |
| NOV 1999 |
| 52.214-18 |
| PREPARATION OF BIDS—CONSTRUCTION |
| APR 1984 |
| 52.214-19 |
| CONTRACT AWARD—SEALED BIDDING—CONSTRUCTION |
| AUG 1996 |
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 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)
(a) Any protest filed by an interested party shall:
(1) Include the name, address, fax number, and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester's representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.
(End of Provision)
2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)
As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.
(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:
| Deputy Assistant Secretary for Acquisition and Logistics, |
| Risk Management Team, Department of Veterans Affairs |
| 810 Vermont Avenue, N.W. |
| Washington, DC 20420 |
Or for solicitations issued by the Office of Construction and Facilities Management:
| Director, Office of Construction and Facilities Management |
| 811 Vermont Avenue, N.W. |
| Washington, DC 20420 |
2.12 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
2.13 001-AL-11-15 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.
(End of Clause)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $36.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 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.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 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.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 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.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 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.
(xiii) 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.
(xiv) 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.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 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 $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 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.
(xxi) 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.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[](i) 52.204-17, Ownership or Control of Offeror.
[](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[](iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
[](iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
[](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
[](vi) 52.227-6, Royalty Information.
[](A) Basic.
[](B) Alternate I.
[](vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of Provision)
3.2 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012)
(a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that—
(1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government.
(2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.
(End of Provision)
3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
(a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii),…
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